Author Topic: Registry of Ex Military Landrovers Inc news  (Read 23834 times)

Offline RobHay

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Re: Registry of Ex Military Landrovers Inc news
« Reply #30 on: May 31, 2012, 07:40:50 PM »
First some business about which this thread is for.

It is my unfortunate duty to notify everybody to a change o the committee of REMLR Inc.

The committee has had to nullify the election of Kevin Hicks and Josh Murray as committee members because their nominations were never seconded, and by the constitution it is required that the person be nominated and seconded. 

It is not a pleasant thing to have to do, but the committee is determined to run REMLR by the book.

Richard

Fellow Members, I suggest you read the following in relation to Committe Members.

15. Election of committee members
(1)Nominations of candidates for election as office-bearers of the association or as ordinary committee members:
(a)   must be made in writing, signed by 2 members of the association and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination), and
(b)   must be delivered to the secretary of the association at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.
(2)   If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and further nominations are to be received at the annual general meeting.
(3)   If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.
(4)   If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
(5)   If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
(6)   The ballot for the election of office-bearers and ordinary committee members of the committee is to be conducted at the annual general meeting in such usual and proper manner as the committee may direct.
(7)   A person nominated as a candidate for election as an office-bearer or as an ordinary committee member of the association must be a member of the association.


18.Casual vacancies
(1)   In the event of a casual vacancy occurring in the membership of the committee, the committee may appoint a member of the association to fill the vacancy and the member so appointed is to hold office, subject to this constitution, until the conclusion of the annual general meeting next following the date of the appointment.
(2)   A casual vacancy in the office of a member of the committee occurs if the member:
(a)   dies, or
(b)   ceases to be a member of the association, or
(c)   becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or
(d)   resigns office by notice in writing given to the secretary, or
(e)   is removed from office under clause 19, or
(f)   becomes a mentally incapacitated person, or
(g)   is absent without the consent of the committee from 3 consecutive meetings of the committee, or
(h)   is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisonment for not less than 3 months, or
(i)   is prohibited from being a director of a company under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act 2001 of the Commonwealth.

Sect 15 (3) Clearly states that any position not filled at the AGM becomes a casual vacancy.

Sect 18 Deals with Casual Vacancys.....particularly the method to be employed in filling them, I should point out here that in the Act  the only person who MUST be resident within NSW is the Public Officer, all other Office Holders and Ordinary Committee Members MUST reside within Australia,

Sect 18 (1) Clearly gives the Management Committee the power to APPOINT members to fill the CASUAL VACANCY, just in case you missed it the first time I will repost that particular section,


(1)   In the event of a casual vacancy occurring in the membership of the committee, the committee may appoint a member of the association to fill the vacancy and the member so appointed is to hold office, subject to this constitution, until the conclusion of the annual general meeting next following the date of the appointment.


Might I suggest that there has been a misreading (at best), and a wrongful application of, of the Rules of Association.

I would therefore call for Kevin Hicks and Josh Murray to be re-instated as Committee Members of The Registry of Ex-Military Landrovers Incorporated, in accordance with the Rules of Association, to fill the two CASUAL VACANCYS.

I would also expect that this happens rather rapidly, as there would appear to be a breach of regulations.
« Last Edit: May 31, 2012, 08:10:30 PM by RobHay »
RobHay
1964 Series IIA 109 Military Fire Tender. ARN 108-639;
1968 Series IIA 109 GS. ARN 174-217. and a Sankey Trailer.
In this job you have to be able to either run very fast or fight very well.......I am too fat to run

Tommy

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Re: Registry of Ex Military Landrovers Inc news
« Reply #31 on: May 31, 2012, 08:47:11 PM »
That was quick Mr Moderator ;D. Well done.

Member number 666....what a twit.
« Last Edit: May 31, 2012, 08:48:47 PM by Tommy »

AGAS 5

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Re: Registry of Ex Military Landrovers Inc news
« Reply #32 on: May 31, 2012, 08:55:23 PM »

Might I suggest that there has been a misreading (at best), and a wrongful application of, of the Rules of Association.

I would therefore call for Kevin Hicks and Josh Murray to be re-instated as Committee Members of The Registry of Ex-Military Landrovers Incorporated, in accordance with the Rules of Association, to fill the two CASUAL VACANCYS.

I would also expect that this happens rather rapidly, as there would appear to be a breach of regulations.

I believe the Committee should be thanked for being transparent on this matter. I further believe that reasonable time should be allowed for the committee to fully exercise its responsibility by researching their options and then exercising its authority.

