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Constitutions:

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Many associations and sporting clubs have some form of corporate governance in place to help protect the rights of the clubs stakeholders and members and which governance can often assist in the growth and success of the association or club. Broadly speaking, corporate governance is the way in which the association or club is controlled and helps to direct how the resources of the club or association are used to the benefit of members.

Generally speaking, the rules and regulations of a club or association find their basis within the club or association’s Rules. An association or club’s Rules can include the Constitution of the club and any regulations and by-laws that the club or association may have.

Under the Associations Incorporation Act, a club or association in deciding upon the corporate governance of the club may:

  • Adopt the model Rules which can be found on the NSW Fair Trading Website;
  • Adopt the model Rules with changes; or
  • The club can draft its own Rules.

Once a Constitution has been drafted and approved by the membership of the club or association, regulations and by-laws can be developed to help provide further clarity and detail on difference areas of the club’s Constitution. The regulations and by-laws generally can include policies and procedures that support the Constitution in a more detailed form.

Our experienced Sydney Associations Lawyers, Sydney Charities Lawyers and Sydney Sports Lawyers can provide you with advice and assistance if you are looking at drafting a constitution for your club or association. Our sports and association lawyers can assist you in the interpretation of your club or association’s constitution, or help resolve a dispute regarding the Constitution, if one arises. You can meet with one of our sport lawyers or association lawyers by contacting our firm on (02) 9233 4048 or emailing info@navado.com.au. 

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