Section 252D(2) of the Corporations Act 2001 (Cth), requiring that a meeting called by members be called 'in the same way' as meetings called by the responsible entity, is directed to procedural matters and does not impose fiduciary duties of disclosure on members calling the meeting. Courts will be reluctant to restrain members' meetings of managed investment schemes, particularly where the responsible entity has failed to communicate its concerns to members directly. The question whether a winding-up of a managed investment scheme can be terminated once commenced remains open.
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