Morris v Victorian Farmers Federation

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

JUDICIAL REVIEW AND APPEALS LIST

S ECI 2022 01172

IAN MORRIS	Plaintiff
v
VICTORIAN FARMERS FEDERATION	Defendant

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JUDGE:	John Dixon J
WHERE HELD:	Melbourne
DATE OF HEARING:	26-27 May 2022
DATE OF JUDGMENT:	19 July 2022
CASE MAY BE CITED AS:	Morris v Victorian Farmers Federation
MEDIUM NEUTRAL CITATION:	[2022] VSC 407

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ASSOCIATIONS AND CLUBS – Expulsion, suspension and disqualification – Exercise of powers of expulsion under the defendant’s constitution – Inadequate particularisation of impugned conduct – Denial of natural justice.

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Mr P E King, with Ms O Callahan	HWL Ebsworth Lawyers
For the Defendants	Mr A T Broadfoot QC, with Mr L J S Molesworth	Gadens

HIS HONOUR:

Introduction

1. The plaintiff, Ian Morris, challenged the decision of the defendant, the Victorian Farmers Federation (‘VFF’), to terminate his membership. For the reasons that follow, I declare that the defendant’s decision and resolution of 1 April 2022 terminating the plaintiff’s membership is invalid and of no force and effect.

1. The VFF is an Australian public company, incorporated under the Corporations Act 2001 (Cth), and limited by guarantee. It is neither a public body, nor established pursuant to statute, and does not exercise governmental power. As a private member organisation, it promotes the interests of farmers. Various commodity groups operate under its auspices that are dedicated to issues affecting the interests of a particular form of primary production or products. This includes United Dairyfarmers Victoria (‘UDV’), of which Mr Morris is a member.

1. The core question is whether the VFF validly exercised its power to terminate Mr Morris’s membership under cl 4.8 of the VFF Constitution (‘Constitution’). This clause provides, in relevant part:

4.8.1The membership of a Member will be terminated and the Member’s name removed from the register of Members at the sole discretion of the Board if the Member:

(a)acted contrary to, or in disregard of the Constitution of the Federation;

(b)acts in any manner prejudicial or detrimental to the interests of The Federation;

(c)fails to pay the prescribed subscription and/or levy within 120 days of the date shown on the renewal notice; or

(d)on the grounds prescribed and published from time to time by the Board.

4.8.2The Member shall receive not less than thirty (30) days notice of the proposal for his or her removal from membership and what is alleged against that person and shall have the opportunity to appear before the Board to render the Member’s personal explanation or have delivered to the Board an explanation in writing.           

1. At the heart of the plaintiff’s case was the complaint that the VFF’s decision, taken by a domestic tribunal in the form of the board, was invalidated by procedural unfairness. The pleadings only raised narrow issues.

Preliminary rulings

1. At trial, Mr Morris sought to lead evidence and make submissions relevant to unpleaded points, substantively directed towards merits review. In all,…