Victorian Current Acts Victorian Current Acts(1) The Supreme Court may order the winding up of an incorporated association if—
(a) the association has by special resolution resolved that it be wound up by the court; or
(b) the association suspends its operations for a whole year; or
(c) the association is unable to pay its debts; or
(d) the association has secured pecuniary profit for its members; or
(e) the association has, as trustee, secured pecuniary profit for its members; or
Note
For circumstances under which, for the purposes of this Act, an incorporated association is taken not to have secured pecuniary profit for its members, see section 4.
(f) the association has engaged in activities outside the scope of its purposes; or
(g) the court is of the opinion that it is just and equitable that the association be wound up.
(2) An application for the winding up of an incorporated association must be made by—
(a) the association; or
(b) a member of the association; or
(c) a creditor of the association; or
(d) the Registrar; or
(e) the statutory manager of the association.
Note
Under sections 150 and 151, the winding up of an incorporated association by the court is declared to be an applied Corporations legislation matter in relation to the provisions of Part 5.4 (Winding up in insolvency); Part 5.4B (Winding up in insolvency or by the court) and Part 5.6 (Winding up generally) of the Corporations Act. As such, the winding up of an incorporated association by the court is subject to any requirements under those provisions.