Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Every dispute
between a member of a registered society, or any person aggrieved who has for
not more than 6 months ceased to be a member of a registered society, or
any person claiming through such member or person aggrieved, or claiming under
the rules of a registered society, and the society or an officer thereof,
shall be decided in manner directed by the rules of the society, if they
contain any such direction, and the decision so made shall be binding and
conclusive on all parties without appeal, and shall not be removable into any
court of law or restrainable by injunction; and application for the
enforcement thereof may be made to the Magistrates Court.
(2) The parties to a
dispute in a society may, by consent (unless the rules of such society
expressly forbid it), refer such dispute to the Registrar, who shall, with the
consent of the Minister, hear and determine such dispute, and shall have power
to order the expenses of determining the same to be paid either out of the
funds of the society or by such parties to the dispute as he thinks fit, and
such determination and order shall have the same effect and be enforceable in
like manner as a decision made in the manner directed by the rules of the
society.
(3) The Registrar,
when any dispute is referred to him, may administer oaths, and may require the
attendance of all parties concerned and of witnesses, and the production of
all books and documents relating to the matter in question, and any person
refusing to attend or to produce any documents or to give evidence before such
Registrar shall be guilty of an offence under this Act.
(4) When the rules of
a society direct that disputes shall be referred to Justices of the Peace, the
dispute shall be determined by the Magistrates Court.
(5) When the rules
contain no direction as to disputes or no direction applicable to any
particular dispute, or when no decision is made on a dispute within
40 days after application to the society for a reference under its rules,
the member or person aggrieved may apply to the Magistrates Court, which may
hear and determine the matter in dispute.
(6) The Magistrates
Court or Registrar may, at the request of either party, state a case for the
opinion of the Supreme Court on any question of law, and also may grant to
either party such discovery as to documents and otherwise, or such inspection
of documents as might be granted by the Supreme Court; such discovery to be
made on behalf of the society by such officer of the same as the Court or
Registrar determine.
[Section 35 amended by No. 59 of 2004
s. 141.]