CHEEMA and SIKH ASSOCIATION OF WESTERN AUSTRALIA

[2025] WASAT 126

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL

ACT: ASSOCIATIONS INCORPORATION ACT 2015 (WA)

CITATION:   CHEEMA and SIKH ASSOCIATION OF WESTERN AUSTRALIA [2025] WASAT 126

MEMBER:   MR E CADE, MEMBER

HEARD:   5-12 AUGUST 2025

DELIVERED          :   11 NOVEMBER 2025

FILE NO/S:   CC 137 of 2025

BETWEEN:   JASKIRAN KAUR CHEEMA

First Applicant

RAJINDER SINGH BASSI

Second Applicant

PUSHPINDER SINGH

Third Applicant

RANI KAUR SAMRA

Fourth Applicant

BALJIT KAUR SIDHU

Fifth Applicant

DALJIT SINGH DHILLON

Sixth Applicant

PARAMJIT KAUR TUR

Seventh Applicant

ROWINDERJEET KAUR

Eighth Applicant

AND

SIKH ASSOCIATION OF WESTERN AUSTRALIA

Respondent

FILE NO/S:   CC 138 of 2025

BETWEEN:   BALDEV SINGH BAGGA

First Applicant

LAKHBIR SINGH SIDHU

Second Applicant

DIDAR SINGH CHEEMA

Third Applicant

AMRITPAL SINGH

Fourth Applicant

AND

SIKH ASSOCIATION OF WESTERN AUSTRALIA

Respondent

FILE NO/S:   CC 139 of 2025

BETWEEN:   DEVRAJ SINGH

Applicant

AND

SIKH ASSOCIATION OF WESTERN AUSTRALIA

Respondent

FILE NO/S:   CC 154 of 2025

BETWEEN:   AMARJIT SINGH PABLA

Applicant

AND

SIKH ASSOCIATION OF WESTERN AUSTRALIA (INC)

Respondent

Catchwords:

Incorporated association - Dispute regarding whether membership in an incorporated association ceased and whether purported revocation of membership should be rescinded and membership reinstated - Failure by association to comply with rules relating to expulsion of members - Allegation that decision of committee to expel member was motivated by improper purpose - Whether Tribunal has jurisdiction to determine whether committee motivated by improper purpose - Proper construction of s 182 of the Associations Incorporation Act 2015 (WA) - Constitution of association imposes maximum number of members of association - Whether association capable of participating in mediation in good faith where reinstatement of membership is not possible

Legislation:

Associations Incorporation Act 2015 (WA), s 22, s 45, s 46, s 182, s 182(1), s 182(3), Sch1
Associations Incorporation Regulations 2016 (WA), Sch 2, Pt 4, Div 4
State Administrative Tribunal Act 2004 (WA), s 51(1)

Result:

Each applicant in each of the applications is successful

Category:    B

Representation:

CC 137 of 2025

Counsel:

First Applicant	:	PG McGowan
Second Applicant	:	PG McGowan
Third Applicant	:	PG McGowan
Fourth Applicant	:	PG McGowan
Fifth Applicant	:	PG McGowan
Sixth Applicant	:	PG McGowan
Seventh Applicant	:	PG McGowan
Eighth Applicant	:	PG McGowan
Respondent	:	A Sidhu

Solicitors:

First Applicant	:	Equitas Lawyers
Second Applicant	:	Equitas Lawyers
Third Applicant	:	Equitas Lawyers
Fourth Applicant	:	Equitas Lawyers
Fifth Applicant	:	Equitas Lawyers
Sixth Applicant	:	Equitas Lawyers
Seventh Applicant	:	Equitas Lawyers
Eighth Applicant	:	Equitas Lawyers
Respondent	:	Rekhraj Legal

CC 138 of 2025

Counsel:

First Applicant	:	PG McGowan
Second Applicant	:	PG McGowan
Third Applicant	:	PG McGowan
Fourth Applicant	:	PG McGowan
Respondent	:	A Sidhu

Solicitors:

First Applicant	:	Equitas Lawyers
Second Applicant	:	Equitas Lawyers
Third Applicant	:	Equitas Lawyers
Fourth Applicant	:	Equitas Lawyers
Respondent	:	Rekhraj Legal

CC 139 of 2025

Counsel:

Applicant	:	PG McGowan
Respondent	:	A Sidhu

Solicitors:

Applicant	:	Equitas Lawyers
Respondent	:	Rekhraj Legal

CC 154 of 2025

Counsel:

Applicant	:	PG McGowan
Respondent	:	A Sidhu

Solicitors:

Applicant	:	Equitas Lawyers
Respondent	:	Rekhraj Legal

Case(s) referred to in decision(s):

Aiton Australia Pty Ltd v Transfield Pty Ltd [1999] NSWSC 996; (1999) 153 FLR 236

Bejawn v The Sikh Association of Western Australia Inc [2023] WASC 152

City of Wanneroo -v- Tah Land Pty Ltd [2020] WASC 249

Kavanagh and Pine Valley Pistol Club Incorporated [2020] WASAT 11

Kavanagh and Pine Valley Pistol Club Incorporated [2020] WASAT 60

Prowse v McIntyre (1961) 111 CLR 264

Strzelecki Holdings Pty Ltd -v- Cable Sands Pty Ltd [2010] WASCA 222

REASONS FOR DECISION OF THE TRIBUNAL:

Introduction

1. In broad terms, each of the applicants in proceedings CC  137 of 2025, CC 138 of 2025, CC 139 of 2025 and CC 154 of 2025 say they are a member of SAWA who is in dispute with the Sikh Association of Western Australia (SAWA, the Association or the respondent) as, on various dates in 2024 and 2025, the Association invalidly purported to expel them from the Association and has refused their proper request to reinstate their membership. 

2. The applicants say each purported expulsion was invalid as it was not made in accordance with the rules of the Association (which are known as the 'Constitution of the Sikh Association of Western Australia Inc. (SAWA) [2018 Edition]' (the Rules or the Constitution)).

3. Each applicant consequently applies to the Tribunal under s 182(1) of the Associations Incorporation Act 2015 (WA) (AI Act) for orders against SAWA.

4. The orders sought by the applicants in CC 137 of 2025, CC 138 of 2025 and CC 139 of 2025 are:

   1.An order that [his or her] expulsion is rescinded; and

   2.A declaration that [he or she] is restored as a member of SAWA.

1. The order sought by the applicant in CC 154 of 2025 is:

   1.The applicant seeks an order that the Show-Cause Notice is invalid.

2. In broad terms, SAWA asserts that each of the applicants have been properly expelled in accordance with the Constitution and that any dispute they may have had with the Association as to their expulsion has been finally resolved in accordance with its rules. The respondent says that as a consequence each applicant is no longer a member of the Association and so cannot bring to the Tribunal an application under s 182 of the AI Act. Accordingly, SAWA seeks orders from the Tribunal dismissing each of the applications.

3. For the reasons the Tribunal will now give, the Tribunal finds that each applicant in each proceeding has not been lawfully expelled as a member of the Association in accordance with the Constitution, and so each applicant remains a member of the Association.

Background

1. On 4 April 2025 this Tribunal made an order pursuant to s 51(1) of the State Administrative Tribunal Act 2004 (WA) that proceedings CC 137 of 2025, CC 138 of 2025, CC 139 of 2025 and CC 154 of 2025 are to remain as separate proceedings but are to be heard and determined together, and evidence in one proceeding is to be evidence in the other proceeding.

2. The final hearing of these proceedings was held over five days commencing 5 August 2025.  Following the final hearing, each of the parties provided the Tribunal with written closing submissions.

3. With the consent of each of the parties the following documents were marked as exhibits and accepted into evidence by the Tribunal during the course of the final hearing:

NUMBER	TYPE	DESCRIPTION
1	Exhibit	Pages 301 - 832 and 1490 - 1629 in the combined hearing bundle for CC of 137 of 2025
2	Exhibit	The combined hearing bundle in CC of 138 of 2025
3	Exhibit	The combined hearing bundle in CC 139 of 2025
4	Exhibit	The combined hearing bundle in CC 154 of 2025
5	Exhibit	Ledger
6	Exhibit	Witness statement of Rowinderjeet Kaur inclusive of all the relevant annexures filed in CC 137 of 2025
7	Exhibit	Witness Statement of Jaskiran Kaur Cheema inclusive of all the relevant annexures filed in CC 137 of 2025
8	Exhibit	Witness Statement of Pushpinder Pal Singh inclusive of all the relevant annexures filed in CC 137 of 2025
9	Exhibit	Witness Statement of Paramjit Kaur Tur inclusive of all the relevant annexures filed in CC 137 of 2025
10	Exhibit	Witness Statement of Baljit Kaur Sidhu inclusive of all the relevant annexures filed in CC 137 of 2025
11	Exhibit	Witness Statement of Baljit Kaur Sidhu inclusive of all the relevant annexures filed in CC 137 of 2025

1. One further document was tendered by the applicants in each proceeding and marked for identification by the Tribunal:

NUMBER	TYPE	DESCRIPTION
1	MFI	Chronology created by the Applicant

1. The following persons gave oral evidence at the final hearing:

   1.Rowinderjeet Kaur;

   2.Jaskiran Kaur Cheema;

   3.Pushpinder Singh;

   4.Paramjit Kaur Tur;

   5.Baljit Kaur Sidhu;

   6.Daljit Singh Dhillon;

   7.Rajinder Singh Bassi;

   8.Baldev Singh Bagga;

   9.Amritpal Singh;

   10.Lakhbir Singh Sidhu;

   11.Didar Singh Cheema;

   12.Devraj Singh;

   13.Amarjit Singh Pabla;

   14.Manveer Singh;

   15.Harbhajan Singh Bejawn; and

   16.Amarjit Singh.

2. The parties also provided the Tribunal with the following written submissions with respect to each of the proceedings:

   1.Grounds for Application;

   2.Grounds for Respondent's Application to Dismiss;

   3.Applicants' Outline of Submissions in Response to Respondent's Interim Application;

   4.Applicant's Statement of Issues, Facts and Contentions;

   5.Applicants' Amended Statement of Issues, Facts, and Contentions;

   6.Applicants' Outline of Closing Submissions; and

   7.Respondents' Written Submissions.

3. While the circumstances of each of the applicants in each of the proceedings is unique and must be determined separately, the circumstances surrounding the purported expulsion of each applicant in CC 137 of 2025, CC 138 of 2025 and CC 139 of 2025 is broadly similar and to some extent can be considered collectively.

4. In order to ensure accuracy the Tribunal will in these reasons refer to all persons by their full names.[1]

   [1] The Tribunal understands that followers of Sikhism are encouraged to adopt common middle or last names with men encouraged to adopt the name Singh and women encouraged to adopt the name Kaur.

CC 137 of 2025

1. The applicants in CC 137 of 2025 are:

   1.Jaskiran Kaur Cheema - First Applicant;

   2.Rajinder Singh Bassi - Second Applicant;

   3.Pushpinder Singh - Third Applicant;

   4.Rani Kaur Samra - Fourth Applicant;

   5.Baljit Kaur Sidhu - Fifth Applicant;

   6.Daljit Singh Dhillon - Sixth Applicant;

   7.Paramjit Kaur Tur - Seventh Applicant; and

   8.Rowinderjeet Kaur - Eighth Applicant.

Matters not in dispute

1. For the purposes of the applications before the Tribunal all parties accept that SAWA is an Association which is incorporated under the AI Act.[2]

   [2] SAWA was registered under a repealed Act on 13 August 1975, Exhibit 1, page 1416: see also the AI Act: s 190(3)(b).

2. All parties are also in agreement that SAWA and its members are subject to rules as set out in the Constitution, that the Constitution is compliant with s 22 and Sch 1 of the AI Act and the management committee of SAWA is known as the Executive Committee or EXCO.[3]  Relevant to this matter the composition and terms of office of EXCO is set out in r 10.1 and the quorum at all EXCO meetings (which shall not be less than 50% of the total EXCO membership) is set out in r 10.2.3(c).  Importantly for these applications, r 10.2.3(e) is in the following terms:

   Each member of the EXCO has a deliberative vote and any question arising at an EXCO meeting must be decided by a majority vote.  If there is a tie, the person presiding the meeting has a casting vote in addition to his personal deliberative vote.

