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Thread: ARU set to clear the air on Western Force’s future

  1. #16
    Immortal Contributor jono's Avatar
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    Again - another seemingly large interview with clyne and nothing from pulver...

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    I STILL HAVE FAITH!!!

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    Senior Player andrewM's Avatar
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    Last edited by andrewM; 18-05-17 at 11:33.

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    Veteran Contributor Alison's Avatar
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    But clause 4.1e of the ARU constitution provides that if requested to convene a general meeting by at least two voting members, they must convene that meeting "as soon as reasonably practicable after the request by the Voting Members."

    I'm not a lawyer but my reading of clause 4.1 suggests that the Corps Act 21 day rule doesn't apply in cases where a general meeting has been requested.


    4.1 Convening of general meetings

    (a) The directors may, whenever they think fit, convene a general meeting.
    (b) The directors must convene at least one general meeting during each calendar year called the annual general meeting.
    (c) The directors must, if requested to do so by at least two Voting Members, convene a general meeting.
    (d) A general meeting may be convened only as provided by this rule 4.1 or as provided by the Corporations Act.
    (e) A general meeting convened under rule 4.1(c) must be held as soon as reasonably practicable after the request by the Voting Members.

    (f) The directors may postpone, cancel or change the venue for a general meeting, but:
    (i) a general meeting convened under rule 4.1(c) may not be postponed or cancelled without the consent of the Voting Members who requested the meeting; and
    (ii) a general meeting convened under section 250N of the Corporations Act may not be postponed beyond the date by which section 250N requires it to be held and may not be cancelled without the consent of the requisitioning member or members.

    4.2 Notice of general meetings

    (a) Subject to this Constitution, notice of a general meeting must be given within the time limits prescribed by the Corporations Act and in the manner authorised by rule 15.1 to each person who is at the date of the notice:
    (i) a member;
    (ii) a Delegate;
    (iii) the President, the Senior Vice-President or the Junior Vice-President;
    (iv) a director; or(v) an auditor of the Company.
    (b) A notice of a general meeting must specify the time and place of the meeting and, except as provided in rule 4.2(c), state the general nature of the business to be transacted at the meeting.
    (c) It is not necessary for a notice of an annual general meeting to state that the business to be transacted at the meeting includes the consideration of accounts and the reports of the directors and auditor, the election of directors and the President and Vice-Presidents, the appointment and fixing of the remuneration of the auditor of the Company or any other business which under the Corporations Act ought to be transacted at the annual general meeting.
    (d) A person may waive notice of any general meeting by notice in writing to the Company.
    (e) The non-receipt of notice of a general meeting or proxy form by, or a failure to give notice of a general meeting or a proxy form to, any person entitled to receive notice of a general meeting under this rule 4.2 does not invalidate any act, matter or thing done or resolution passed at the general meeting if:
    (i) the non-receipt or failure occurred by accident or error; or
    (ii) before or after the meeting, the person:
    (A) has waived or waives notice of that meeting under rule 4.2(d); or
    (B) has notified or notifies the Company of the person's agreement to that act, matter, thing or resolution by notice in writing to the Company.
    (f) A person's attendance at a general meeting:
    (i) waives any objection that person has to a failure to give notice, or the giving of a defective notice, of the meeting unless the person at the beginning of the meeting objects to the holding of the meeting; and
    (ii) waives any objection that person has to the consideration of a particular matter at the meeting which is not within the business referred to in the notice of the meeting or in rule 4.2(c), unless the person objects to considering the matter when it is presented.

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    Last edited by Alison; 18-05-17 at 11:40.
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  4. #19
    Player yungfen's Avatar
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    Quote Originally Posted by jono View Post
    Again - another seemingly large interview with clyne and nothing from pulver...
    He is hiding in a corner and counting if he has got enough money before resigning....

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  5. #20
    Immortal GIGS20's Avatar
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    Quote Originally Posted by Alison View Post
    But clause 4.1e of the ARU constitution provides that if requested to convene a general meeting by at least two voting members, they must convene that meeting "as soon as reasonably practicable after the request by the Voting Members."

