Tattersall’s Club to accept female members after Supreme Court decision

The Supreme Court has handed down its ruling on a controversial vote to allow female members into Brisbane’s Tattersall’s Club after members challenged the outcome of the poll, saying it was invalid.

WOMEN will be allowed to join the Tattersalls Club, after a Supreme Court judge confirmed a controversial vote allowing it was valid.

Justice Glenn Martin today dismissed an application by Tattersalls member Paul Damian Hogan against Tattersalls CEO David Bark and president Stuart Fraser.

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In December last year women were granted the right to join the exclusive club by just 37 votes.

Mr Hogan challenged the ballot on the ground that the procedure followed by the club was not “substantially consistent” with the rules for voting.

Justice Martin today found the ballot complied with the rules of the club and dismissed the application to have the vote deemed invalid.

He first found there were no grounds for the court to interfere in the internal affairs of the club, an unincorporated association.

A High Court decision held that, except in certain circumstances, a member who complained about a breach of rules could not maintain an action based on that complaint.

The judge did not accept Mr Hogan’s argument that there was a public interest in the enforcement of club rules.

The Tattersall's Club in Brisbane will now accept female members.

Justice Martin found the court should not intervene and therefore the application should be dismissed.

The rules required that the ballot be conducted in a way that was substantially consistent with the rules for elections, the court heard.

Justice Martin said the only difference in the Tattersalls vote was that instead of the voting envelope being provided with the member’s club number already printed on it, the member was asked to write it on himself.

The judge found that the requirement to write his number on the envelope served the same purpose as having the number pre-printed on the envelope to identify members entitled to vote.

President of Tattersall's Club, Stuart Fraser, leaving the Supreme Court. Picture: Tara Croser.

Justice Martin found the practical effect was the same and, when considered in the light of other rules concerning voting, amounted to substantial compliance.

Outside court after the decision, Mr Hogan said it was “very disappointing”.

Club members were asked to vote on a motion which would alter club rules so that membership would be open to women, for the first time in the club’s 150-year history.

The vote was 1405 in favour, 1368 against and 242 invalid.