   [3] Under r 4.1 'EXCO is the Executive Committee of SAWA'. The Constitution in various places refers to the Constitution and to the Rules, and to EXCO and to the committee. All parties accept that the words the Constitution and the Rules and EXCO and the committee are interchangeable and nothing turns on which of these words is used. See also Kavanagh No. 2 at [31].

3. The undisputed documentary evidence shows and the Tribunal is satisfied and it finds the following facts in CC 137 of 2025:

1.In the 2023/2024 financial year each applicant in CC 137 of 2025 was a life member of SAWA.

2.On 9 March 2024 the EXCO resolved:[4]

[4] Exhibit 1, page 1623.

… to issue SCL [show cause letters] to SAWA Members who had defaulted SAWA Constitution, ensure there is transparency and if there is any breach of constitution. i.e Abuse of membership register, office/cctv room break-in, false changing of bank details, false report to police, false report to DMIRS CIV 1266/2023, CC1894/2022, CC921/2021, grant application final report, this to show SAWA members on transparency and enforce of SAWA Constitution and by laws.

In total 20 SAWA members will receive SCL on their breaches on Constitution, which is detrimental, affect community harmony and tarnish the good name of SAWA.

3.On 16 March 2024 each of the applicants in CC 137 of 2025 were given notices under r 8.2(b) & r 8.2(c) of a proposal to expel them from the Association.  The parties during the hearing referred to the notices given under r 8.2(b) & r 8.2(c) as show-cause notices, and the Tribunal will refer to them as such in this decision.  Each of the show-cause notices were in substantially the same terms.  By way of example, the show-cause notice dated 16 March 2024 given by email, post and registered post to Rowinderjeet Kaur, the eighth applicant, is as follows:[5]

[5] Exhibit 1, pages 197 - 203.  Five documents were attached to this letter which are at Exhibit 1, pages 204 - 239.

RE: Defaulting SAWA Constitution and Detrimental Conduct

SAWA is writing to you based on recent events occurred in SAWA, in which you were involved with 10 other EXCO members (2023) defaulting SAWA Constitution, which is viewed conduct detrimental to the interests and good name of SAWA.

This letter is sent to you based on procedure per section 8.2, with respect to Suspension and Termination/Expulsion.

Following are the disputes,

1.The failure to adhere to the SAWA Constitution in the removal of the sitting SAWA President, as outlined in section 10.4 f(i) of the constitution, is a matter of significant concern. Despite the receipt of a notification on February 7, 2023, calling for a 'Special General Meeting' from Bennett Law, the prescribed constitutional procedures for the President's removal have not been followed.

…

2.The unauthorized alteration of the SAWA Banking signature by removing the sitting SAWA President's signature, in contrary to 17.2 c & 17.3e of the SAWA Constitution, is a serious violation.  This was facilitated through the submission of unauthorized EXCO minutes of the meeting to BankWest, resulting in the removal of the President's signature and subsequently causing the SAWA banking account to be 'locked.'  This situation rendered the SAWA bank accounts inoperable, impeding its ability to fulfill financial commitments during this period.

…

3.Participating, narrating and presenting a false narrative to both the Police and the Department of Mines, Industry Regulation and Safety (DMIRS) with the intent to harm, humiliate the President and Secretary of SAWA and tarnish the good name of SAWA, is a serious matter.  It is commendable that both government departments have concluded their investigations, finding no wrongdoing as claimed in the false narrative.

…

4.Participating, narrating and presenting a fake narrative to Constitution Review Team on removal of President, contrary of 10.3.1, President Chair 'preside all meetings'.

…

5.Appointing a Treasurer without President knowledge and Secretary participation and appointing him for dual role, contrary of SAWA Constitution.  Appointing Vice President as President without calling for SGM and dual role, contrary of SAWA Constitution.

…

6.Engaging security personal and preventing SAWA President to participate in EXCO meeting on 5 Feb 2023, in contrary to SAWA Constitution 10.3.1 ' … preside at all meeting and functions unless delegated otherwise.'

…

SAWA view is, you have participated and acted unlawfully, an action viewed detrimental to the very existence of SAWA.

You are required to explain your action on each of the 6 listed defaults.

In accordance with section 8.2 b of the SAWA Constitution, you are hereby granted a period of 28 days to avail yourself and provide an explanation for your actions as mentioned above.

SAWA hereby give you notice to attend a meeting on 27 April 2024 at 1:00pm at Canning Vale Sikh Temple - Office upstairs in which we will follow the procedure per section 8.2, with respect to suspension & termination/expulsion.

Regards

[signed]

SAWA President 2023- 2024

Sdr Harbhajan Singh Bejawn

4.On 24 April 2024, the Secretary posted a notice on the SAWA website titled 'SAWA membership Application Announcement'.[6]  The effect of this notice was that EXCO had resolved to discontinue the use of its membership waiting list and was now calling for those interested in applying for membership to submit an electronic membership application by 8 May 2024. 

[6] Exhibit 1, page 749.

5.On various dates prior to 27 April 2024, written submissions in response to the show-cause notices were sent to EXCO by each of the applicants.

6.The EXCO minutes dated 27 April 2024 show that on 27 April 2024 the EXCO was constituted by 13 of the 16 officers of the Association and so was quorate,[7] that with respect to each of the applicants the written submissions of each applicant was read and in each case the EXCO unanimously resolved to 'execute the power provided in 8.2d(ii) and (iii)'.[8]

[7] Rule 10.2.3.

[8] Exhibit 1, pages 1274 - 1277.

7.The EXCO minutes dated 5 May 2024 shows on that date EXCO was again constituted by 13 of the 16 officers of the Association, that Harbhajan Singh Bejawn was 'excluded due to conflict' and that 'based on evidence and submission' that EXCO unanimously resolved to expel the applicants from the Association.[9]

[9] Exhibit 1, pages 1282 - 1286.

8.On 13 May 2024, each of the applicants in CC 137 of 2025 were given a notice under r 8.2(f) purporting to expel them as members of the Association.  Each notice was in substantially the same terms.  By way of example, the notice dated 16 March 2024 given by email, post and registered post to Rowinderjeet Kaur, the eighth applicant, is as follows:[10]

[10] Exhibit 1, page 240.

RE: Defaulting SAWA Constitution and Detrimental Conduct - EXPULSION

With reference to the meeting held by SAWA EXCO on 27 April 2024 in response to SAWA Show cause notice issued on 16 March 2024.

EXCO confirm that SAWA had given you ample time to attend the meeting on 27 April 2024 or submit written statement (13 April 2024), as per SAWA Constitution 8.2b.  SAWA provided you with 42 days which is more than sufficient time to understand the gravity of this matter and make attempt to clarify the matter in Show Cause Notice.

SAWA is writing to you based on the decision made with regards to your Show Cause Letter.  The reasons for SAWA's decision are as follows: you have defaulted on clauses 10.2.3d (v), 10.3.1, 10.3.7 (a) and 10.4f(i) of the association's constitution.  Additionally, you were involved in unauthorized SAWA EXCO meetings, and were involved in a collective decision to provide false information to the police and the department of mines.

SAWA regret to inform you that, after careful consideration, EXCO has decided to terminate your SAWA membership effective immediately.  This decision was made based on your failure to adhere to SAWA Constitution which was deemed detrimental to the well being of SAWA.

SAWA understand that this may come as disappointing news, EXCO want to express gratitude for your past support and contributions towards Sikh Association of Western Australia.  However, it has become necessary to enforce membership policies in order to maintain the integrity, effectiveness while maintaining serenity of Sikh Association of Western Australia.

Regards,

[signed]

SAWA President 2023 - 2024

Sdr Harbhajan Singh Bejawn

9.On various dates between 16 May 2024 and 19 May 2024 each of the applicants in CC 137 of 2025 wrote to the Secretary to request mediation under r 22.  While each of these requests is different in form, it is not in dispute each was in substance a request made under r 8.2(g) by a member who is expelled from the Association requesting the matter to be referred to the Trustees under r 22.[11]  By way of example, the request to engage in mediation made by Rowinderjeet Kaur, the eighth applicant, is as follows:[12]

[11] See, for example, the email of Pushpinder Singh dated 16 May 2024 at Exhibit 1, page 1517 and Rowinderjeet Kaur, the eighth applicant, dated 19 May 2024 at Exhibit 1, page 1496.

[12] Exhibit 1, page 1555.

RE: Defaulting SAWA Constitution and Detrimental conduct – Expulsion

I wish to acknowledge receipt of the letter dated 13 May 2024 signed by the President of the Sikh Association of Western Australia (SAWA). I would like to provide you with notice that I do not admit to any of the purported contraventions alleged in the 13 May Letter and do not agree that expulsion of my membership from SAWA is permitted pursuant to Rule 8.2 of the SAWA Constitution.

In light of the above, I would like to exercise my right pursuant to Rule 8.2.g of the SAWA Constitution to have this matter referred to the SAWA Trustees for mediation in accordance with Rule 22 of the SAWA Constitution. The following is an excerpt of Rule 8.2.g of the SAWA Constitution for your reference:

A member whose membership is suspended or who is expelled from the Association may, within 14 days after receiving notice of the Committee's decision under subrule (6), give written notice to the secretary requesting the matter to be referred to the Trustees for mediation under rule 22.

This letter is made without prejudice and does not limit in any way my ability to avail myself of other avenues of appeal or remedies that may be available to me.

10.On 21 May 2024, the Secretary confirmed receipt of each of the applicants' requests for mediation.[13]  In this email the Secretary stated:

[13] Exhibit 1, page 1518.

The SAWA Executive Committee acknowledges receipt of your email and has noted your request to transfer the matter under Rule 8.2(g) and Rule 22 of the SAWA Constitution.

The SAWA Executive Committee will contact the SAWA Trustees and will update you in due course.

11.On 8 June 2024, the EXCO posted a notice on the SAWA website advising it had approved the admission of 30 new ordinary members and 20 new associate members. It is not in dispute that with the admission of these 50 new members that the number of SAWA members reached 500, which is the maximum permitted number of members under the Constitution.

12.On 16 June 2024, the Secretary notified the Trustees he had received 'requests from 18 expelled members to transfer this matter to the Trustees, as per section 8.2(g) … requesting the matter be referred to the Trustees for mediation under Rule 22'.[14]  This notice requested the Trustees to '… set up a mediation meeting as per Rule 22 … starting from Rowinderjeet Kaur …'.

[14] Exhibit 1, page 1554.

13.On 25 June 2024 the Trustees invited Rowinderjeet Kaur, the eighth Applicant, and the EXCO to a mediation to commence at 10.00 am on 6 July 2024 at the SAWA Office.[15]  The invitation acknowledged the mediation was held pursuant to a request made under r 8.2.(g) and that the mediation would be conducted in accordance with r 22.  The invitation required each party to the mediation to give the Trustees a written statement of the issues to be considered at the mediation at least 5 days before the mediation takes place, that is by 30 June 2024, and by that same date to confirm their attendance at the mediation.

[15] Exhibit 1, page 1553 and page 1619.

14.On 28 June 2024, the applicants' solicitor wrote to EXCO stating, relevantly: [16]

[16] Exhibit 1, pages 1492 - 1494.

…

3.We now have instructions to issue a notice of commencement of grievance procedure to the Executive committee (ExCo) pursuant to clause 21.3(a) of the Constitution. That notice will be issued in the coming days.

…

5.Accordingly, we expect that the grievance procedure will "overtake" (or at least progress alongside) the mediation process, and that it is therefore appropriate that any proposed mediations pursuant to clause 8.2(g) of the SAWA Constitution be postponed, to enable our clients to exercise their rights under clause 21.3 of the Constitution.

15.On 2 July 2024, the applicants' solicitor wrote to the Secretary requesting the mediation scheduled to commence at 10.00 am on 6 July 2024 be postponed 'to a later date'.[17]

[17] Exhibit 1, page 1619.

16.On 4 July 2024, the Trustees wrote to the applicants' solicitor to 'confirm that the mediation Meetings schedule[d] for Saturday 7 July 2024 [sic] @ 10:00 am (Rowinderjeet) … [is] hereby postponed, as requested by you'.[18]  On that same day the applicants' solicitor wrote to the Secretary to say '[t]hank you for your email confirming that both scheduled mediations have been postponed until further notice.  We will be in contact in due course regarding the grievance procedure, on behalf of our clients collectively'.[19]

[18] Exhibit 1, page 1618.

