Acts and Regulations

Rule-9 - UNINCORPORATED ASSOCIATIONS

Table of contents
Full text
Current to 1 January 2024
PARTIES AND JOINDER
RULE 9
UNINCORPORATED ASSOCIATIONS
9.01Definition
For the purpose of this rule, association means an unincorporated organization of two or more persons, other than a partnership, operating under the name of the association for a common purpose or undertaking and includes
(a) a club, society, fraternity or syndicate,
(b) a trade union, council of trade unions or employers’ organization as defined in the Industrial Relations Act, and
(c) an employee organization as defined in the Public Service Labour Relations Act.
9.02Proceeding by or Against an Association
A proceeding may be brought by or against an association in the name of the association, whether or not it possesses a trust fund.
9.03Effect of Judgment Against an Association
(1)A judgment against an association may be enforced against the property of the association, including property held in trust for the association.
(2)A member of an association is not personally liable for the payment of money under a judgment against the association unless he is a party to the proceeding and has been held to be personally liable for all or part of that judgment.
(3)By leave of the court, an injunction or mandatory order against an association may be enforced against any officer or member of the association.