    I'm not a lawyer but my reading of clause 4.1 suggests that the Corps Act 21 day rule doesn't apply in cases where a general meeting has been requested.
    Corporations Act (2001) 249D(5) The directors must call the meeting within 21 days after the request is given to the company. The meeting is to be held not later than 2 months after the request is given to the company.

    The wording is pretty clear here and whoever tweeted the 21 day thing hasn't read the act, "within 21 days" appears to be the timeframe for CALLING the meeting, ARU have definitely met that standard. the meeting must be held "not later than 2 months after the request is delivered" so 7 days appears to meet that requirement as well.

    Unless there is something in the ARU constitution to expand upon that, those are the limits.

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    C'mon the

  6. #21
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    Quote Originally Posted by GIGS20 View Post
    It would be the death-knell of rugby in any state that loses a franchise. Aussies aren't stupid, if the ARU shits all over your backyard, you aren't going to thank them!
    This is the f*cking point which those clowns in the ARU (both management and board) will not (or cannot) acknowledge.
    If a state based SR franchise is culled, then the ARU will be signalling to the rugby community in that state that they are no longer a part of the Australian rugby community.
    Any mealy mouthed protestations by Clyne, Pulver et al. that this would not be the case are bunkum.

    That's why the stakes in this on-going train wreck are so high for the rugby communities in Victoria, Western Australia and any other state or territory which gets dragged into this saga.

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  7. #22
    Rookie Leo86's Avatar
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    Alison where did you find the constitution?

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  8. #23
    Veteran Contributor Alison's Avatar
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    Quote Originally Posted by Leo86 View Post
    Alison where did you find the constitution?
    I asked Bill Puller and he emailed it to me! Will see if TG can post it up on here

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  9. #24
    Veteran Contributor Alison's Avatar
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    Quote Originally Posted by GIGS20 View Post
    Corporations Act (2001) 249D(5) The directors must call the meeting within 21 days after the request is given to the company. The meeting is to be held not later than 2 months after the request is given to the company.

    The wording is pretty clear here and whoever tweeted the 21 day thing hasn't read the act, "within 21 days" appears to be the timeframe for CALLING the meeting, ARU have definitely met that standard. the meeting must be held "not later than 2 months after the request is delivered" so 7 days appears to meet that requirement as well.

    Unless there is something in the ARU constitution to expand upon that, those are the limits.
    But I think there is something different about a meeting requested by members as opposed to the ARU just calling one of its own accord. My reading of clause 4.1 is that sub-clause 4.1e overrides the standard requirements and therefore the 21 days as required by clause 4.2 does not apply in such cases and the meeting must be "as soon as reasonably practicable".

    We need Fulvio to give us his view!

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  10. #25
    Champion valzc's Avatar
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    Quote Originally Posted by andrewM View Post
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    Haha! I see you've been photo retouching again Andrew!!

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  11. #26
    Legend Contributor blueandblack's Avatar
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    Quote Originally Posted by Alison View Post
    I asked Bill Puller and he emailed it to me! Will see if TG can post it up on here
    Go here: https://file.town/
    Follow instructions and upload file of constitution
    Post link in this thread

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    Nobody screws Perth like 7

  12. #27
    Champion SinBin's Avatar
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    Quote Originally Posted by valzc View Post
    ......... if Alison, you have those figures ready, it would be good ammunition to use as proof of ARU's misinformation on the true status of finances. Public awareness of their shenanigans needs get out there..
    Presumably there will be plenty of press coverage of this meeting so it's a golden opportunity to brief the journos - maybe hand out some hard copies of Ali's excellent work. Of course, journalist agenda/self interest may mean that none of it's reported in the main tabloids/broadsheets.

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  13. #28
    Rookie F Man's Avatar
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    Quote Originally Posted by andrewM View Post
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    That's actually a king cheetah but anyway...

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  14. #29
    Champion valzc's Avatar
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    You mean one of these?Attachment 4824

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  15. #30
    Veteran Sheikh's Avatar
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    Quote Originally Posted by andrewM View Post
    One for Val
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    Here's a picture of a leopard, from the epic Africa Tour:

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    Don't tell me the sky's the limit when there are footprints on the moon

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