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We, the management committee of the Cooroy Golf Club, are writing to you as you are one of the members who we understand signed a petition dated 09 February 2024 (the “Petition”), which stated relevantly:
“This petition is for a motion of No Confidence in the current management committee and for the removal of said committee [and a] temporary committee be put in place until new elections can be called”.
For clarity, there is no mechanism in the Club’s constitution for a motion of No-Confidence, but rule 10.8 does provide for the removal of an Officer of the Club at a General Meeting of the Club subject to each such Officer being given the opportunity fully present his/her case at the meeting.
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On 19 March 2024 the management committee received an anonymous correspondence (the “March Correspondence”) attaching the Petition and stating: “We the undersigned request a Special General Meeting of all financial members of Cooroy Golf Club”. That correspondence purports that the signatories of the Petition, of whom you are one, request that the secretary of the Club call a special general meeting pursuant to rule 15.2(a)(iii) of the Club’s constitution.
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The March Correspondence further purports that the signatories to the Petition have agreed to the following motions, to be put before the membership at that Special General Meeting:
1. Motion 1(a): For the removal from office of Peter Piggott, Grant Smallacombe, Andrew Dick, Rod Booth, Tina Thomas, and Chris Michael;
2. Motion 1(b): Install a temporary committee consisting of Keith Harkins, Paul Kosynksky, Peter Jeucken, Jeff McDonald, and Mark Woolway.
The committee respects the right of members who collectively constitute 10% Life and/or Ordinary members to requisition a meeting pursuant to rule 15.2(a)(iii) and to vote to remove Officers pursuant to rule 10.8 of the Club’s constitution. However, given the gravity of the accusations and assertions set out in the Petition and the March Correspondence it is important, you will appreciate, to ensure the rules of the Club are properly adhered to. To that end, in order for your requisition to be valid the following matters must be attended to, and an amended signed requisition forwarded to the secretary.
Firstly, it has come to the committee’s attention that some, or many, of the signatories to the Petition did not receive the further material in the March Correspondence at the time they signed the Petition and therefore did
not in effect requisition a Special General Meeting or ratify the proposed motions.
Furthermore, the “Reasons” set out in the Petition and similar statements set out in the March Correspondence contain false and misleading allegations and assertions, and potentially defamatory imputations which the management committee wishes to correct so that you are properly informed before taking the serious step of removing Peter Piggott, Grant Smallacombe, Andrew Dick, Rod Booth, Tina Thomas, and Chris Michael from their positions as Officers of the Club.
Attached at Appendix ‘A’ you will find an explanation of the assertions being made and the committee’s response setting out the facts surrounding the matters raised in the Petition and the March Correspondence.
The amended requisition should clearly state the reasons for calling the meeting, which pursuant to r15.2(c) should clearly set out the business to be transacted and for which the meeting has been specifically summoned. That information should be in a form that clearly shows that all of the requisitioner’s have consented to all of the matters to be transacted at the meeting, including the proposed resolutions.
Secondly, there is no facility under the constitution for the appointment of a ‘temporary committee’. The rules provide only for election of Officers of the Club at an Annual General Meeting pursuant to rule 10.5, however,
cl.62(1) of the Associations Incorporation Act 1981(Qld) does provide for election of Officers of the Club at any general meeting. The procedure for election of Officers of the Club is set out at rule 10.5 of the constitution and
must be adhered to. Those procedures require nominations for proposed Officers to be signed by the Nominee, the Proposer, and the Seconder. The secretary must place that information on the clubhouse notice board at least fourteen days before the meeting is to be held.
We therefore ask that you review the above issues and provide the secretary with an amended and properly set out requisition so that a meeting can be called to address your concerns.
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