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 Macedonian Orthodox Community Church St Petka Incorporated (the Church) and His Eminence Petar the Diocesan Bishop Of the Macedonian Orthodox Diocese Of Australia And New Zealand (the Bishop) were parties to proceedings in the High Court of Australia concerning the ownership and control of church property. The dispute arose from a schism within the Macedonian Orthodox Church in Australia, leading to competing claims over the assets of the Church.

The High Court was required to determine whether the Bishop, acting on behalf of the Macedonian Orthodox Church, had the power to unilaterally alter the constitution of the Church and, in doing so, divest the Church of its property. Central to this was the question of whether the Bishop's actions were validly undertaken according to the Church's own laws and, if not, what the legal consequences would be for the ownership of the property. The Court also considered the nature of the relationship between the Church and the wider Macedonian Orthodox Church, and the extent to which the Bishop could exercise authority over the incorporated entity.

Kiefel and Gageler JJ held that the Bishop's purported alteration of the Church's constitution was invalid. Their Honours reasoned that the Bishop lacked the authority to unilaterally amend the constitution of the incorporated Church, which was a separate legal entity. The Court applied principles of corporate law, emphasizing that an incorporated body's constitution, once registered, can only be altered in accordance with its own rules and the relevant legislation. The Bishop's actions were found to be in breach of these requirements, and therefore, the property remained vested in the Church.

The High Court ordered that the appeal be dismissed, upholding the decision of the lower court which found in favour of the Church.