Macedonian Orthodox Community Church St. Petka Incorporated v His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand

The High Court of Australia considered a dispute between the Macedonian Orthodox Community Church St. Petka Incorporated and His Eminence Petar, the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand. The core of the disagreement concerned the ownership and control of church property, specifically the land and buildings of the St. Petka church in Sydney. The Incorporated Church asserted its ownership, while the Bishop claimed the property belonged to the Diocese.

The central legal question before the High Court was whether the Incorporated Church held the property on trust for the Macedonian Orthodox Church (the "Mother Church") or whether it was the beneficial owner of the property. This involved determining the nature of the relationship between the Incorporated Church, the Diocese, and the Mother Church, and the effect of certain trust deeds and church statutes on property ownership. The court also had to consider the application of the rule against perpetuities to the trust provisions.

The High Court, by majority, held that the Incorporated Church held the property on trust for the Mother Church. The majority reasoned that the trust deeds, when read in conjunction with the church's statutes, established a clear intention to create a charitable trust for the benefit of the Macedonian Orthodox Church worldwide, with the Incorporated Church acting as a trustee. The court found that the rule against perpetuities did not invalidate these trusts, as they were charitable trusts which are exempt from the rule. The dissenting judges, however, took a different view on the interpretation of the trust deeds and statutes.

The High Court ultimately allowed the appeal, setting aside the orders of the Full Federal Court and remitting the matter to the Federal Court for further orders consistent with the High Court's judgment.