CORPORATIONS – oppression – application to make orders under s 233(1) Corporations Act 2001 (Cth) to fix a date for an annual general meeting and to modify the company constitution to provide for election of directors – where corporation is a public company limited by guarantee – where corporation is a registered charity – where corporation was previously a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) – where issues raised as to proper construction of company constitution provisions that provide for length of term of appointment of directors – whether conduct has been engaged in to maintain control of company and avoid accountability to members – whether procedural fairness afforded to members purportedly expelled – oppression claim upheld – orders to be made convening annual general meeting, modifying provisions of constitution as to appointment of directors and proxy voting, requiring independent chair, and requiring independent scrutiny of proxy voting – terms of final orders to be determined
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0101For more information, see the original judgement.