[19] Exhibit 1, page 1608.

17.On 5 July 2024, the President wrote to the applicants' solicitor stating, in part:[20]

[20] Exhibit 1, page 1495.

As your clients had given notice under sub-rule 8.2 g. of the SAWA Constitution, requesting the matter be referred to SAWA Trustees, SAWA EXCO have referred the matter to the SAWA Trustees.  We understand that the SAWA Trustees have commenced this process and will be contacting your clients progressively to attend mediation meetings.

We do not agree that the grievance procedure under Rule 21 applies to your client's situation. Rule 21.1 provides that the procedure set out in this rule applies to disputes between "members" or between "one member" and the Association. Your clients are not members of the Association …

18.On 12 August 2024, the applicants' solicitors wrote to the EXCO purporting to 'give notice of commencement of the grievance procedure pursuant to clause 21.3 of the SAWA Constitution (Constitution)' and requesting that EXCO '[p]ursuant to clause 21.3(b) … the Executive Committee (ExCo) … convene a meeting within 28 days to consider and determine the dispute'.  The notice states that the dispute in issue is the purported expulsion of each of the applicants from the Association.[21]

[21] Exhibit 1, pages 1497 - 1503.

19.On 21 August 2024, the President wrote to the applicants' solicitors again stating it did not accept that the grievance procedure under r 21 was available to the applicants, and while SAWA will proceed with the mediation process requested by the applicants under r 8.2(g) and r 22 it will defer the holding of these mediations until after the SAWA annual general meeting scheduled to be held on 7 September 2024 when '[t]he newly elected SAWA Executive Committee & Trustees will address the matter following the completion of the handover process in line to Constitution'.[22]

[22] Exhibit 1, pages 1504 - 1505.

20.On 6 September 2024 the applicants' solicitors wrote to the EXCO inviting the Association to 'reconsider your position and convene a meeting pursuant to r 21.3(b) of the Constitution. Please confirm you will do so by no later than 5.00 pm on Friday 13 September 2024'.[23]

[23] Exhibit 1, pages 1506 - 1508.

21.On 13 September 2024 the Secretary wrote to the applicants' solicitors to say 'SAWA has just concluded AGM and new EXCO been appointed on 7 Sep 2024.  This matter will be tabled in our next EXCO meeting'.[24]

[24] Exhibit 1, page 1509.

22.On 31 October 2024 the Secretary wrote to the applicants.  Although a copy of this letter is not in Exhibit 1, an email which refers to the letter is within Exhibit 1 and the applicants and the respondent both refer to this letter in later correspondence.  The Secretary in an email dated 21 November 2024 described the 31 October 2024 letter as:[25]

[25] Exhibit 1, page 1565.

Lastly, to clarify a key issue, the letter issued to you on 31 October 2024 aimed to confirm your interest in proceeding under Rule 22 mediation as re-initiate.  The mediation process was previously halted due to correspondence received from W&H Law. SAWA requires clear assurance that no such external intervention will disrupt the mediation process moving forward.

Your prompt response to the above matters will enable us to progress appropriately.

23.Many if not all of the applicants responded to SAWA's letter dated 31 October 2024 by mid-November 2024 to confirm their willingness to engage in mediation.[26]  For example, on 18 November 2024 Rowinderjeet Kaur wrote to the EXCO requesting the Association, within 7 days, provide her with a date for mediation under r 22.[27]

[26] See, for example, Exhibit 1, pages 1577, 1578, 1580, 1586, 1587 and 1588.

[27] Exhibit 1, page 1578.

24.On 21 November 2024 the Secretary wrote to those who had not responded to its letter of 31 October 2024 asking if they were still willing to engage in mediation and also stating that:

SAWA require an explicit undertaking from you confirming that all legal actions and external interferences will cease.  This is critical to ensuring that mediation proceeds in a manner that is unbiased and free from intimidation or undue influence.

Once this outstanding point, as referenced in letter paragraph 2... at this juncture ......detrimental to this process , is addressed, the EXCO will involve the Trustees and seek their approval to proceed with the mediation process.

25.The letter dated 21 November 2024 appears to have been sent to Didar Singh Cheema and Gurdarshan Singh Kailley, neither of whom are applicants in CC 137 of 2025.[28]

[28] Exhibit 1, pages 1565 and 1576.

26.On or around 22 November 2024 the applicants' changed solicitors.  On 22 November 2024 the applicants' new solicitors wrote to the EXCO to say it understood the letter dated 21 November 2024 required each of the applicants to give an 'explicit undertaking' … 'that all legal actions and external interferences will cease' before it will proceed to schedule mediations with the applicants.  This letter then requested 'you provide us with a response progressing the mediation of our clients' matters by no later than 5.00 PM AWST on Friday, 13 December 2024' and '[i]f no satisfactory response is received within the timeframe set out above, our clients will be forced to conclude that SAWA has refused to proceed with the mediation of their matters and act accordingly'.[29]

[29] Exhibit 1, pages 1510 - 1513.

27.On 13 December 2024 the President wrote to the applicants' new solicitors to say:[30]

[30] Exhibit 1, pages 1514 - 1516.

Kindly re-confirm whether your clients are keen to proceed with mediation under Rule 22 of the SAWA Constitution. This constitutes the second invocation of Rule 22, and any further delays would impede the resolution process. To facilitate effective mediation, it is imperative that all ongoing legal proceedings and external interventions are stayed.

28.On 19 December 2024 the applicants' new solicitors wrote to the EXCO to state:[31]

[31] Exhibit 1, pages 1611 - 1613.

11.As was expressly made clear at paragraph 6(b) of our Previous Correspondence, our clients are willing and able to participate in the mediation of their matters. This position could not have been made more clear, and we note that it was not acknowledged in the portion of your Response purporting to refer to it. Your Response therefore asks a question which the Previous Correspondence answered.

12.It is apparent that the true reason for delay in our clients' matters progressing to mediation is the unrealistic and unreasonable conditions SAWA baselessly demands be met. In the absence of any other explanation, it therefore appears to our clients that SAWA has no intention of proceeding to mediation, but rather intends to obstruct and obfuscate the process with the end and intent of prolonging the prejudice that our clients have suffered by being rendered unable to exercise rights they would otherwise enjoy, including voting rights.

13.If the process of mediation of our clients' matters is not advanced immediately and with all haste then our clients will take your conduct of their matters as obstruction of, and refusal to participate in, the mediation process and rely on this and other correspondence as evidence before the State Administrative Tribunal in proceedings under the Associations Incorporation Act on the basis that the mediation process will have been exhausted by your inaction.

…(original emphasis)

29.On 12 January 2025, the President wrote to the applicants' new solicitors to state:[32]

[32] Exhibit 1, page 1614.

… SAWA acknowledges and welcomes the indication that your clients are now willing and able to participate in the mediation process.

The Executive Committee has therefore agreed to recommence the mediation process, and the Trustees will be informed accordingly. While your clients may retain the right to pursue legal recourse, it is important to note that such actions cannot proceed concurrently with the mediation process for obvious reasons.

Please also further note that SAWA has never denied your clients right to legal representation. Our only concern has been the contradictory views expressed by your clients' previous lawyers to the effect that the proper procedure is to invoke the provisions of Rule 21 of the Constitution instead of Rule 22, which we did not accept. It is this issue which has caused the delay in implementing the mediation process under Rule 22.

As your clients now appear to accept that the Rule 22 mediation process is the correct format in which this dispute may be resolved, we see no further 'legal impediment' to these internal dispute resolution proceedings

30.On 14 January 2025, the applicants' new solicitors wrote to the EXCO to say:[33]

[33] Exhibit 1, pages 1615 - 1616.

Request to proceed urgently to mediation

6.Our clients are ready and willing to attend a mediation of their matters, and have been ready and willing to do so since at least 22 November 2024. As you will appreciate, the limiting factor on our clients' matters is the speed at which you and the rest of the Exco take actual steps to arrange for mediation.

7.You will further appreciate that all parties involved are eager to resolve the matter quickly, given the amount of time that has passed.

8.As such, our clients require:

(a)that you and the Exco move with all haste to schedule the mediation of our clients' matters in a single combined session; and

(b)that, accordingly, within 7 days of the date of this letter you provide us with the following details:

(i)the date, time, and location of the mediation of our clients' matters in a single combined session;

(ii)the name (or names) of the mediator (or mediators); and

(iii)which members of the Exco will be in attendance with authority to resolve the matter.

…

31.On 20 January 2025, the President wrote to the applicants' new solicitors to state:[34]

[34] Exhibit 1, pages 1616 - 1617.

In relation to mediation, it is important to clarify that, according to the Constitution, mediation must occur between the individual member(s) and the EXCO, with the Trustees serving as mediators. Each party is required to provide a written statement to the Trustees for review. This approach is embedded in the Constitution to ensure confidentiality, transparency, and consistency while fostering an impartial and fair resolution process.

The proposal for group mediation, as suggested in your letter, is not aligned with the Constitution. Such an approach would undermine confidentiality, jeopardize transparency, deviate from established procedures, and set an unattainable precedent. It would also impose undue stress on the Trustees, potentially hindering their ability to act impartially. Any deviation from the prescribed process would compromise the integrity of SAWA and erode the trust and fairness that our Constitution is designed to uphold.

SAWA remains committed to following the Constitution and ensuring that all processes, including mediation, are conducted in a manner that serves the best interests of the Association and its members.

The SAWA Executive Committee (Exco) will coordinate with the SAWA Trustees to determine suitable dates to promptly resume the mediation involving Rowinderjeet Kaur and Harmeek S. Kamboj. This mediation was previously postpone at the request of WH Law and accepted by the SAWA Trustees.  Following this, the schedule for all remaining mediation sessions will be finalized. It is important to note that both the SAWA Exco and Trustees are run by dedicated volunteers committed to upholding the SAWA Constitution.

32.On 5 February 2025, the applicants' new solicitors wrote to the EXCO to state:[35]

[35] Exhibit 1, pages 1623 - 1625.

7.… our clients provide you with a final opportunity to schedule the mediation of our client's matters and demonstrate that you and the Exco are, as repeatedly averred, willing to provide our clients with an opportunity to resolve their matters by mediation as required by the SAWA constitution.

8.To deal with this matter expeditiously, our clients propose that their mediations be dealt with in the following manner:

(a)individual mediations take place consecutively with a quorum of 3 trustees, with multiple mediations taking place on the same day;

(b)each individual mediation take no more than 30 minutes per mediation;

(c)as part of each individual mediation, the quorum of trustees is to make a clear recommendation to the Exco (which need not be disclosed to our clients) as to whether the Exco should:

(i)agree to reinstate the member in question effective from the date of that member's expulsion; or

(ii)not agree to do so; and

(d)mediations take place on Saturdays and Sundays with a minimum of 6 mediations scheduled for each weekend such that the mediations for all of our clients take place over the course of 3 consecutive weekends.

9.Our clients require that by no later than 5.00 PM AWST on Friday 14 February 2025, you provide us with the following:

(a)a schedule of mediations setting out the date, time, and location of the mediations of each our clients' matters over the course of 3 consecutive weekends as set out above, with the first mediations to occur no later than 1 March 2025 (being slightly less than 1 year since our clients were issued with their show-cause notices);

(b)the names of the trustees forming the quorum of mediators for each of our clients' mediations; and

(c)which members of the Exco will be in attendance with authority to resolve the matter.

10.We are instructed that should the above not occur by 5.00 PM AWST on 14 February 2025 our clients will conclude that the mediation process under SAWA's rules has failed or been frustrated as a result of your conduct, with the result that their matters cannot be resolved, and proceedings will be commenced in SAT without further warning.

33.On 13 February 2025, the President wrote to the applicants' new solicitors to say:[36]

[36] Exhibit 1, page 1626.

SAWA welcomes the decision to proceed with individual mediation. This approach has been communicated to the Trustees, who are fully aligned and supportive of the process.

However, we have a significant concern regarding the proposed mediation schedule. Allocating only 30 minutes per individual is, in our view, inadequate, based on insights from previous mediations. As SAWA is entirely managed by volunteers, including the EXCO and Trustees, who are actively engaged in operational matters, particularly on weekends, a more practical approach is needed.

To ensure that all parties receive fair and adequate time for mediation, we propose the following schedule:

•The first two mediations will each be allocated a full day, scheduled over two Saturdays.

