| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2021 00274
| MARLENE KAIROUZ | Plaintiff |
| v | |
| THE HONOURABLE STEVE BRACKS AC THE HONOURABLE JENNY MACKLIN (In their capacity as Administrators of the Australian Labor Party Victorian Branch and the persons whose names are set out in the Schedule in their capacity as the National Executive of the Australian Labor Party and the Interim Governance Committee of the Victorian Branch of the Australian Labor Party and as Trustees of Trusts under Rule 21 of the Australian Labor Party Victorian Branch Rules respectively) | Defendants |
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JUDGE: | Ginnane J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 2-4, 8-9 and 17 June 2021 |
DATE OF JUDGMENT: | 19 October 2021 |
CASE MAY BE CITED AS: | Kairouz v Bracks (No 2) |
MEDIUM NEUTRAL CITATION: | [2021] VSC 671 |
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ASSOCIATIONS – Political parties – Australian Labor Party – National Executive – Media allegations of branch stacking – Intervention in Victorian Branch – Administrators appointed – Whether intervention valid – Powers of the National Executive - ALP structure – Relationship between the National Constitution and Branch Rules – Branch Rules – Amendment by Administrators – Whether amendments valid – Disciplinary charges brought in respect of alleged branch stacking – Whether charges valid – Whether issues raised justiciable.
TRUSTS – Whether beneficiaries can bring claim for unlawful interference with the administration of trusts by third party – Whether special circumstances existed.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr J H Karkar QC, Ms M Pilipasidis and Mr N Walter | Cornwalls |
| For the 1st – 11th, 13th and 16th – 26th Defendants | Mr P G Willis SC with Mr A D Lang, Mr J H Kirkwood and Mr G Jegatheesan | Holding Redlich |
| For the 12th, 14th and 15th Defendants | Mr D J Batt QC with Dr A T Hoel | Patrick & Associates |
| For the 28th Defendant | Hope & Co Lawyers |
Table of Contents
Summary
Introduction
The Issues for Decision
Background
Media reports of branch stacking
Events following the media reports
The Administration Resolution
The Rule Amendment Resolution
The Administrators’ actions
The National Executive’s Resolutions of 27 November 2020
The Further Amendment Resolution
Events following the Further Amendment Resolution
Justiciability
Ms Kairouz’s arguments on justiciability
Ms Kairouz’s reliance on her proprietary interest in the trusts as an exception to Cameron v Hogan
The trusts
The trusts created by r 21.1 of the Victorian Branch Rules
The Capital Investment Fund
The Labor Services & Holdings Trust
The Administrators’ actions in changing the LSH shareholders and directors
Ms Kairouz’s submissions about her interests in the Victorian Branch trusts
The defendants’ submissions about Ms Kairouz’s interests in the Victorian Branch trusts
Joinder of the trustees
Can Ms Kairouz bring a claim for breach of trust?
Analysis of Ms Kairouz’s right to bring the trust claim
Analysis of the trusts exception submissions as a ground of justiciability
Has Ms Kairouz established her trust claim?
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- AGLC
- Kairouz v Bracks (No 2) [2021] VSC 671
- Case
- [2021] VSC 671
- Decision Date
CaseChat Overview and Summary
In addressing the legal issues, the court considered the principles of trust law and whether they permitted a claim by beneficiaries against a third party. The court found that generally, beneficiaries do not have standing to bring such a claim unless there are special circumstances. The court assessed whether the special circumstances test was met in this case, which involves a consideration of factors such as the nature of the interference and the relationship between the parties. Ultimately, the court held that the beneficiaries did not meet the threshold for special circumstances, thereby dismissing their claim against the third party.
The court's reasoning was based on the established principles of trust law and the specific facts of the case. It concluded that the interference by the third party did not meet the stringent criteria required for special circumstances to be recognised. As a result, the beneficiaries' claim was unsuccessful. The final orders of the court reflected this decision, dismissing the claim brought by the beneficiaries against the third party.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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