Hi there. Clubs and associations generally exist as unincorporated bodies bound by a set of rules or bylaws. Unless a club has been incorporated, it does exist as a separate legal entity. This can make it difficult to determine in who’s name the club’s property (such as bank accounts) should be held. Ordinarily the officers or executive committee of the club hold the property in their own names and transfer it the next officeholders on their departure.

If a club member has purchased property for the club in their personal capacity, the law will generally recognise that person as being entitled to keep the property (and any keys used to access it), subject to any agreement between club members or club bylaws about transferring ownership in certain circumstances. You should review the club bylaws to check if there are any rules about transferring or surrendering club property when a person leaves the club.

If the member is breaching the club rules by refusing to return club property or keys to club property, you may be able to take legal action against them to enforce the rules, but it will be cheaper and quicker to try to negotiate a resolution with the member directly. If you are unable to negotiate an outcome, you may want to consider using a free mediation service available at your local Community Justice Centre (www.cjc.justice.nsw.gov.au). If this is unsuccessful, your next option would be to take formal legal action against the member.

Suggested way forward

Formal legal proceedings can be expensive and time consuming. For this reason, you should try to resolve your legal issue via other means. If you want legal advice on your club’s rights and the best course of action, you should speak to a lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.