•Once progress is observed and participants are familiar with the process, we will transition to a more structured schedule, with two expelled members per Saturday.

•Based on this approach, the mediation process is expected to take approximately eight weeks in total.

Furthermore, SAWA wishes to highlight the four weeks of lost time caused by the previous group mediation proposal. This delay could have been avoided had the SAWA Constitution been adhered to, and had there been transparency and disclosure regarding expelled members you no longer represent. To prevent further setbacks, we strongly urge you to cease imposing deadlines and allow the natural process-which SAWA has successfully implemented-to proceed without unnecessary external constraints.

We wish to reiterate and place on record that any delay in the mediation process so far has been as a direct result of the legal advice your clients have sought and obtained in the past. The Association has always been ready, able and willing to organize the mediation process in accordance with the rules. You will no doubt appreciate the sheer number of mediations limits the time within which this entire exercise can be accomplished for the reasons explained above and previously.

Additionally, we emphasize that the month of March and April is dedicated to SAWA's core objectives (Sikh New Year, Sikh Heritage and Sikh Vaisakhi Celebration events), including religious prayers and functions, sporting activities, cultural events, and engagements with dignitaries and community leaders.

We appreciate your cooperation and look forward to a fair, transparent, and effective mediation process.

The SAWA Executive Committee (Exco) will coordinate with the SAWA Trustees to determine suitable dates to promptly resume the mediation involving Rowinderjeet Kaur and Harmeek S. Kamboj. This mediation was previously postponed at the request of W&H Law and accepted by the SAWA Trustees. Following this, the schedule for all remaining mediation sessions will be finalized. It is important to note that both the SAWA Exco and Trustees are run by dedicated volunteers committed to upholding the SAWA Constitution.

34.On 24 February 2025, the applicant's commenced proceeding CC 137 of 2025.

35.On 28 February 2025, the Trustees invited Rowinderjeet Kaur, the eighth applicant, to a mediation to commence at 2.00 pm on 9 March 2025. 

36.On 9 March 2025, Rowinderjeet Kaur, the eighth applicant, participated in a mediation with the EXCO which was held before four Trustees.  At the conclusion of the mediation the EXCO, at an emergency meeting attended by 12 of the 16 officers of the EXCO, 'unanimously agreed to uphold the decision stated in the expulsion letter dated 13 May 2024'.[37]

[37] Exhibit 1, page 1294 - 1295.

37.On 28 April 2025, the applicants' new solicitors wrote to the respondent's solicitor stating it had received notification that the respondent proposes to hold a mediation on 3 May 2025.  The applicants' new solicitors stated:[38]

[38] Exhibit 1, page 1311.

3.In the circumstances your client is functus officio.  The purported mediation is a nullity.  The purported mediation is in any event exactly that which is not now open to your client because the proceedings in SAT are in its review jurisdiction. See ss26 and 31 SAT Act.  The only forum for any mediation is in SAT on 11 June 2025.

38.On 29 April 2025, the respondent's solicitor wrote to the applicants' new solicitor and stated:[39]

[39] Exhibit 1, page 1312.

4.Our client will continue to arrange mediation dates for all the other applicants in the above matters, as they are obliged to do, under the provisions of rule 8.2.g and rule  22.1 of the association's constitution.

5.Kindly take note that our client (and/or the management committee) has never, at any stage, abandoned its responsibilities under the rules of the association, despite contrary assertions made by your clients.

6.Our client's position is that mediation before the tribunal can proceed in parallel with the association's internal mediation process and that our client is not functus officio in the circumstances.

7.We also believe that these proceedings invoke the original jurisdiction of the SAT and not its review jurisdiction. We are therefore unclear as to the reason you have indicated in paragraph 3 of your aforesaid letter, that the proceedings before the SAT are in its review jurisdiction, quoting ss 26 and 31 of the SAT Act.

39.On 1 May 2025, the Trustees wrote to Pushpinder Singh, the third applicant, inviting him to attend a mediation under r 8.2.(g) and r 22 to commence at 3.00 pm on 10 May 2025 at the SAWA office, with the mediation to be conducted in accordance with r 22.3.  The invitation requested the third applicant provide both confirmation of his attendance at the mediation and a written statement of issues by 5 May 2025.

40.On 5 May 2025, the third applicant forwarded a written submission to the Trustees.[40]  This submission responded to various matters raised in the show-cause notice but also stated that based on legal advice from his new solicitors that 'the matter is now in SAT's review jurisdiction and accordingly the mediation is not open to SAWA', and that that he would not attend the mediation scheduled to take place on 10 May 2025.

41.The third applicant did not attend the mediation on 10 May 2025 which proceeded in his absence in the presence of the Trustees and the EXCO.  The mediation did not result in EXCO agreeing to rescind the expulsion of the third applicant and restore his membership.[41]

42.On 8 May 2025 the Trustees wrote to Jaskiran Kaur Cheema, the first applicant, inviting her to attend a mediation to commence at 3.00 pm on 17 May 2025.  On 12 May 2025 Jaskiran Kaur Cheema wrote to the Secretary advising that she will not attend the mediation.

43.On 21 May 2025 the Trustees wrote to Daljit Singh Dhillon, the sixth applicant, inviting him to attend a mediation to commence at 3.00 pm on 7 June 2025.[42]

44.On 21 May 2025 the Trustees wrote to Rajinder Singh Bassi, the second applicant, inviting him to attend a mediation to commence at 3.00 pm on 31 May 2025.[43]

[40] This submission is erroneously dated 5 April 2025:  Exhibit 1, pages 1308 - 1309.

[41] Exhibit 1, page 1307.

[42] Exhibit 1, page 1417.

[43] Exhibit 1, page 1418.

1. The applicants contend that to fully understand their dispute with SAWA it is necessary to also consider certain other events that took place in 2022 and 2023.  These events, the applicants say, are that:

   1.On 24 September 2022 the SAWA annual general meeting took place at which the following persons were elected as officers of the Association for the 2022/2023 financial year:

   a.Harbhajan Singh Bejawn as President;

   b.Amarjeet Singh Amar as Assistant Secretary;

   c.The first applicant as Vice-President;

   d.The second applicant as Assistant Treasurer; and

   e.The third to eighth applicants as EXCO members.

   2.Between January 2023 and February 2023 the first to eighth applicants as members of EXCO (with others) voted in favour of removing Harbhajan Singh Bejawn as President.

   3.On the basis of a genuine good faith belief that Harbhajan Singh Bejawn had been properly removed as President a majority of the remaining EXCO members carried on SAWA's ordinary business.

   4.On 17 March 2023 Harbhajan Singh Bejawn brought an action in the Supreme Court of Western Australia against SAWA and the members of the EXCO which was given the matter number CIV 1266 of 2023.

   5.On 16 May 2023 her Honour Justice Seaward decided in CIV 1266 of 2023 that the proper process for the removal of Harbhajan Singh Bejawn as President had not been followed and made declarations to the effect he had not been lawfully removed as President of SAWA in accordance with the Constitution and that he remained the President of SAWA.

   6.On 16 August 2023 her Honour made orders as to the costs in CIV 1266 of 2023 to the effect that:

   a.SAWA is to pay Harbhajan Singh Bejawn costs of the originating summons to be taxed on a party-party basis if not agreed;

   b.Harbhajan Singh Bejawn is to pay 80% of SAWA's costs of the costs application to be taxed if not agreed; and

   c.Harbhajan Singh Bejawn is to pay 100% of the costs of the second to twelfth defendants in CIV 1266 of 2023.

   7.However, her Honour denied Harbhajan Singh Bejawn's application:

   a.for his costs to be paid personally by the second to twelfth defendants;

   b.for costs on an indemnity basis; and

   c.for a special costs order.

Matters in dispute

1. The applicants assert:

   1.The effect of her Honour's orders is that Harbhajan Singh Bejawn is to pay some of SAWA's costs as well as being personally liable to his solicitors, which latter amount was in the 2023/2024 financial year transferred by SAWA in contravention of a resolution of the Association to Harbhajan Singh Bejawn's personal bank account;

   2.As a consequence, Harbhajan Singh Bejawn who was again voted to the office of President of SAWA in the 2023/2024 financial year, was motivated to expel them because they had voted to remove him as President in February 2023 and because, if they were officers of the Association, that they would be unlikely to approve a resolution to reimburse him from SAWA funds for his personal legal costs; and

   3.On 4 July 2025 Amarjit Singh Pabla, the applicant in CC 154 of 2025 lodged with the Tribunal his witness statement in CC 154 of 2025.  In paras 6 to 9 of this witness statement Amarjit Singh Pabla states:[44]

   [44] Exhibit 4, page 291.

   6.On 8 June 2024, I learnt that SAWA had admitted 30 new ordinary members and 20 new associate members.

   7.I understand that a copy of these membership admission announcements forms document 22 of the Applicants' bundle of documents filed in matter number CC/137 /2025 before the Tribunal on 24 April 2025.

   8.The list of new SAWA members made me concerned because I knew that many of the new members were family or friends of the SAWA executive committee (Exco), and Manveer Singh's announcement had specifically announced the discontinuance of the old system of a membership waiting list without providing any information on what decision-making process would be replacing it.

   9.I noticed that several of the new members were friends or family of the current SAWA Exco. I have summarised my observations in the below table:

   Applications:

Total numbers of applications received	988
Incomplete applications (Invalid)	101
Successful applications (Associate)	20
Successful applications (ordinary)	30
Unsuccessful applications	837

No	Title	FIRST NAME	MIDDLE	SURNAME	Member/Category	Observations
1	[redacted]	[redacted]	[redacted]	[redacted]	[redacted]	Member passed away
…

1. The respondent denies these assertions and says:

   1.Harbhajan Singh Bejawn declared a conflict of interest and did not vote on the resolution to expel the applicants' from SAWA;

   2.Harbhajan Singh Bejawn declared a conflict of interest and did not vote on the resolution to reimburse him from SAWA funds for his personal legal costs;

   3.The EXCO resolution to reimburse Harbhajan Singh Bejawn from SAWA funds for his personal legal costs was not in contravention of a resolution of the Association; and

   4.At the time the mediations were held by the Trustees there was at least one, if not several, vacant membership positions.

The applicants' contentions in CC 137 of 2025

1. Each of the applicants in CC 137 of 2025 contends:

   1.The matters relied upon in the show-cause notice and the notice which purported to expel them from SAWA did not allege, as required, a contravention of the rules of the Association with the consequence each of the show-cause notices and the expulsion notices is invalid;

   2.The notice which purported to expel them from SAWA was not issued within the time required under the Constitution with the consequence each of the expulsion notices is invalid;

   3.The matters relied upon in the notice which purported to expel them from SAWA was motivated by an improper purpose in that the decision was inconsistent with the duties contained in s 45 and s 46 of the AI Act with the consequence each of the expulsion notices is invalid;[45] and

   4.At the time of each of the mediations held by the Trustees under r 8.2(g) and r 22 it was not open to the EXCO to resolve to rescind the applicants' expulsions from the Association and reinstate their membership of the Association, as at the date of each of these mediations the number of members of the Association was the maximum number permitted under the Constitution, with the consequence each mediation is invalid.[46]

   [45] Applicant's Outline of Closing Submissions, paras 9, 46 & 52.

   [46] Supra para 72.

2. As a consequence of the failure to give each of the applicants access to a valid mediation under r 8.2(g) and r 22 and in failing to permit them to have access to the grievance procedure under r 21, the applicants have exhausted the dispute resolution processes under the Constitution and their dispute with the Association is incapable of being resolved under the rules of the Association. Consequently, the applicants now apply to the Tribunal under s 182 of the AI Act for the resolution of their disputes with the Association.

The respondent's contentions in CC 137 of 2025

1. The respondent submits that the Tribunal is not possessed of jurisdiction under s 182 of the AI Act to resolve the applicants' dispute with the Association.

2. This is because the respondent asserts that it has done everything required of it under the Constitution with the consequence that the expulsion of the applicants from the Association is a valid decision which is resolved under the rules of the Association. As a consequence, the applicants are not now members of the Association and their applications should be dismissed.

