Club's fight to suspend golfer who 'swore' goes all way to Supreme Court
A recent decision in the Supreme Court of Queensland concerning the suspension of a lady’s golf club membership has highlighted your legal rights, as a member of an incorporated association – your local surf club, social club or RSL club.
Mrs Bernice Petersen had been a member of Proserpine Golf Club since 1965, and a life member since 2008, before her membership was terminated in 2015 because of reports that she "acted aggressively and swore at other players" during an event.
If you are in dispute with your local club over any issue, the first thing to do is get a copy of the club’s constitution and understand the rules.
This is important because the law says the rules of a club create a contract between members and the club and members are bound by the rules of the club.
You will find that most club rules dictate certain types of expected behaviours from their members. For example, members must comply with the rules of golf and golf etiquette at all times, or members must not use obscene or offensive language.
Each club’s constitution should also outline grounds for when a membership will be suspended or terminated, the decision-making process leading up to any termination and any appeal rights.
The law also requires that the club abide by the rules of "natural justice" in making decisions that impact the rights of members. This means:
Mrs Petersen fought the suspension all the way to the Supreme Court and, thankfully for her, the court overruled the suspended membership because the golf club did not follow the steps above.
Alison and Jillian Barrett are both principals at Maurice Blackburn Lawyers. The Queensland sisters are experienced lawyers and passionate social justice campaigners. Alison juggles motherhood, as well as heading up a major legal practice area. Younger sister Jillian also leads a team of lawyers and sports a double degree in Law and Journalism.