> > Quoting Lev Lafayette ([email protected]): > > > > Unincorporated associations can own property. (Provably. I've already > > > covered this.) > > > > Not here they can't. > > So, I sell a biscuit to you and Russell Coker for AUS$1, naming you > co-owners as the Melbourne Twins. There are witnesses to my sale. > It is formalised, in fact, by a written contract, as biscuit sales are > no light matter. > > A year later, I haul you into court seeking recovery of my (now rather > stale) biscuit, asserting that I am still the owner of said > carbohydrates because the Melbourne Twins are not a legally valid > purchaser. You're saying I would prevail? > > > Anyway, no, you are mistaken, and I've just looked up caselaw on the > matter. What _is_ true, both in Australia and (to my knowledge) every > other jurisdiction based on English common law, an unincorporated > association is not a juristic entity, and is treated as the aggregate of > all its members at any given time. However, in no way does it follow > that they cannot own property. They can and do all the time. Watson v > J & AG Johnson Limited (1936) 55 CLR 63 is one case you will want to > read, which among other things affirmed and described the ownership of > Loxton Club, Loxton, SA. >
Lev/Rick - please consult a lawyer. It seems that one of you is giving bad/wrong legal information and advice... I don't know which one as I'm not a lawyer. James _______________________________________________ luv-main mailing list [email protected] http://lists.luv.asn.au/listinfo/luv-main
