Mylne v The Returned & Services League of Australia (Qld Branch) Maroochydore Sub Branch In

In the case of Mylne v The Returned & Services League of Australia (Qld Branch) Maroochydore Sub Branch Incorporated, the applicant sought to have it declared that the amalgamation of two incorporated bodies entitled the combined body to nominate a person for the position of chair of the State branch. The respondent sub-branch, which was originally incorporated under the Religious Educational and Charitable Institutions Act 1861 (Qld) and later under the Associations Incorporation Act 1981 (Qld), had amalgamated with another incorporated body. The State branch had a by-law that required the chair to be elected from nominations submitted by sub-branches, which were defined as branches established under a charter from the State branch. The amalgamated body had not been issued a new charter.

The central legal issue the court had to determine was whether the amalgamation of the two incorporated bodies meant that the combined entity could continue to enjoy the benefit of the previously held charter to support a nomination for the chair of the State branch. Another issue was whether the issuance of a charter pursuant to an alleged delegation of power was sufficient to confer standing on the applicant to seek declaratory relief. The court had to assess the standing of the applicant to seek a declaration and decide whether the matter was justiciable.

The court found that the issue of whether the amalgamation meant the combined body could continue to nominate a chair was not justiciable and thus refused the declaratory relief sought. The court held that the applicant did not have standing to seek a declaration because the matter was not justiciable. The applicant's request for declaratory relief was dismissed, and the applicant was ordered to pay all the respondents' costs of and incidental to the application.