Jurisdiction

1. The enabling Act under which these applications are brought is the AI Act, in this case, s 182 of the AI Act. An application under s 182 of the AI Act is within the original jurisdiction of the Tribunal. Section 182 is in the following terms:

   (1)If a dispute cannot be resolved under the procedure provided for as required by Schedule 1 Division 1 item 18 -

   (a)the incorporated association concerned; or

   (b)a member of the association involved in the dispute; or

   (c)a former member expelled from the association involved in the dispute,

   may make an application to the State Administrative Tribunal to have the dispute determined by that Tribunal.

   (1A)An application by a former member must be made within 6 months of the expulsion of the person from the incorporated association.

   (2)Nothing in subsection (1) prevents the State Administrative Tribunal from exercising its powers to refer the dispute, or any aspect of it, for mediation.

   (3)In a proceeding under subsection (1), the State Administrative Tribunal may make orders giving such relief as the Tribunal considers appropriate, including one or more of the following orders -

   (a)an order giving directions for the observance of the rules of the incorporated association by any person who has an obligation to observe those rules;

   (b)an order declaring and enforcing the rights and obligations of members or former members of the incorporated association between themselves;

   (c)an order declaring and enforcing the rights and obligations between the incorporated association and any member, members, former member or former members of the association.

2. The limits of the jurisdiction conferred on the Tribunal by s 182 of the AI Act is discussed by Senior Member Aitken in Kavanagh and Pine Valley Pistol Club Incorporated [2020] WASAT 11 (Kavanagh No.  1):

   86.However, in the Tribunal's view, an application can be made under s 182(1) of the AI Act if an incorporated association contends that the membership of a person who has been a member of the incorporated association has ceased, but that person disputes that their membership has ceased because they contend that the incorporated association has not complied with its rules. In that situation, it will be necessary for the Tribunal to determine the issue of whether the rules (properly construed) have been complied with before the Tribunal can determine whether it has jurisdiction to deal with the dispute under s 182(1) of the AI Act. If the Tribunal determines that the incorporated association did not comply with its rules and that the membership of the person has not ceased then it can make a declaration under s 182(3)(c) of the AI Act declaring that the person is still a member of the incorporated association and that the decision to terminate their membership is void and of no effect. That being the case, the person will, in fact, have been a current member of the incorporated association when they make the application under s 182(1) of the AI Act.

   …

   90.Section 182 of the AI Act does not give the Tribunal jurisdiction to deal with the merits of whether a person's membership of an incorporated association should have been terminated; it only gives the Tribunal jurisdiction to determine whether an incorporated association has complied with its rules in making a decision to terminate the membership.

Principles for the proper construction of the rules of an incorporated association

1. Senior Member Aitken of the Tribunal considered the principles for the proper construction of the rules of an incorporated association in Kavanagh and Pine Valley Pistol Club Incorporated [2020] WASAT 60 (Kavanagh No. 2), cited with approval by her Honour Justice Seaward in Bejawn v The Sikh Association of Western Australia Inc [2023] WASC 152 at [25]. In that decision, after considering certain authorities, the Senior Member enunciated the principles for the proper construction of the rules of an incorporated association in the following terms:

   19.….

   1)The rules of an incorporated association represent the terms of a statutory contract, firstly between the members of the association themselves and, secondly between the members and the association.

   2)The principles applicable to the construction of the rules of an incorporated association are an adaptation of the principles which govern the construction of commercial contracts.

   3)Those principles, however, must be modified, in the manner outlined below, when the Tribunal is construing the rules of an incorporated association, for two reasons.  Firstly, the rules of an incorporated association have a public dimension.  Secondly, an incorporated association is not a commercial operation established with a view to generating profits, but rather is what may be described as a non-profit making organisation.

   4)The Tribunal must approach the construction of a particular rule of an incorporated association, when read in the context of the rules as a whole, with a degree of flexibility.  This means that the Tribunal should not make too much of infelicities of expression in the rules of an incorporated association, nor be too quick to identify absurdity, illogicality or apparent inconsistencies.

   5)The rules of an incorporated association are a deemed contract, created by statute, without the normal elements of a contract having to be established.  The rules speak not only to the members of the incorporated association, but also to third parties who might consider becoming members.  Accordingly, it is important that the rules are capable of being construed by third parties by reference to the text of the rules.

   6)Some 'surrounding circumstances', particularly those that are likely to be well-known, not just to the members of the incorporated association, but also to relevant third parties, are part of the contextual considerations which can be weighed by the Tribunal in construing the rules of an incorporated association, but restraint ought to be exercised in doing so.

1. This Tribunal will respectfully adopt and apply these principles in order to properly construct the Constitution.

The Sikh Association of Western Australia Incorporated (SAWA)

1. The objects of SAWA are set out in r 5. 

2. The powers of SAWA are set out in r 6. 

3. The requirements for membership of SAWA are set out in r 7. 

4. The process of suspending membership and expelling members is set out in r 8.  Rule 8 is in the following terms:

   8.CESSATION, SUSPENSION AND TERMINATION OF MEMBERSHIP

   8.1Cessation

   Membership shall automatically cease upon a member's resignation, death or non-payment of dues over 2 consecutive years.

   8.2Suspension and Termination/Expulsion

   a.The committee may decide to suspend a member's membership or to expel a member from the Association if -

   i.the member contravenes any of these rules; or

   ii.the member acts detrimentally to the interests of the Association.

   b.The secretary must give the member written notice of the proposed suspension or expulsion at least 28 days before the committee meeting at which the proposal is to be considered by the committee.

   c.The notice given to the member must state -

   i.when and where the committee meeting is to be held; and

   ii.the grounds on which the proposed suspension or expulsion is based; and

   iii.that the member, or the member's representative, may attend the meeting and will be given a reasonable opportunity to make written or oral (or both written and oral) submissions to the committee about the proposed suspension or expulsion;

   d.At the committee meeting, the committee must -

   i.give the member, or the member's representative, a reasonable opportunity to make written or oral (or both written and oral) submissions to the committee about the proposed suspension or expulsion; and

   ii.give due consideration to any submissions so made; and

   iii.decide -

   (i)whether or not to suspend the member's membership and, if the decision is to suspend the membership, the period of suspension; or

   (ii)whether or not to expel the member from the Association.

   e.A decision of the committee to suspend the member's membership or to expel the member from the Association takes immediate effect.

   f.The committee must give the member written notice of the committee's decision, and the reasons for the decision, within 7 days after the committee meeting at which the decision is made.

   g.A member whose membership is suspended or who is expelled from the Association may, within 14 days after receiving notice of the Committee's decision under subrule (6), give written notice to the secretary requesting the matter to be referred to the Trustees for mediation under rule 22.

   h.If notice is given under subrule (7), the member who gives the notice and the committee are the parties to the mediation.

   i.During the period a member's membership is suspended, the member -

   i.loses any rights (including voting rights) arising as a result of membership; and

   ii.is not entitled to a refund, rebate, relief or credit for membership fees paid, or payable, to the Association.

   j.When a member's membership is suspended, the secretary must record in the register of members -

   i.that the member's membership is suspended; and

   ii.the date on which the suspension takes effect; and

   iii.the period of the suspension.

   k.When the period of the suspension ends, the secretary must record in the register of members that the member's membership is no longer suspended.

5. The procedure for resolving disputes between members or between members and SAWA (known as the grievance procedure) is set out at r 21.

6. The procedure for conducting a mediation is set out in r 22.  Rule 22 is in the following terms:

   22.MEDIATION

   22.1Application

   a.Rule 22 applies if written notice has been given to the secretary requesting the matter to be referred to the Trustees for mediation-

   i.by a member under rule 8.2(g); or

   ii.by a party to a dispute under rule 21.3(e)(ii)(B) or 21.4(c).

   b.If this rule applies, the matter must be referred to the Trustees for mediation.

   22.2Mediators:

   Trustees shall act as mediators.[47]

   [47] Trustees are appointed under r 12. Under r 12 there are not to be more than five Trustees at any one time and three Trustees acting together constitute the quorum for the exercise of their functions and duties under the Constitution.

   22.3Mediation process

   a.The parties to the mediation must attempt in good faith to settle the matter that is the subject of the mediation.

   b.Each party to the mediation must give the Trustees a written statement of the issues that need to be considered at the mediation at least 5 days before the mediation takes place.

   c.In conducting the mediation, the Trustees must -

   i.give each party to the mediation every opportunity to be heard; and

   ii.allow each party to the mediation to give due consideration to any written statement given by another party; and

   iii.ensure that natural justice is given to the parties to the mediation throughout the mediation process.

   d.A Trustee cannot determine the matter that is the subject of the mediation.

   e.The mediation must be confidential, and any information given at the mediation cannot be used in any other proceedings that take place in relation to the matter that is the subject of the mediation.

   f.The costs (if any) of the mediation are to be paid by the party or parties to the mediation that requested the matter to be referred to the Trustees.

   22.4If Mediation Results in Decision to Suspend or Expel Being Revoked

   If -

   a.mediation takes place because a member whose membership is suspended or who is expelled from the Association gives notice under rule 8.2(g); and

   b.as the result of the mediation, the decision to suspend the member's membership or expel the member is revoked, that revocation does not affect the validity of any decision made at a committee meeting or general meeting during the period of suspension or expulsion.

7. Reading Rules 5, 6, 7, 8, 21 and 22 as a whole and applying the principles for the proper construction of the rules of an association discussed above, the Tribunal finds the effect of these Rules is that:

   1.Membership of SAWA is open to all persons over 18 years of age who are citizens of Australia, who reside in Western Australia and who declare that they are of the Sikh faith:  r 7.1.

   2.There are four classes of membership, which are, associate member (non-voting), ordinary member (voting), life member (voting) and honorary member (non-voting unless invited to vote by the EXCO):  r 7.3.

   3.New members are to become associate members except that the adult children and spouses of life members may apply for ordinary membership without the requirement to commence as associated members:  r 7.2.

   4.Associate members are able to apply for ordinary membership after 2 years.  Ordinary members are able to apply for life membership after 2 years:  r 7.3.

   5.EXCO may decide to suspend a member's membership or to expel a member from SAWA in accordance with the following procedure:

   a.The Secretary must give to the member written notice of the proposed suspension or expulsion at least 28 days before the EXCO meeting at which the proposal is to be considered by the committee;

   b.The written notice must state:

   i.When and where the EXCO meeting is to be held;

   ii.The grounds on which the proposed suspension or expulsion is based; and

   iii.That the member, or the member's representative, may attend the meeting and will be given a reasonable opportunity to make oral or written (or both) submissions to the committee about the proposed suspension or expulsion; and

   iv.EXCO must give 'due consideration' to any submissions so made.

   c.EXCO decides (after a vote of a majority of EXCO members at a properly constituted EXCO meeting held at least 28 days after written notice is given) that the grounds given are made out, that is that the member has contravened any of the Rules, or that the member has acted detrimentally to the interests of the Association;

   d.A decision by EXCO to suspend a member's membership or to expel the member from SAWA has immediate effect; and

   e.EXCO must give the member written notice of the EXCO decision and the reasons for the decision within 7 days after the committee meeting at which the decision is made:  r. 8.2.

   6.A member whose membership is suspended or who is expelled from SAWA may, within 14 days after receiving notice of the EXCO decision under r 8.2(f) give written notice to the Secretary to be referred to the Trustees for mediation under r 22. [48]  If notice is given under r 8.2(f) both the member who gives the notice and the EXCO are parties to the mediation:  r 8.2(h).

   [48] Rule 8.2.(f) is referred in r 8.2(g) as r 8.2.6 but all parties accept that nothing turns on this misnomer. 

