ABSTRACT
The rules on unincorporated associations: • two or more people joined for ‘common purposes … each having mutual duties …
in an organisation [with] rules which identify in whom control of it and its funds’ (Conservative and Unionist Central Offi ce v Burrell)
• question of what happens to gifts to such associations decided in Neville Estates v Madden – gift is to existing members … subject to their respective contractual rights and liabilities towards one another
• but gift fails if rules offend perpetuity period or rules prevent members from ending association and dividing fund (Re Lipinski’s Will Trusts)
• so each member has contractual obligations to prevent misapplication of gift – and committee members are also bound by rules which may be enforced against them
• alternative is that gift is purely for members but diffi culty is that members must be ascertainable (Re Denley’s Trust Deed)
• distribution originally based on resulting trust (Re Printers’ and Transferrers’ Amalgamated Trades Protection Society) but now on contract basis above (Re The Sick and Funeral Society of St John’s Sunday School Golcan).
