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Management

Although there is no set management structure that must be adhered to, unincorporated non-profit associations are usually administered by a committee comprising certain members of the association.  Where a committee is formed, it is the committee members who are often personally responsible for debts incurred[1] and torts which are committed in the name of the association (see Bradley Egg Farm v Clifford [1943] 2 All ER 378) and they may have no right to discretionary benefits scheme from the general body of members.

Committee members are liable simply by virtue of the fact that they are members of the committee, and it does not matter that a particular committee member was not present at the time the committee resolved to undertake a course of activity.  In Ward v Eltherington [1982] Qd R 561 an association wished to build a clubhouse and entered an agreement with a firm of engineers for the firm to produce the necessary drawings and plans. The firm was not paid, and sued for its fees. One question was who on the committee was liable, as some of the committee mem­bers were absent from the relevant meeting. The court concluded that it was liabil­ity s — it did not matter who was present or absent at the meeting

See Liability of the Committee of Unincorporated Non-profit Associations (1979) Uni Qld LJ 11 (1).

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