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Handling disputes and conflicts

Understanding the law involved will help your organisation have the best outcome.

Content last updated 15/10/2026

Disputes involving members

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Disputes involving members in incorporated associations

All not-for-profit community organisations deal with conflict from time to time. Healthy debate can be useful, but disputes can become a problem when they disrupt your organisation or prevent it from achieving its purposes.

Disputes involving members of an incorporated association can take different forms. For example, there may be:

  • a dispute between members, or between a member and the association
  • concerns about a member’s conduct
  • concerns about the conduct of a committee or board member, or
  • disagreement about how the association is being managed

Different rules and procedures may apply depending on the type of issue and the state or territory where your association is incorporated.

What our fact sheets cover

Our fact sheets explain the laws and processes that apply to disputes involving members of incorporated associations.

They cover: 

  • identifying the type of dispute and which process may apply
  • dispute resolution procedures
  • mediation, arbitration and other dispute resolution options
  • disciplining or removing a member
  • removing a committee member from the committee
  • procedural fairness
  • general meetings
  • the role of the incorporated associations regulator
  • when to seek legal advice
  • court or tribunal action and other options if a dispute cannot be resolved

The requirements differ between states and territories. 

Select the state or territory where your association is incorporated and download the fact sheet:


Common questions about disputes involving members

How do we resolve a dispute with a member?

Start by checking your organisation’s rules or constitution. The rules or constitution may set out a dispute resolution procedure that you must follow. Depending on the circumstances and the law that applies, informal discussion, mediation, arbitration or another process may help resolve the dispute.

See the fact sheet for the state or territory where your association is incorporated.

Can we expel a member?

Possibly. Whether an incorporated association can expel a member, and the process it must follow, depends on the applicable law and the association’s rules or constitution.

Check the rules carefully and give the member procedural fairness before taking disciplinary action.

See the fact sheet for the state or territory where your association is incorporated.

What does our constitution say about disputes?

Your organisation’s rules or constitution may set out procedures for resolving disputes, disciplining members and dealing with committee members. Check the current version carefully, as any applicable procedure must generally be followed.

Legal requirements differ between states and territories. See the fact sheet for the state or territory where your association is incorporated.

Can members take the organisation to court?

In some circumstances, yes. The court or tribunal that can deal with an internal dispute, the orders it can make and the process that applies depend on the state or territory and the nature of the dispute.

Court action can be costly and may worsen conflict, so it should generally be a last resort. Seek legal advice before starting or responding to legal proceedings.

See the fact sheet for the state or territory where your association is incorporated.


More information

For information about other types of disputes and ways to manage conflict, see our resources on:


The content on this webpage was last updated in October 2026 and is not legal advice. See full disclaimer and copyright notice.


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