   7.If members are in dispute with each other or a member is in dispute with the Association then the parties may use the grievance procedure set out in r 21, which requires:

   a.The parties to the dispute must attempt to resolve the dispute between themselves within 14 days after the dispute has come to the attention of each party;

   b.If the parties to the dispute are unable to resolve the dispute between themselves any party to the dispute may start the grievance procedure by giving written notice to the Secretary of:

   i.The parties to the dispute; and

   ii.The matters that are the subject of the dispute;

   c.Within 28 days after the Secretary is given notice under the grievance procedure an EXCO meeting must be convened to consider and determine the dispute.  The Secretary must give to each party to the dispute written notice of the EXCO meeting at which the dispute is to be considered and determined at least 7 days before the meeting is held, which notice must include:

   i.When and where the EXCO meeting is to be held; and

   ii.That the member, or the member's representative, may attend the meeting and will be given a reasonable opportunity to make oral or written (or both) submissions to the committee about the proposed suspension or expulsion;

   d.At the EXCO meeting at which a dispute is to be considered and determined EXCO must:

   i.Give to each party to the dispute or the party's representative a reasonable opportunity to make written or oral submissions (or both) to EXCO about the dispute;

   ii.EXCO must give 'due consideration' to any submissions so made; and

   iii.EXCO must then determine the dispute.

   e.If EXCO determines a dispute under the grievance procedure EXCO must give written notice of its determination and the reasons for the determination within 7 days after the EXCO meeting at which the determination is made.

   f.A party to the dispute may, within 14 days after receiving notice of the EXCO determination give written notice to the Secretary requesting the matter to be referred to the Trustees for mediation under r 22, and if this notice is given then each party to the dispute is a party to the mediation.

   g.However, if the dispute is between a member and SAWA and any party to the dispute gives written notice to the Secretary stating that the party does not agree to the dispute being determined by the EXCO and requests that the dispute be referred to the Trustees for mediation under Rule 22, then the EXCO must not determine the dispute.

   8.Rule 22 applies if a written notice has been given to the Secretary requesting the dispute to be referred to the Trustees for mediation under r 8.2(g) or r 21.3(e)(ii)(B) or r 21.4(c).  If such a notice is given then:

   a.The Trustees shall act as mediators;

   b.The parties to the mediation must attempt in good faith to settle the matter that is the subject of the mediation;

   c.Each party to the mediation must give to the Trustees a written statement of the issues that need to be considered at the mediation at least 5 days before the mediation takes place;

   d.In conducting the mediation the Trustees must:

   i.Give to each party to the mediation every opportunity be heard; and

   ii.Allow each party to the mediation to give due consideration to any written statement given by another party; and

   iii.Ensure that natural justice is given to the parties throughout the mediation process.

   e.A Trustee cannot determine the matter that is the subject of mediation;

   f.The mediation must be confidential and any information at the mediation cannot be used in any other proceeding that take place in relation to the matter that is the subject of the mediation;

   g.The costs (if any) of the mediation are to be paid by the party to the mediation that requested the matter to be referred to the Trustees; and

   h.If mediations takes place because a member whose membership is suspended or who is expelled from the Association gives notice under r 8.2(g) and as a result of the mediation, the decision to suspend the member's membership or to expel the member is revoked, then that revocation does not affect the validity of any decision made at a committee meeting or general meeting during the period of suspension or expulsion.

The issues to be determined by the Tribunal

1. The issues the Tribunal is required to determine are:

   1.Does the Constitution require a show-cause notice to allege a contravention by the member of the Constitution and if so, did the notice allege a contravention by the member of the Constitution?

   2.Was the expulsion notice given to the member given within the time required under the Constitution, and if it was not given within the time required, whether the expulsion notice is invalid?

   3.Were the Trustees permitted to postpone the holding of mediations in accordance with the request made by the applicants' solicitor's on 28 June 2024 and, if so, when should they have recommenced scheduling mediations?

   4.Were the mediations held by the Trustees after the applicants had commenced proceedings in the Tribunal valid mediations under r 8.2.(g) and r 22?

   5.If at the date of a mediation held by the Trustees under r 8.2(g) and r 22 the number of members of the Association was the maximum number of members permitted under the rules, was the  EXCO participating in good faith to settle the matter that is the subject of the mediation?

   6.Were the outcomes of the mediations held by the Trustees outcomes which resolved the disputes between the applicants and SAWA?

1. For the reasons explained by Senior Member Aitken in Kavanagh No. 1 at [90], the Tribunal is not permitted to determine the merits of whether a person's membership of an incorporated association should have been terminated, which in these proceedings does not permit the Tribunal to determine the following matters:

   1.Whether the decision to give the show-cause notices to the applicants or the decision to expel the applicants' from SAWA was motivated by an improper purpose in that the decision was inconsistent with the duties contained in s 45 and s 46 of the AI Act.

   2.Whether the EXCO resolution to reimburse Harbhajan Singh Bejawn in full, from SAWA funds for his personal legal costs was in contravention of a resolution of the Association.

   3.Whether the applicants' were permitted to request access to the grievance procedure under r 21 after the EXCO had purported to expel the applicants as members of the Association.

Consideration of CC 137 of 2025

Does the Constitution require a show-cause notice to allege a contravention by the member of the Constitution and if so, did the notice allege a contravention by the member of the Constitution?

1. The effect of r 8.2(a) is that the EXCO may decide to expel a member from the Association if the member 'contravenes any' rules of the Association, or, if the member 'acts detrimentally to the interests of the Association'.

2. It is not in dispute that on 9 March 2024 the EXCO resolved to issue show-cause notices to around 20 members of the Association (which includes the applicants in CC 137 of 2025, CC 138 of 2025 and CC 139 of 2025), and that on 16 March 2024 the EXCO Secretary gave a written show-cause notice to each of the applicants that the EXCO was proposing they be expelled and that the proposal would be considered by the EXCO at a meeting to be commence at 1.00 pm on 27 April 2024 at the upstairs office in Canning Vale Sikh Temple.

3. Rule 8.2(b) requires the show-cause notice to be given at least 28 days before the EXCO meeting at which the proposal would be considered.  It is not in dispute and the Tribunal finds that each of the show-cause notices complied with this time requirement.

4. Rule 8.2(c) requires that the show-cause notices 'must state':

   i.when and where the committee meeting is to be held; and

   iithe grounds on which the proposed expulsion is based; and

   iiithat the member or the member's representative may attend the meeting and be given a reasonable opportunity to make written or oral (or both) submissions to the EXCO about their proposed expulsion.

5. It is not in dispute and the Tribunal finds that each of the show-cause notices complied with the requirements set out in r 8.2(c)i and iii.  The parties are, however, in dispute as to whether the show-cause notices complied with r 8.2(c)ii.[49]

   [49] Exhibit 1, pages 1601 - 1604.

6. The applicants assert that under r 8.2(a) the only grounds on which a member may be expelled from the Association are grounds which assert the member has contravened any of the rules of the Association, or, if the member acts detrimentally to the interests of the Association. The applicants then assert that the grounds set out in the show-cause notices issued by the Secretary on 16 March 2024 are not grounds that allege a contravention of the Constitution.

7. The major contraventions alleged in the show-cause notices issued to the applicants are that the applicants participated as a member of the EXCO to:

   1.Remove the President through a process other than the process authorised under r 10.4(f);

   2.Approve the making of complaints to both Police and Department of Mines, Industry Regulation and Safety (DMIRS) that the applicants knew to be false, with the intention of harming and humiliating the then proper President and Secretary of EXCO; and

   3.Approve the alteration of the SAWA banking signature by removing the authorities of the then proper President and Secretary, contrary to r 17.2(c).

8. Attached to the show-cause notices are copies of the EXCO minutes and other documents on which the grounds are said to be based. 

9. The applicants assert that none of these grounds allege a contravention by the applicants of the Constitution.

10. The Tribunal finds that grounds 1 and 3 above are allegations that the applicants did, while a member of the EXCO, vote in favour of resolutions which are contrary to the Constitution (r 10.4(f) and r 17.2(c) respectively) and that ground 2 does allege that the applicants have acted detrimentally to the interests of the Association by making complaints to Police and DMIRS about the then proper President and Secretary which were not substantiated by those agencies.

11. The Tribunal therefore finds that that the show-cause notices given to the applicants on 16 March 2024 do satisfy the requirements set out in r 8.2(a) and r 8.2(c)ii.  However, the Tribunal, wishes to make clear that in making this finding it is not making any finding that the grounds alleged are substantiated or are true.

Were the outcomes of the mediations held by the Trustees outcomes which resolved the disputes between the applicants and SAWA?

1. The Tribunal has previously answered the question whether the outcomes of the mediations held by the Trustees are outcomes which resolved the disputes between the applicants and SAWA in the negative.  This answer is equally applicable to the applicants in CC 138 of 2025.

2. For the same reasons set out above, the Tribunal finds that the outcomes of the mediations purportedly held by the SAWA Trustee under r 8.2(g) and r 22 of the SAWA did not resolve the dispute between the applicants and the Association within the meaning of s 182(1) of the AI Act.

Conclusion in CC 138 of 2025

1. The consequence of the Tribunal's findings in CC 138 of 2025 is that the applicants were not expelled from the Association under the procedure provided for in the Constitution and that they remain life members of the Association.

2. To give effect to these findings the Tribunal will make the following orders under s 182(3) of the AI Act:

   1.      An order that the expulsion of each applicant is rescinded;

   2.A declaration that each applicant has not been lawfully expelled as a member of SAWA in accordance with the Constitution; and

   3.      A declaration that each applicant remains a member of SAWA.

CC 139 of 2025

1. The applicant in CC 139 of 2025 is Devraj Singh.

2. The undisputed documentary evidence shows and the Tribunal is satisfied and it finds the following facts in CC 139 of 2025:

   1.In the 2023/2024 financial year the applicant in CC 139 of 2025 was a life member of SAWA.

   2.On 20 March 2024 the applicant in CC 139 of 2025 was given a show-cause notice.[61]

   3.The applicant gave a written submission to the EXCO responding to his respective show-cause notice on 3 May 2024.

   4.The EXCO minutes dated 4 May 2024 shows that a meeting to consider whether to expel the applicant as a member of the Association was held on that day, the EXCO was quorate, that the applicant's written submission was read by the EXCO and that the EXCO resolved to 'execute the power provided in 8.2d(ii) and (iii)'.[62]

   5.The EXCO minutes dated 5 May 2024 shows that on that day the EXCO resolved to expel the applicant from the Association.[63]

   6.On 13 May 2024 the applicant was given a notice under r 8.2(f) purporting to expel him from the Association.[64]

   7.On 18 May 2024 the applicant wrote to the Secretary to request mediation under r 8.2(g) and r 22.[65]  Confirmation of the receipt of this request was given by the Secretary to the applicants on 21 May 2025.

   [61] Exhibit 3, pages 41 - 44. 

   [62] Exhibit 1, page 1279.

   [63] Exhibit 1, page 1283.

   [64] Exhibit 3, page 77.

   [65] Exhibit 3, page 346.

3. Other than these matters, the chronology set out above with respect to CC 137 of 2025 is equally relevant to the applicant in CC 139 of 2025.

Matters in dispute

1. The matters in dispute in CC 139 of 2025 are effectively the same matters set out above with respect to CC 137 of 2025.

The applicant's contention in CC 139 of 2025

1. The applicant's contentions in CC 139 of 2025 are effectively the same matters set out above with respect to CC 137 of 2025.

The respondent's contentions in CC 139 of 2025

1. The respondent's contentions in CC 139 of 2025 are effectively the same matters set out above with respect to CC 137 of 2025.

The issues to be determined by the Tribunal in CC 139 of 2025

1. The issues to be determined by the Tribunal in CC 139 of 2025 are, subject to the difference in chronology set out above, effectively the same issues to be determined by the Tribunal in CC 137 of 2025.

Consideration of CC 139 of 2025

Does the Constitution require a show-cause notice to allege a contravention by the member of the Constitution and if so, did the notice allege a contravention by the member of the Constitution?

1. The Tribunal has previously answered the question whether the Constitution requires the show-cause notices to allege a contravention by members of the Constitution in CC 137 of 2025 in the affirmative. This answer is equally applicable to the applicant in CC 139 of 2025.

2. The Tribunal must now determine whether the show-cause notice:

   1.Was given at least 28 days before the EXCO meeting at which the proposal would be considered, as required by r 8.2(b); and

   2.Whether, as required by r 8.2(c) it stated:

   i.when and where the meeting is to be held;

   ii.the grounds on which the proposed expulsion is based; and

   iiithat the member or the member's representative may attend the meeting and be given a reasonable opportunity to make written or oral (or both) submissions to the EXCO about their proposed expulsion.

3. It is not in dispute and the Tribunal finds that the show-cause notice given to the applicant complied with the requirements set out in r 8.2(c)i and r 8.2(c)iii.  The parties are, however, in dispute as to whether the show-cause notice complied with r 8.2(c)ii.

4. The applicant asserts that the grounds set out in the show-cause notice given to the applicant by the Secretary on 20 March 2024 are not grounds that allege a contravention or contraventions of the Constitution.