I do not believe, if this matter was only brought to their attention a day or so ago, that there has been any wrongful application of or any breach of the regulations. I find suggestions that they are, at best, provocative.

Regards.
« Last Edit: May 31, 2012, 08:59:56 PM by AGAS 5 »

AGAS 5

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Re: Registry of Ex Military Landrovers Inc news
« Reply #33 on: May 31, 2012, 08:58:30 PM »
That was quick Mr Moderator ;D. Well done.

Member number 666....what a twit.

no problems... just researching how to ban spammers atm  (new fang dangled controls)

Tommy

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Re: Registry of Ex Military Landrovers Inc news
« Reply #34 on: May 31, 2012, 09:05:46 PM »
That was quick Mr Moderator ;D. Well done.

Member number 666....what a twit.

no problems... just researching how to ban spammers atm  (new fang dangled controls)

I used the 'Report to Moderator' button at the bottom RHS of post but it rejected my submission  :(. May be a problem there.

Offline Mick_Marsh

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Re: Registry of Ex Military Landrovers Inc news
« Reply #35 on: May 31, 2012, 09:09:03 PM »
That was quick Mr Moderator ;D. Well done.

Member number 666....what a twit.

no problems... just researching how to ban spammers atm  (new fang dangled controls)

I used the 'Report to Moderator' button at the bottom RHS of post but it rejected my submission  :(. May be a problem there.
I got the same. I assume it was because the post had been deleted.
REMLR # 310, MVCA # 364, 101 Club # 2188, MHG #101
29-417 101 GS, 30-248 101 Rapier Tractor. 30-238 101
34-597 Crump & Cornish 1 ton Cargo Trailer
RT21 RAAF Track Tactical Trailer, 234-671 RAAF Track Tactical Trailer

Tommy

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Re: Registry of Ex Military Landrovers Inc news
« Reply #36 on: May 31, 2012, 09:13:48 PM »
That was quick Mr Moderator ;D. Well done.

Member number 666....what a twit.

no problems... just researching how to ban spammers atm  (new fang dangled controls)

I used the 'Report to Moderator' button at the bottom RHS of post but it rejected my submission  :(. May be a problem there.
I got the same. I assume it was because the post had been deleted.

OK, here goes nothing....I'm going to report your last post to the moderator Mick  :D. I'll see if it works  ::)

Offline Mick_Marsh

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Re: Registry of Ex Military Landrovers Inc news
« Reply #37 on: May 31, 2012, 09:14:52 PM »
That was quick Mr Moderator ;D. Well done.

Member number 666....what a twit.

no problems... just researching how to ban spammers atm  (new fang dangled controls)

I used the 'Report to Moderator' button at the bottom RHS of post but it rejected my submission  :(. May be a problem there.
I got the same. I assume it was because the post had been deleted.

OK, here goes nothing....I'm going to report your last post to the moderator Mick  :D. I'll see if it works  ::)
Don't get me banned.
REMLR # 310, MVCA # 364, 101 Club # 2188, MHG #101
29-417 101 GS, 30-248 101 Rapier Tractor. 30-238 101
34-597 Crump & Cornish 1 ton Cargo Trailer
RT21 RAAF Track Tactical Trailer, 234-671 RAAF Track Tactical Trailer

Tommy

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Re: Registry of Ex Military Landrovers Inc news
« Reply #38 on: May 31, 2012, 09:16:23 PM »
That was quick Mr Moderator ;D. Well done.

Member number 666....what a twit.

no problems... just researching how to ban spammers atm  (new fang dangled controls)

I used the 'Report to Moderator' button at the bottom RHS of post but it rejected my submission  :(. May be a problem there.
I got the same. I assume it was because the post had been deleted.

OK, here goes nothing....I'm going to report your last post to the moderator Mick  :D. I'll see if it works  ::)
Don't get me banned.

Too late Mick  8). It went through no problems ;D. You're now banned  ;D
« Last Edit: May 31, 2012, 09:20:31 PM by Tommy »

AGAS 5

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Re: Registry of Ex Military Landrovers Inc news
« Reply #39 on: May 31, 2012, 09:22:58 PM »
ok, ok  :o  l'm trying to log off... quit it !!

lol

Pete

Tommy

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Re: Registry of Ex Military Landrovers Inc news
« Reply #40 on: May 31, 2012, 09:24:12 PM »
Sleep well Pete   8)

Cooper

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Re: Registry of Ex Military Landrovers Inc news
« Reply #41 on: May 31, 2012, 09:41:40 PM »
 Thanks Tommy, that Mick Marsh, if anyone needs banning, it's him. ;)

 Coops.

