Australian Warbirds...




Dear Members,

The AWAL board is very much aware of members general privacy concerns.

It is with this in mind, and the general improvements in governance and transparency the board is trying to achieve that we inform you of the following.

On the 3rd Feb 2021 AWAL received a legal letter from lawyer Jennifer Brewer advising that she was acting on behalf of approximately 76 members and One member in particular.

Properly responding to this legal letter has caused substantial further cost to AWAL in seeking proper legal advice.

The letter was a formal request for a copy of the AWAL member register for the express purpose of calling a general meeting under section 249E of the Corporations act 2001.

Clause 249E allows members to call a general meeting when the Board of Directors has not done so when requested by members under section 249D of the Act.

The AWAL Board has already explained in detail why calling a meeting under Section 249D of the act as requested by the 76 requisitioners was not legally possible, and strong legal advice was that accordingly, a meeting called by members under 249E should not proceed.

This advice was communicated to Ms Brewer, and the one particular member was notified in person by the AWAL Secretary of the Boards decision to resign so a postal ballot to elect a new board could go ahead. The logic here from the Board was that if a new board was being elected there was now no requirement to hold a general meeting, and no need for anyone to receive a copy of the member register.

Notwithstanding the change in circumstances and the lack of need for a general meeting the one member maintained their request for a copy of the member register.

As the request for the copy of the member register was properly put and was for the express purpose of calling a general meeting under clause 249E of the corporations Act, by law, AWAL could not refuse and accordingly a copy of the AWAL member register was provided to the members’ legal representative.

The AWAL board regrets that all actions to relieve the need to call a general meeting was not enough to prevent providing a copy of the register. The only information on the register required to be provided was members name, contact physical address and date of joining AWAL.

As the member register was provided for the express purpose of calling a general meeting, use of the list for any purpose other than that may well constitute a breach of the Corporations Act.

If any member is contacted by post that indicates the member register has been used for a purpose other than calling a general meeting you are requested to advise the AWAL Board via the Company Secretary as soon as possible of the occurrence.

Stephen Robinson

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