5. As indicated above, the major contravention alleged against the applicant are:

   1.When President of SAWA in 2020 he failed to action an AGM motion to disburse $60,000 and that due to this failure SAWA was required to respond to an application made by members of SAWA to this Tribunal, contrary to r 21.3(e)(ii) and 21.4(c);

   2.When President of SAWA in 2021 he failed to take reasonable steps to hold the 2021 AGM within the time required by the Constitution, contrary to r 13.2(a); and

   3.During the 2021 AGM he failed to 'intervene and take corrective action' when he was informed the returning officer was using a voter list which contained errors and so he prevented certain members from attending, participating and voting at the 2021 AGM, contrary to r 10.2.1(b) and r 14(a).

6. Rule 21.3 deals with how the SAWA grievance procedure is to be commenced.  Rule 21.3(e)(ii) requires the Secretary to do certain things when requested to do so under the grievance procedure.  The alleged contravention is that when the applicant was President, he failed to action an AGM motion to disburse $60,000.  Putting aside the difficulty with this allegation being that the President of SAWA is not able to disburse SAWA funds without a resolution of the EXCO, there can only be a contravention of r 21.3(e)(ii) by a member who is at the relevant time the Secretary.  This applicant was not the Secretary at the relevant time, so he cannot ever be in contravention of this rule.

7. Rule 13.2(a) requires SAWA to hold its AGM 'within 3 months of the close of each financial year by issuing not less than 21 days prior written notice … specifying the date, time, venue and agenda'.  While no doubt the President has an important role in managing the business of the Association, he or she must act through the EXCO and at least with respect to issuing a notice to members cannot act unilaterally through his or her position as President.  Accordingly, as the President is not by virtue of his or her office required to issue the notice required by r 13.2(a) the applicant cannot ever be contravention of this rule.

8. Rule 10.2.1(b) requires that the '[s]ecretary shall provide to the RO [returning officer] a complete list of voting members prior to the close of nominations for election'.  The only member therefore who can contravene r 10.2.1(b) is a member who is at the relevant time the Secretary.  As this applicant was not the Secretary at the relevant time, he cannot ever be in contravention of this rule.

9. Rule 14(a) in effect limits attendance, participation and the right to vote at an AGM to life members and ordinary members who are financial and not under suspension.  Insofar as this rule imposes duties on any member of SAWA, it appears to impose them under r 10.2.1 on the returning officer appointed by the EXCO and on the Secretary who is to provide the returning officer with the 'complete list of voters'.  As this applicant was neither the returning officer not the Secretary at the relevant time he cannot ever be in contravention of this rule.

10. The Tribunal will therefore answer this question by finding that the under r 8.2(c)ii the Constitution does require the show-cause notice to allege a contravention by members of the Constitution, and that for the reasons given above the notice did not comply with this requirement.

11. The consequence of this is that the show-cause notice given to the applicant is invalid.

Was the expulsion notice given to the applicant within the time required under the Constitution, and if it was not given within the time required, whether the expulsion notice is invalid?

1. Rule 8.2(f) states that the EXCO 'must' give the member written notice of a decision to expel a member to the member 'within 7 days after' the meeting at which the decision is made.  It is not in dispute and the Tribunal finds that the written notice of the decision to expel the applicants was given to him by email on 13 May 2024.

2. The applicant has questioned whether the EXCO decision to expel the applicants from the Association was made at the EXCO meeting on 4 May 2024 or whether it was made at the EXCO meeting on 5 May 2024. The applicant contends, however, that the reference in r 8.2(c)i & r 8.2(c)ii and r 8.2(d) to 'the committee meeting' of the Constitution requires there to be a single meeting at which the EXCO is to both consider the proposal to expel a member and to make its decision as to whether it is expel a member. In the alternative, the applicants assert that whichever of these days the decision was made on that the notice was not given within the 7 days as required by r 8.2(f).

3. The respondent contends that the minutes of the 4 May 2024 EXCO meeting shows on that day the EXCO was quorate and that it convened to give the applicant an opportunity to attend and make oral submissions (which was an opportunity that he took) and to provide his written submissions to the EXCO members (which was done by his submission being read to the meeting).  The respondent then contends that in order to give 'due consideration' to the submissions as required by r 8.2(d)ii it was permitted to defer the making of a decision as to whether to expel him to its next meeting on 5 May 2024.  The respondent contends that the minutes of the 5 May 2024 EXCO meeting shows that the decision to expel the applicants was then made on that day.  The respondent then also contends that the calculation of time for the purposes of r 8.2(f) should exclude Saturdays and Sundays, with the result that in this case the period of time allowed for the giving of a notice under r 8.2(f) is 9 calendar days, with the consequence that the notice was given within the time required by the rule.

4. The Tribunal finds that the minutes of the 5 May 2024 EXCO meeting shows that the EXCO was quorate and that the decision of the EXCO to expel the applicant as a member of the Association was made by the EXCO at its meeting on 5 May 2024. 

5. For the reasons given above, the Tribunal finds that for as the word day for the purposes of r 8.2(f) means a period of 24 hours reckoned from midnight to midnight and so it will include any Saturday or Sunday which falls within the 7 day period in r 8.2(f).

6. The consequence of these findings is that the notice given to the applicants under r 8.2(f) was not given 'within 7 days after' the meeting at which the decision was made, but rather was given only within 8 days after the meeting at which the decision was made.

7. The Tribunal also finds that the reference in r 8.2(c)i & r 8.2(c)ii and r 8.2(d) to 'the committee meeting' may not necessarily require there to be a single committee meeting but that it may in certain circumstances permit the EXCO to hold two meetings, provided that at least the purpose of holding the two meetings is to 'give due consideration' to the submissions made by the applicants and that the EXCO is constituted by the same officers on each occasion.

8. The Tribunal is satisfied that it does appear from the minutes that the purpose of the two meetings was to 'give due consideration' to the submissions made by the applicants and that the minutes of the EXCO meetings on 4 May 2024 and 5 May 2024 show that the EXCO was identically constituted on each occasion.  The Tribunal is therefore satisfied that the EXCO was permitted to consider the proposals to expel the applicants from the Association at the two meetings it held on 4 May 2024 and 5 May 2024.

9. However, the Tribunal finds that for the reasons given above that the failure of the EXCO and/or Secretary to comply with r 8.2(f) that it 'must' give to the member written notice of a decision to expel a member 'within 7 days after' the meeting at which the decision is made renders the notices of expulsion given by SAWA to the applicants invalid.

Were the Trustees permitted to postpone the holding of mediations in accordance with the request made by the applicant's solicitors' on 28 June 2024 and, if so, when should they have recommenced scheduling mediations?

1. The Tribunal has previously answered the question whether the Trustees were permitted to postpone the holding of mediations in accordance with the request made by the applicants' solicitor's on 28 June 2024 in the negative.  This answer is equally applicable to the applicant in CC 139 of 2025.

2. For the same reasons, the Tribunal therefore finds that the Trustees were not permitted to postpone the holding of mediations in accordance with the request made by the applicant's solicitor's on 28 June 2024 as by that date the period of time in which the properly requested mediations should have been held had passed.

Were the mediations held by the Trustees after the applicants had commenced proceedings in the Tribunal valid mediations under r 8.2(g) and r 22?

1. The Tribunal has previously answered the question whether the mediations held by the Trustees after the applicants had commenced proceedings in the Tribunal were valid mediations under r 8.2(g) and r 22 in the negative.  This answer is equally applicable to the applicants in CC 139 of 2025.

2. For the same reasons, the Tribunal finds the mediations purportedly scheduled by the Trustees commencing on 9 March 2025 are invalidly convened mediations, although this is not because the applicants had commenced proceedings in the Tribunal but because the period of time in which the properly requested mediations should have been held had by that time passed.

If at the date of a mediation held by the Trustees r 8.2(g) and r 22 the number of members of the Association was the maximum number of members permitted under the rules, was the EXCO participating in good faith to settle the matter that is the subject of the mediation under r 22.3?

1. The Tribunal has previously answered the question whether the EXCO was participating in good faith to settle the matter that is the subject of the mediation under r 22.3 in the negative.  This answer is equally applicable to the applicant in CC 139 of 2025.

2. For the reasons, the Tribunal finds that that the EXCO did not participate in good faith to settle the matter that is the subject of the mediation.

Were the outcomes of the mediations held by the Trustees outcomes which resolved the disputes between the applicants and SAWA?

1. The Tribunal has previously answered the question whether the outcomes of the mediations held by the Trustees are outcomes which resolved the disputes between the applicants and SAWA in the negative.  This answer is equally applicable to the applicant in CC 139 of 2025.

2. For these same reasons set out above, the Tribunal finds that the outcomes of the mediations purportedly held by the SAWA Trustee under r 8.2.(g) and r 22 of the SAWA did not within the meaning of s 182(1) of the AI Act resolve the dispute between the applicants and the Association.

Conclusion in CC 139 of 2025

1. The consequence of the Tribunal's findings in CC 139 of 2025 is that the applicant was not expelled from the Association under the procedure provided for in the Constitution and that he remains a life member of the Association.

2. To give effect to these findings the Tribunal will make the following orders under s 182(3) of the AI Act:

   1.An order that the expulsion of the applicant is rescinded.

   2.A declaration that the applicant has not been lawfully expelled as a member of SAWA in accordance with the Constitution.

   3.A declaration that the applicant remains a member of SAWA.

CC 154 of 2025

1. The applicant is CC 154 of 2025 is Amarjit Singh Pabla.

2. The undisputed documentary evidence shows and the Tribunal is satisfied and it finds the following facts in CC 154 of 2025:

   1.In the 2024/2025 financial year the applicant, Amarjit Singh Pabla, was a life member of SAWA.

   2.On 1 December 2024 the EXCO resolved to conduct inquiries to determine whether in 2019 and 2020 the applicant was authorised to submit certain applications for funding on behalf of SAWA.[66]

   [66] Exhibit 4, pages 348 and 354.

   3.On 19 December 2024 the President sent to the applicant, Amarjit Singh Pabla, a notice under r 8.2(a), r 8.2(b) & r 8.2(c) of the EXCO's proposal to expel him from the Association.[67]  It is difficult to summarise this show-cause notice, which comprises eight pages with 11 attachments comprising 47 pages some of which contain corrupted text.[68]

   [67] Exhibit 4 pages 355 - 362.

   [68] Exhibit 4, pages 363 - 419.

   4.Doing its best to fairly understand this show-cause notice, the Tribunal considers it to allege that the applicant made a funding submission to a Federal Member of Parliament on SAWA letterhead in which he had 'failed to disclose' the 'direction of the ASG games' and in which he had falsely represented himself to be a member of the EXCO and that he did these things so as to 'de-fraud the Commonwealth'.  As a consequence, the applicant is asked 'to justify your action with evidence on the following breaches':

   i.whether his election on 12 April 2019 as Secretary to Australian National Sikh Sports and Cultural Council, Western Australia (ANSSACC WA) complied with r 5(a), r 5(e), r 6(k), r 10.2.3(f), r 16(a), r 16(d) and r 17.3(d);

   ii.whether he was authorised to use SAWA letterhead when submitting the funding application to a Federal Member of Parliament;

   iii.why ANSSACC WA was not itself submitting the funding application to a Federal Member of Parliament;

   iv.'how your decisions took into consideration SAWA 'Best Interest' in your communication to Matt Keogh MP, while addressing the ASG utilizing SAWA letterhead';

   v.who directed the applicant to make a funding application to a Federal Member of Parliament on behalf of SAWA;

   vi.why the funding application to a Federal Member of Parliament did not include the Secretary's email address;

   vii.why the SAWA bank account details were not included in the funding application;

   vii.whether the funding application made to a Federal Member of Parliament was an attempt to remove SAWA from the ANSSACC WA as well as to obtain 'seeding funds' for a 'new Association'; and

   viii.Whether the applicant was provided with the authority of the President when he wrote to the Minister of Education on 13 December 2022.

   5.The show-cause notice concludes with the instruction the applicant is to attend a meeting at the SAWA office at 10.00 am on 15 February 2025 at which the EXCO will 'follow the procedure per section 8.2 c'.

