New South Wales Women's Aboriginal Corporation (in liquidation) v Commissioner of Dormant Funds

In the case of New South Wales Women's Aboriginal Corporation (in liquidation) v Commissioner of Dormant Funds, the dispute involved the characterisation of certain funds held by the Liquidator of the New South Wales Women's Aboriginal Corporation. The case was heard in the Supreme Court of New South Wales. The central issue was whether the trust funds held by the Liquidator constituted a dormant fund as defined by the Dormant Accounts Act 1996 (NSW).

The court had to determine whether the funds held by the Liquidator of the New South Wales Women's Aboriginal Corporation were dormant under the Act, and whether the Liquidator was required to transfer the funds to the Commissioner of Dormant Funds. The case hinged on the interpretation of the term "dormant fund" and the circumstances under which a fund could be considered dormant. The Liquidator argued that the funds were not dormant because they were subject to ongoing charitable purposes.

The court found that the funds in question were not dormant as they were held for the purpose of carrying on the charitable activities of the New South Wales Women's Aboriginal Corporation. The court held that the funds were not dormant because they were subject to ongoing charitable purposes and were not held for the benefit of identifiable beneficiaries who were unable to be located or had no claim to the fund. The court determined that the funds were not subject to the Dormant Accounts Act and that the Liquidator was not required to transfer the funds to the Commissioner of Dormant Funds.

The court's decision clarified the scope of the Dormant Accounts Act and the circumstances in which funds may be considered dormant. The court held that the funds held by the Liquidator were not dormant and that the Liquidator was not required to transfer the funds to the Commissioner of Dormant Funds.