As we promised, we will now review the
postal vote procedure but there are no comments because Queensland has now amended its
JMax Appeal to AMSAC claiming the postal vote to allow JMax for the 2005 CIK rounds is
invalid.
So just the facts.
Rule 40 in our constitution says the rules can be changed by a special resolution at a
General Meeting. A General Meeting is a meeting of members.(The States)
According to AKA records, the postal vote rule, 32A in the constitution was initially
proposed for the 1999 Annual General Meeting. But it wasnt dealt with before the
meeting was closed. It was dealt with at the NKC meeting on 10, 11 and 12 September 1999.
But that was a Council Meeting according to the meeting minutes, not a General
Meeting. And the resolution does not speak of being a special resolution.
The saga continues and the court will have to decide unless common sense prevails and a
meeting is called to do it properly.
The problem that Queensland sees if the postal vote is invalid, the insurer can say it
won't back any claims that arise out of the class, because a class promulgated invalidly
is no class at all. Sort of sums up this whole debacle doesn't it.!
On the bright side, it looks like the National Executive have gotten to grips with the
meeting rules and a request is being circulated to call a meeting to consider Governance
progress issues and some others. Under the rules, a majority of delegates can call
an NKC meeting and a majority of members can call a general meeting.
This is good governance. Provided the NKC delegates can be prevented from pushing their
own agenda and deliver the instructions from their principals ( the States) we may see
some progress.!!
Stay tuned.
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