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ARTICLE · 10 MAY 2016

Proxy or Power of Attorney?

ClarkeKann Lawyers
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The difference between proxies and powers of attorney has considerable impact on how votes are cast at a general meeting.

AustraliaCorporate/Commercial Law
James Nickless
James Nickless
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The Office of the Commissioner for Body Corporate and Community Management has handed down a decision distinguishing between the use of proxies and powers of attorney, which will have considerable impact on how votes are able to be cast at a general meeting.

The regulations provide numerous restrictions on the use of proxies at a general meeting. On the other hand, there are no restrictions on the uses of powers of attorney, which gave rise to this dispute.

THE FACTS

This application for an interim order was brought by the current body corporate managers ("BCM-S"), against the body corporate, challenging the validity of a motion, which was purportedly passed at the annual general meeting ("AGM") on 16 March 2016.

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