Faamate v Congregational Christian Church in Samoa-Australia (Ipswich Congregation) ABN 90 103 392 182

The Faamate case involves a dispute among members of the Congregational Christian Church in Samoa-Australia (Ipswich Congregation) seeking the winding up of their church on the grounds that it was not being managed justly and equitably. The applicants, who are members of the church, brought the application against the church and its management committee, seeking the winding up of the church, which is a solvent and ongoing charitable organisation. The applicants argued that the church's constitution was improperly amended and that certain appointments to the management committee were invalid. The respondents, including the church and its management committee, opposed the application and argued that the applicants did not have standing to bring the application, that the church was being managed justly and equitably, and that the purported amendment to the constitution was valid. The court had to determine whether the applicants had standing to bring the application, whether the church was being managed justly and equitably, and whether the purported amendment to the church's constitution was valid.

The court found that the applicants had standing to bring the application as they were members of the church and had a sufficient interest in the proceedings. The court also found that the purported amendment to the church's constitution was invalid as it was not made in accordance with the procedures set out in the constitution. The court held that any appointment to the management committee that was not in compliance with the constitution was also invalid. However, the court found that the church was being managed justly and equitably and that there were no grounds for winding up the church. The court dismissed the application for winding up and ordered that the parties provide a draft order giving effect to the reasons for judgment within fourteen days. The question of costs was adjourned to a later date.

This case highlights the importance of following proper procedures when making amendments to a constitution and appointing members to a management committee. It also underscores the court's reluctance to wind up a solvent and ongoing charitable organisation unless there are compelling reasons to do so. The case serves as a reminder to organisations to ensure that their internal governance procedures are followed and that decisions are made in accordance with the organisation's constitution.