Special General Meeting [38]

an Important Message from the President

With this newsletter you will have received a notice of a Special General Meeting to be held in conjunction with the Next Step weekend at Currarong on the 17th April. The purpose of this meeting is to pass a number of resolutions varying the Club’s rules (constitution). It is important that we get a good number voting as we need a majority of a 75% turnout in order to pass the resolutions.

Resolutions 1 to 3 are procedural changes that will make the club rules more closely reflect the way in which the club has operated for some time. Resolution 4 changes the way that proxy votes are appointed so that the process of voting at future Special General Meetings is streamlined. (More on proxy votes later). Resolution 5 is the main reason for the Special General Meeting. As you will be aware there has been considerable concern in the club regarding legal liability issues. Resolution 5 limits the liability of the Club or any of its members to the extent of insurances (options of more appropriate insurance are being investigated) held by the Club.

It is extremely important that members can hold club paddles without the fear that they could end up being sued for all they own in the event of an accident. I and the Committee urge as many of you as possible to attend the special general meeting to support the proposals, especially Resolution 5, if you cannot attend I urge you to vote by proxy. A proxy voting form and a stamped addressed envelope is included with this newsletter. You can either give it to someone who is going to the meeting or send your completed form in the letter provided. Important: if you are sending in your proxy vote please leave the space for the person appointed as your proxy blank. This is because under the current rules no person is allowed to hold more than 5 proxies.

Notice of Special General Meeting of the NSW Sea Kayak Club Inc. TO BE HELD ON 17TH APRIL 1999 AT CURRARONG, TO DECIDE THE FOLLOWING RESOLUTIONS:

Changing the Rules of the Club

Constitution and Membership

Resolution 1

Replace

14. (1) (b) 3 ordinary members.

with

14. (1) (b) up to 3 ordinary members.

Resolution 2

Replace

14. (2) The Office-bearers of the association are to be:
(a) the President;
(b) the Vice President;
(c) the Treasurer; and
(d) the Secretary.

with

14. (2) The Office-bearers of the association are to be:
(a) the President;
(b) the Vice President;
(c) the Secretary/ Treasurer;
(d) the News Letter Editor; and
(e) the Trips Convenor.

Election of Members

Resolution 3

Replace

15. (1) Nominations of Candidates for election as office-bearers of the association or as ordinary members of the committee:
(a) must be made in writing, signed by 2 members of the association and accompanied by 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 annual general meeting at which the election is to take place.

with

15. (1) Nominations of Candidates for election as office-bearers of the association or as ordinary members of the committee:
(a) shall be proposed and seconded from the floor at the annual general meeting. The candidates consent shall be expressly given.

Special General Meetings – Special Resolution

Resolution 4

Replace

31. (2) All votes shall be given personally or by proxy but no member may hold more than 5 proxies.

with

31. (2) All votes shall be given personally or by proxy.

Resolution 5

New Clause Legal Liability

42. Every member agrees that on becoming a member of the Association, their right to seek compensation against any other member, officer or agent of the Association (“the defendants”) is limited as follows.

If :
any member suffers personal injury (including death), damage to property or financial loss while participating in sea kayaking or any activity associated with sea kayaking, and
a cause of the injury, damage or loss was the negligence or breach of other obligations imposed by law on any of the defendants,

then the liability of the defendants is limited to:
the extent to which the defendants are entitled at law to an indemnity for such liability under any insurance policy held by the Association (“the policy”).
the amount which the insurer is obliged to pay under the policy, or in the liquidation of the insurer, the amount which the defendants can recover, whichever is the lesser.

If the defendants or any of them are not entitled at law to an indemnity for whatever reason, the liability of the defendants is nil.

Every member agrees that this limitation of liability applies after the person making the claim ceased to be a member of the association.