Due to an IT issue experienced by AWAL, the attached Information Memorandum (“IM”) was issued to some but not all members on 29 January 2021. The board of AWAL apologises if you did not receive it and has decided to reissue it to all members, updated with some mark ups as at today so that all members have the same information.
As you will read from the attached IM, certain members of AWAL recently requisitioned a meeting of members to consider various resolutions resulting from the AGM process in 2020 and allegations of tampering with the votes at that AGM. After receiving legal advice on the requisition, the board determined that the resolutions had not been formulated in compliance with the Corporations Act 2001 and the company’s Constitution. The board believed moreover that it would itself be contravening the Corporations Act 2001 if it were to act on the resolutions proposed
by the requisitioners. Therefore, the board declined to convene the meeting requested.
Additionally, now the board is aware that underlying data from the voting process overwhelmingly supports the view the vote was not tampered with.
However, some other information has also come to the attention of the board in recent days, which the board is currently considering.
We will therefore contact you again very shortly to update you as to the steps the board proposes as a result.
on behalf of the board
Australian Warbirds Association Ltd
5 February 2021