Offline Mick_Marsh

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Re: Registry of Ex Military Landrovers Inc news
« Reply #42 on: May 31, 2012, 09:51:18 PM »
Yeah. Such a troublemaker.
Ban him now!
I would if I was a moderator.
REMLR # 310, MVCA # 364, 101 Club # 2188, MHG #101
29-417 101 GS, 30-248 101 Rapier Tractor. 30-238 101
34-597 Crump & Cornish 1 ton Cargo Trailer
RT21 RAAF Track Tactical Trailer, 234-671 RAAF Track Tactical Trailer

Offline RobHay

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Re: Registry of Ex Military Landrovers Inc news
« Reply #43 on: May 31, 2012, 11:59:34 PM »
I also meant to say that no where in the Rules of Association does it state that nominations for positions either as Office Bearers of the Association or as ordinary committee must be 'nominated and seconded'.

What the Rules do state is that a written nomination must be signed by two members of the association and the person so nominated is to provide his written consent.

Should there be equal numbers of nominations to vacancies then all nominations are taken to be elected. sect 15(4). Thats it, all over, no ballott...they are elected!

Should there be insufficient nominations for the number of vacancies then those nominations received are taken to be elected and further nominations are to be received at the Annual General Meeting. sect 15 (2) 

Should there be insufficient nominations to fill all the vacancies then those positions remaining on the committee not filled are taken to be Casual Vacancies. sect 15 (3)

There is a further condition in that all persons nominated for a position as a Officer Bearer or ordinary committee member, MUST be members of the association.

Now my understanding, and please feel free to correct me if I am wrong,  is that at the conclusion of the AGM there where two positions, for whatever reasons, that remained unfilled.

Two persons, who were at all material times members of REMLR inc, were proposed to the Committee to fill these. The Committee, whether they knew it or not that they were acting in accordance with sect 18 (1). accepted these nominations thereby appointing these two persons to the committee of Registry of Ex-Military Land Rover Incorporated. until the conclusion of the next Annual General Meeting.

Section 19 Allows for the removal of members from the Committee, but the rule is very specific: -

19. Removal of committee members
(1)   The association in general meeting may by resolution remove any member of the committee from the office of member before the expiration of the memberís term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
(2)   If a member of the committee to whom a proposed resolution referred to in subclause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the association, the secretary or the president may send a copy of the representations to each member of the association or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.

It should be noted that the ONLY way a committee member can be removed is by way of a resolution passed at a GENERAL MEETING, the person so affected by a proposed resolution to remove them, and prior to any such action being taken, than has the right to make representations in writing to the Secretary of the Association and request that this representation be notified to ALL members.

Of course any committee member moved against has the right of appeal to higher authority or to seek a legal remedy.

All Office Bearers of the Association should be aware that if the committee member is successful in their legal remedy than the brunt of any punitative damages is bourne by those Office Bearers personally. Please take note of the personally part.

The Committee Members recently advised that they were to be removed were not afforded any right of response to the proposal. This was, hopefully, an oversight. They were appointed, following the last AGM to positions remaining vacant (the Casual Vacancies) following that meeting, their appointments were announced to all members. They were at all material times, from that time to this, committee members in accordance with section18 (1) of the Association Rules.

THEY CANNOT BE REMOVED.

Ladies and Gentlemen, REMLR has experienced some difficulties of recent days, which we have over come and will continue to overcome and we will prosper as a knowledge base of like minded persons who enjoy what it is we do. I have no idea what it was that caused the rupture, but I DO believe that it was not a so called 'technical hitch' , I do believe that some person or persons unknown, at this stage, has taken a mighty swipe at us. I have been in the criminal justice system for way too many years both in this country and overseas to not recognise when someone is attempting to do harm to something I hold dear.

In times of trouble we need to put aside our differences and rally to protect REMLR, it is unique.

I call upon the Office Bearers of this great association to study the Associations Incorporations Act 2009 (NSW) and association rules pertaining to New South Wales and reinstated the committee members. And I call upon all members of REMLR to do the same and to stand ready to protect what we have here in REMLR
 
RobHay
1964 Series IIA 109 Military Fire Tender. ARN 108-639;
1968 Series IIA 109 GS. ARN 174-217. and a Sankey Trailer.
In this job you have to be able to either run very fast or fight very well.......I am too fat to run

Offline hodgo

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Re: Registry of Ex Military Landrovers Inc news
« Reply #44 on: June 01, 2012, 07:37:44 AM »
Thank you Rob for this informative post, I stayed up till midnight last reading the NSW gov. rules on incorparation after our talk the other night must say its very informative and not written in too much legal gargen.
 Hodgo