Bishop & Clergy Disputes:

Disputes between bishops or religious superiors, and clergy or other ministers is an increasing occurrence as new religions are formed and existing churches are expanding or otherwise undergoing structural and internal change. While bishops and other superiors often exert authority under church laws (known as “canons”), priests and other clergy or religious ministers also have rights under canons and laws of NSW, and in some instances, there may be inconsistencies between the two sources of law.

Some of the common types of disputes that arise include confusion about:

• Who has the authority to enter into Contracts for the sale or purchase of land on behalf of the Church or religious body;
• Who has the authority to enter into other Contracts on behalf of the Church or religious body, for example Lease Agreements or building contracts;
• Who has the authority to exercise ownership and/or control over trusts and monies received for a religious purpose?
• How are donations and bequests received under a Will to be received and applied?
• Whether authority is required by a member of the clergy to undertake actions designed to exclusively benefit their parish?
• The process for obtaining funding for use by a member of the clergy or other ministers for their parish;
• What parish events or activities require notifications and/or consent from bishops or senior clergy members.

Some of these disputes may also require a consideration of other areas of law including Property Law, Charity & Not-for-Profit Organisation Law, Contract Law and Trusts Law. Navado operates as a general practice firm which allows you to obtain exceptional comprehensive legal advice and services across these multiple practice areas, in addition to other practice areas.

If you wish to speak to one of our Religious Law & Advice Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.