A substantial number of auDA members recently signed the online petition for a S249D Meeting, and put forward four resolutions to be considered. You can read them here.
The deadline for auDA to call the meeting is this Friday 7th July. In the past two weeks, Cameron Boardman (CEO) and Di Parker (Company Secretary) initiated several conversations with me to discuss each of the four resolutions. Our discussions – and my subsequent concerns – are reflected in this letter of the 26th June.Letter to auDA 26 June 2017 Redacted
How Can auDA Simply Ignore The Law?
auDA, and each of its Directors, have an obligation to observe the Corporations Act 2001. Last night I was informed by Cameron Boardman and Di Parker that Resolutions 1, 2 and 3 have been deemed invalid, and therefore will not be put to the meeting.
Hello! Deemed invalid by whom? Where is the legal advice? Have you initiated Court proceedings to try and affirm your legal advice? Before you “willy nilly” decide to arbitrarily reject “our resolutions”, then you must do this.
If auDA (or their lawyers) don’t believe that the resolutions we seek to have passed are within the power of the members to consider and pass, then go to Court for the appropriate relief. The statutory and common law position around this is very clear – as is the case law.
You have been put on notice.
What Is auDA So Afraid Of?
This unilateral action to declare Resolutions 1, 2 and 3 “invalid” smacks of fear. They should all be dealt with – not just one.
auDA is a membership organisation governed by the Corporations Act and a Constitution. It is not a dictatorship. Please let members freely express their will through legitimate means. All four resolutions need to proceed to the S249D meeting.
The Board and management of auDA have the opportunity to make their case against any or all of the resolutions.
Ned O’Meara – 5th July 2017