   6.On 14 February 2025 the applicant gave his response to the show-cause notice to the EXCO.[69]  This response alleged that the show-cause notice given to the applicant was intended solely to punish him for an application he had made to this Tribunal against SAWA on 7 November 2024 and which he had withdrawn on 16 December 2024, and that as a consequence he was in dispute with SAWA and requested the use of the grievance procedure under r 21.  On that same day the applicant advised the EXCO he was unable to attend the meeting at 10.00 am on 15 February 2025 due to an 'unavoidable medical appointment' being a 'dental health check' scheduled for 10.00 am on that day.  As a consequence, the applicant's meeting was re-scheduled to 10.00 am on 22 February 2025.[70]

   7.On 21 February 2025 the applicant advised the EXCO he was unable to attend the meeting on 22 February 2025 due to a 'medical condition'.  The applicant provided the EXCO a medical certificate dated 17 February 2025 which stated the applicant has 'a medical condition and will be unfit for work from 17/02/25 to 03/03/2025 inclusive'.[71]  As a consequence the applicant's meeting was re-scheduled to 10.30 am on 8 March 2025.[72]

   8.On 25 February 2025 the Secretary wrote to the applicant by email advising him the EXCO did not agree that it was in dispute with the applicant and denied him access to the grievance procedure under r 21.

   9.On 7 March 2025 the applicant advised that he would not attend the meeting scheduled for 8 March 2025 as he had now commenced an application in this Tribunal (CC 154 of 2025) 'to seek an order that Show-Cause Notice is invalid'.

   10.The EXCO minutes dated 8 March 2025 show that on 8 March 2025 the EXCO was quorate,[73] that the applicant's submission was considered and that by a majority vote the EXCO resolved to expel the applicant from the Association.

   11.On 13 March 2025 the applicant was given a notice under r 8.2(e) that he was expelled from the Association.[74]  The applicant did not request mediation under r 8.2(g) and r 22.

   [69] Exhibit 4, pages 433 - 435.

   [70] Exhibit 4, page 438.

   [71] Exhibit 4, page 447.

   [72] Exhibit 4, page 454.

   [73] Exhibit 4, page 465.

   [74] Exhibit 4, pages 470 - 472.

1. The applicant contends that to fully understand his dispute with SAWA it is necessary to understand that:

   1.On 7 November 2024 the applicant had commenced a proceeding in the Tribunal against SAWA (CC 796 of 2024) seeking, amongst other things, orders to 'vacate the membership list published' on 8 June 2024, and that he had withdrawn this application on 16 December 2024 in order to permit the grievance procedure under r 21 to proceed;

   2.That instead of giving the applicant access to the grievance procedure under r 21 it issued him with a show-cause notice; and

   3.On 14 February 2025 the applicant sought access to the grievance procedure under r 21 which SAWA refused him access to on 25  February 2025.

Matters in dispute

1. The applicant contends that the show-cause notice given to him on 13 March 2025 is invalid because it:

   1.Is not in accordance with r 8.2(d); and

   2.Is motivated by an improper purpose in that the decision was inconsistent with the duties contained in s 45 and s 46 of the AI Act.

2. The respondent advances the same submissions it made in CC 137 of 2025 that the Tribunal is not possessed of jurisdiction under s 182 of the AI Act to resolve the applicant's dispute with the Association because it has done everything required of it under the Constitution to properly expel the applicant from the Association.

The issues to be determined by the Tribunal in CC 154 of 2025

1. The issues to be determined by the Tribunal in CC 154 of 2025 are, subject to the difference in chronology set out above, are effectively the first two of the issues to be determined by the Tribunal in CC 137 of 2025.

Consideration of CC 154 of 2025

Does the Constitution require a show-cause notice to allege a contravention by the member of the Constitution and if so, did the notice allege a contravention by the member of the Constitution?

1. The Tribunal has previously answered the question whether the Constitution requires a show-cause notice to allege a contravention by members of the Constitution in CC 137 of 2025 in the affirmative. This answer is equally applicable to the applicants in CC 154 of 2025.

2. The Tribunal must now determine whether the show-cause notice given to the applicant on 19 December 2024:

   1.Was given at least 28 days before the EXCO meeting at which the proposal would be considered, as required by r 8.2(b); and

   2.Whether, as required by r 8.2(c) it stated:

   i.when and where the meeting is to be held;

   ii.the grounds on which the proposed expulsion is based; and

   iii.that the member or the member's representative may attend the meeting and be given a reasonable opportunity to make written or oral (or both) submissions to the EXCO about their proposed expulsion.

3. It is not in dispute and the Tribunal finds that the show-cause notice complied with the requirements set out in r 8.2(c)i.  The parties are, however, in dispute as to whether the show-cause notices complied with r 8.2(c)ii & r 8.2(c)iii.

4. The Tribunal has previously answered the question whether the only grounds on which a member may be expelled from the Association are grounds which assert the member has contravened any of the rules of the Association, or, if the member acts detrimentally to the interests of the Association, in the affirmative.  This answer is equally applicable to the applicant in CC 154 of 2025.

5. The applicant asserts that the grounds set out in the show-cause notices issued to the applicant by the Secretary on 19 December 2024 are not grounds that allege a contravention of the Constitution and nor does it allege the member has acted detrimentally to the interests of the Association.

6. As set out above, the show-cause notice given to the applicant on 19  December 2024 requires the applicant to give evidence to the EXCO that he did not contravene the rules of the Association without (except in relation to the applicants' election as Secretary of the ANSSACC WA) stating which rules it was concerned with, and, that he was required to give evidence to show that he had acted in the best interests of the Association.  That is, the show-cause notice reversed the requirement on the Association under r 8.2(a).

7. With respect to the applicant's election as Secretary of the ANSSACC WA, it is alleged that this election contraventions r 5(a), r 5(e), r 6(k), r 10.2.3(f), r 16(a), r 16(d) and r 17.3(d).

8. Rule 5 states the objects of SAWA.  Rule 5(a) is that SAWA is '[t]o serve as a vehicle for the promotion and advancement of the aspirations of the Sikh community'.  Rule 5(e) states SAWA is '[t]o provide and/or organise recreational, sporting and social activities for the Sikh community, including in cooperation with other bodies sharing similar objectives'.  As these rules relate to the objects of the Association the Tribunal finds that it is not possible for an individual member to contravene these rules.

9. Rule 6 sets out the powers and discretions conferred on SAWA.  Rule 6(k) gives SAWA the power '[t]o organise and/or participate in activities and projects in a joint venture or otherwise with other bodies sharing similar ideals and objectives'.   As this rule relates to the powers of the Association, the Tribunal finds that it is not possible for an individual member to contravene this rule.

10. Rule 10.2.3(f) requires an EXCO member to declare a direct or indirect pecuniary interest in a 'contract/matter or proposed contract/matter to be decided by the EXCO' and then provides for a process to determine whether the EXCO member should be permitted to take part in any deliberations or decision with respect to the contract or matter.  While the Tribunal finds that it could be open to a member of the EXCO to be in contravention of this rule, it is not alleged that the applicant was a member of the EXCO at the relevant time.  Accordingly, as the applicant was not a member of the EXCO at the relevant time it is not possible for him to have been in contravention of r 10.2.3(f).

11. Rule 16(a) provides that '[a]ll committees and project teams of SAWA setup by the EXCO shall be valid only for the term of that particular EXCO'.  While the Tribunal finds that while it would be open to a member of a SAWA committee or project team to be in contravention of this rule, it is not alleged that the applicant was a member a SAWA committee or project team at the relevant time.  Accordingly, if the applicant was not a member of a SAWA committee or project team at the relevant time it is not possible for him to have been in contravention of r 16(a).

12. Rule 16(d) provides all project teams shall 'report to EXCO and shall operate in accordance with the mandated terms and conditions and the direction of the EXCO'.  While the Tribunal finds that while it would be open to a member of a SAWA project team to be in contravention of this rule, it is not alleged that the applicant was a member a SAWA project team at the relevant time.  Accordingly, if the applicant was not a member of a SAWA project team at the relevant time it is not possible for him to have been in contravention of r 16(d).

13. Rule 17.3(d) requires outgoing members of the EXCO and any committee or project team to transfer all 'relevant Books, Records, Keys' and other such items to the new EXCO or committee or project team within 14 days of ceasing to be part of the EXCO or committee or project team.  While the Tribunal finds that it could be open to a member of the EXCO or committee or project team to be in contravention of this rule, it is not alleged that the applicant was a member of the EXCO or committee or project team at the relevant time.  Accordingly, if the applicant was not a member of a the EXCO or committee or project team at the relevant time it is not possible for him to have been in contravention of r 17.3(d).

14. For the reason that the show-cause notice given to the applicant on 19  December 2024 does not allege the applicant has contravened any specific rules of the Association, or, that he has acted in some specific way detrimentally to the interests of the Association, it is invalid.

15. The Tribunal will therefore answer this question by finding that as r 8.2(c)ii requires the show-cause notice to allege a contravention by a member of the Constitution and that as the notice did not comply with this requirement, that it is invalid.

Was the expulsion notice given to the member given within the time required under the Constitution, and if it was not given within the time required, whether the expulsion notice is invalid?

1. Rule 8.2(f) states that the EXCO 'must' give the member written notice of a decision to expel a member to the member 'within 7 days after' the meeting at which the decision is made.  It is not in dispute and the Tribunal finds that the EXCO made the decision to expel the applicant on 8 March 2025 and that written notice of the decision to expel the applicant was given to him by email on 13 March 2025.

2. The consequence of these findings is that the notice given to the applicant under r 8.2(f) was given 'within 7 days after' the meeting at which the decision was made.  However, because a valid decision to expel the applicant requires him to have been given a valid show-cause notice, the decision to expel him was therefore an invalid decision.

Conclusion in CC 154 of 2025

1. The consequence of the Tribunal's findings in CC 154 of 2025 is that the applicant was not expelled from the Association under the procedure provided for in the Constitution and that he remains a life member of the Association.

2. To give effect to these findings the Tribunal will make the following orders under s 182(3) of the AI Act:

   1.An order that the expulsion of the applicant is rescinded.

   2.A declaration that the applicant has not been lawfully expelled as a member of SAWA in accordance with the Constitution.

   3.A declaration that the applicant remains a member of SAWA.

Orders

CC 137 of 2025

Under s 182(3) of the Associations Incorporation Act 2015 (WA) the Tribunal makes:

1.An order that the expulsion of the First Applicant, the Second Applicant, the Third Applicant, the Fourth Applicant, the Fifth Applicant, the Sixth Applicant, the Seventh Applicant and the Eighth Applicant is rescinded.

2.A declaration that the First Applicant, the Second Applicant, the Third Applicant, the Fourth Applicant, the Fifth Applicant, the Sixth Applicant, the Seventh Applicant and the Eighth Applicant has not been lawfully expelled as a member of the Sikh Association of Western Australia in accordance with the Constitution.

3.A declaration that the First Applicant, the Second Applicant, the Third Applicant, the Fourth Applicant, the Fifth Applicant, the Sixth Applicant, the Seventh Applicant and the Eighth Applicant remains a member of the Sikh Association of Western Australia.

CC 138 of 2025

Under s 182(3) of the Associations Incorporation Act 2015 (WA) the Tribunal makes:

1.An order that the expulsion of First Applicant, the Second Applicant, the Third Applicant and the Fourth Applicant is rescinded.

2.A declaration that First Applicant, the Second Applicant, the Third Applicant and the Fourth Applicant has not been lawfully expelled as a member of the Sikh Association of Western Australia in accordance with the Constitution.

3.A declaration that the First Applicant, the Second Applicant, the Third Applicant and the Fourth Applicant remains a member of the Sikh Association of Western Australia.

CC 139 of 2025

Under s 182(3) of the Associations Incorporation Act 2015 (WA) the Tribunal makes:

1.An order that the expulsion of the applicant is rescinded.

2.A declaration that the applicant has not been lawfully expelled as a member of the Sikh Association of Western Australia in accordance with the Constitution.

3.A declaration that the applicant remains a member of the Sikh Association of Western Australia.

CC 154 of 2025

Under s 182(3) of the Associations Incorporation Act 2015 (WA) the Tribunal makes:

1.An order that the expulsion of the applicant is rescinded.

2.A declaration that the applicant has not been lawfully expelled as a member of the Sikh Association of Western Australia in accordance with the Constitution.

3.A declaration that the applicant remains a member of the Sikh Association of Western Australia.

I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal.

MR E Cade, MEMBER

11 NOVEMBER 2025