Filing ‘no’ case
69 Filing ‘no’ case
The number of members mentioned in subsection (2) of an existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘no’ case) opposing either or both of the following—
the proposed amalgamation;
each proposed alternative amalgamation.
The number of members filing a ‘no’ case for an amalgamation must be at least the lesser of—
5% of the organisation’s total members when the ballot application for the proposed amalgamation was filed; or
1,000.
The number of members mentioned in subsection (4) of an amalgamated organisation from which a constituent part wants to withdraw may file in the registry a written statement (also a ‘no’ case) opposing the proposed withdrawal.
The number of members filing a ‘no’ case for a withdrawal must be at least the lesser of—
5% of the constituent members when the ballot application for the proposed withdrawal was filed; or
1,000.
A ‘no’ case must be—
filed no later than 7 days before the hearing for the proposed amalgamation or withdrawal; and
no more than 2,000 words.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.