Restore Ownership of the Serbian Cultural Club (Hoxton Park) to Australian Serbs


Restore Ownership of the Serbian Cultural Club (Hoxton Park) to Australian Serbs
The issue
The Serbian Cultural Club in Hoxton Park holds a special place in the hearts of many Serbians in Australia. This club was built by the hard work and dedication of Serbian migrants after the Second World War. These Australian Serbs built more than a structure; they built a home away from home, a refuge that housed our rich heritage, culture, and community spirit.
However, the ownership and management of this beloved club have drifted away from the Serbian community.
A certain individual and (and potentially individuals) has incurred an enormous amount of debt in the name of the Serbian Cultural Club in Hoxton Park. Now, there is a real chance the Australian Serbian community may lose this cub.
We want this debt to apply to this individual, and not the Serbian Cultural Club in Hoxton Park,
We call on the NSW Attorney General, Michael John Daley MP and the Minister for Better Regulation and Fair Trading, Anoulack Chanthivong MP, to enforce the Associations Incorporation Act 2009 NSW under Division 4 (Offences relating to incurring debts of fraudulent control), namely:
68 Incurring of debts in respect of association to which this Division applies
(1) If an association incurs a debt and—(a) immediately before the debt is incurred—(i) there are reasonable grounds for believing that the association is or will become insolvent, or
(ii) there are reasonable grounds to expect that, if the association incurs the debt, the association will become insolvent, and
(b) the association is or becomes an association to which this Division applies,
any person who was a committee member of the association at the time the debt was incurred is guilty of an offence.Maximum penalty—50 penalty units or imprisonment for 1 year, or both.
(2) The association and any person who was a committee member of the association at the time the debt was incurred are jointly and severally liable for the payment of the debt.
(3) In any proceedings against a person under subsection (1), it is a defence if the defendant proves—(a) that the debt was incurred without the defendant’s express or implied authority or consent, or
(b) that, at the time the debt was incurred, the defendant did not have reasonable grounds—(i) to believe that the association was insolvent, or
(ii) to expect that, if the association incurred that debt, it would become insolvent.
(4) If subsection (2) renders a person or persons liable to pay a debt incurred by an association, the payment by that person or either or any of those persons of the whole or any part of the debt does not render the association liable to the person or persons concerned in respect of the amount so paid.
69 Fraudulent conduct in respect of association to which this Division applies
If—(a) an association does any act (including the entering into of a contract or transaction) with intent to defraud any person or for any other fraudulent purpose, and
(b) the association is or becomes an association to which this Division applies,
any person who was knowingly concerned in the doing of the act with that intent or for that purpose is guilty of an offence.Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
The Serbian Council of Australia (SCOFA) calls upon the collective strength of the Australian Serbian community to rally and reclaim what is rightfully ours. The club belongs to Australian Serbs - not to one individual!
The Serbian community in Australia is a large community, with over 100,000 people of Serbian birth and descent living in Australia. Having a cultural establishment like the Serbian Cultural Club is significant not only in preserving our traditions and culture, but also in maintaining a sense of community in Australia. Thousands of weddings, christenings, zabave, concerts and more were held at this club. Why should we lose this to one individual?
Let's reestablish the Serbian Cultural Club as a hub for all Serbian Australians, a testament to our culture, resilience, and unity.
The Serbian Council of Australia is asking for your help. Join us, as we stand together to reclaim the Serbian Cultural Club in Hoxton Park. Sign our petition and add your voice to the many seeking to restore this cherished part of our history and identity in Australia.
961
The issue
The Serbian Cultural Club in Hoxton Park holds a special place in the hearts of many Serbians in Australia. This club was built by the hard work and dedication of Serbian migrants after the Second World War. These Australian Serbs built more than a structure; they built a home away from home, a refuge that housed our rich heritage, culture, and community spirit.
However, the ownership and management of this beloved club have drifted away from the Serbian community.
A certain individual and (and potentially individuals) has incurred an enormous amount of debt in the name of the Serbian Cultural Club in Hoxton Park. Now, there is a real chance the Australian Serbian community may lose this cub.
We want this debt to apply to this individual, and not the Serbian Cultural Club in Hoxton Park,
We call on the NSW Attorney General, Michael John Daley MP and the Minister for Better Regulation and Fair Trading, Anoulack Chanthivong MP, to enforce the Associations Incorporation Act 2009 NSW under Division 4 (Offences relating to incurring debts of fraudulent control), namely:
68 Incurring of debts in respect of association to which this Division applies
(1) If an association incurs a debt and—(a) immediately before the debt is incurred—(i) there are reasonable grounds for believing that the association is or will become insolvent, or
(ii) there are reasonable grounds to expect that, if the association incurs the debt, the association will become insolvent, and
(b) the association is or becomes an association to which this Division applies,
any person who was a committee member of the association at the time the debt was incurred is guilty of an offence.Maximum penalty—50 penalty units or imprisonment for 1 year, or both.
(2) The association and any person who was a committee member of the association at the time the debt was incurred are jointly and severally liable for the payment of the debt.
(3) In any proceedings against a person under subsection (1), it is a defence if the defendant proves—(a) that the debt was incurred without the defendant’s express or implied authority or consent, or
(b) that, at the time the debt was incurred, the defendant did not have reasonable grounds—(i) to believe that the association was insolvent, or
(ii) to expect that, if the association incurred that debt, it would become insolvent.
(4) If subsection (2) renders a person or persons liable to pay a debt incurred by an association, the payment by that person or either or any of those persons of the whole or any part of the debt does not render the association liable to the person or persons concerned in respect of the amount so paid.
69 Fraudulent conduct in respect of association to which this Division applies
If—(a) an association does any act (including the entering into of a contract or transaction) with intent to defraud any person or for any other fraudulent purpose, and
(b) the association is or becomes an association to which this Division applies,
any person who was knowingly concerned in the doing of the act with that intent or for that purpose is guilty of an offence.Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
The Serbian Council of Australia (SCOFA) calls upon the collective strength of the Australian Serbian community to rally and reclaim what is rightfully ours. The club belongs to Australian Serbs - not to one individual!
The Serbian community in Australia is a large community, with over 100,000 people of Serbian birth and descent living in Australia. Having a cultural establishment like the Serbian Cultural Club is significant not only in preserving our traditions and culture, but also in maintaining a sense of community in Australia. Thousands of weddings, christenings, zabave, concerts and more were held at this club. Why should we lose this to one individual?
Let's reestablish the Serbian Cultural Club as a hub for all Serbian Australians, a testament to our culture, resilience, and unity.
The Serbian Council of Australia is asking for your help. Join us, as we stand together to reclaim the Serbian Cultural Club in Hoxton Park. Sign our petition and add your voice to the many seeking to restore this cherished part of our history and identity in Australia.
961
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Petition created on 18 October 2024