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Collingwood engages leading dispute resolution lawyer Leon Zwier to manage its boardroom stoush

Collingwood has engaged the services of a leading dispute resolution lawyer in its battle with Jeff Browne – but says he is working for free.

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Collingwood has confirmed it has engaged the services of leading dispute resolution lawyer Leon Zwier to manage its boardroom stoush with would-be president Jeff Browne – but says the highly-regarded litigant is working for free.

In a message released to members, under-fire president Mark Korda defended the club’s decision not to hand over the register of members to a group pushing for an EGM.

That group of disgruntled members has reported Collingwood to Australia’s corporate watchdog, the Australian Securities and Investment Commission, for failing to hand over the register.

In what looms as a potential legal battle for control of one of Australia’s most famous sporting clubs, former Collingwood solicitor Francis Galbally – a Browne supporter – confirmed this week Melbourne law firm Piper Alderman had reported the club to ASIC.

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Collingwood has called in “Mr Fix-it” Leon Zwier.
Collingwood has called in “Mr Fix-it” Leon Zwier.

Korda said in his message: “We aim to protect the privacy of Collingwood members from those seeking to get unspecified access to these personal details.”

“Collingwood is not prepared to give out the names of its members to any person, unless the person requesting that information demonstrates the legitimate purpose for that request, as required by the law.

“If a person calling for an extraordinary general meeting is provided to Collingwood the club will offer to verify the signatures to the petition with its auditors, to establish the voting rights of petitioners according to the club’s constitution and to avoid circulating member details.”

Korda said the club was yet to receive the petition, but had received a letter requesting members’ details.

“The club has engaged (law firm) Arnold Bloch Leibler – at no cost – to resolve the procedural issues that arise from this,” Korda said.

Zwier, of law firm Arnold Bloch Liebler, is known in legal circles as ‘Mr Fix-It’.

In the letter to members, Korda also detailed that the club’s five-man coaching selection panel had already begun “assessing potential candidates”.

He also said the first phase of the $15 million Olympic Park redevelopment will start in September and be finished before the start of next season, while suggesting a second update on the club’s Do Better report was due this month.

‘I’M NO BULLY’: JEFF BROWNE HITS BACK AT PIES BOARD

Would-be Collingwood president Jeff Browne has rejected claims he is trying to “bully” his way onto the Magpies board as a war of words erupted on Tuesday night over a proposed extraordinary general meeting.

The former Channel 9 boss has hit out at a strongly-worded statement released by current Pies president Mark Korda, which accused Browne and his supporters of “smears” and a sense of “entitlement” in the fight for control of the club.

It follows revelations a group of members pushing for an EGM has reported Collingwood to Australia’s corporate watchdog for failing to hand over a register of club members.

“I’ve always said that I will offer myself for election if an opportunity arises,” Browne told the Herald Sun.

“This is a move by a member to get hold of the list to ensure that everybody knows the numbers required to petition for an EGM.

Jeff Browne, pictured with former Collingwood president Eddie McGuire at an event in 2013, has hit back at the Collingwood board.
Jeff Browne, pictured with former Collingwood president Eddie McGuire at an event in 2013, has hit back at the Collingwood board.

“I am not being bullied or bullying anybody.

“I will watch and await the outcome and if there is an election, I and others will stand.

“I believe that the members should be able to exercise their democratic right to call a special meeting to elect new directors.”

The Herald Sun revealed on Tuesday night that lawyers for a group of Magpies members seeking to force an EGM at the Holden Centre have lodged a formal complaint with the Australian Securities and Investments Commission.

They have accused Collingwood of breaching its obligations under the Corporations Act by refusing to provide a copy of the club’s register of members.

The group is seeking to validate the signatures of thousands of members gathered in recent weeks in order to trigger a spill of the Korda-led board.

Collingwood has also lawyered up, engaging top dispute resolution lawyer Leon Zwier to assist in the stand-off.

The highly regarded – and costly – Zwier, of law firm Arnold Bloch Liebler, is known in legal circles as “Mr Fix-it”.

Former Collingwood solicitor Francis Galbally, who is supporting Browne’s bid to take over the Magpies presidency, confirmed rival Melbourne law firm Piper Alderman had reported the club to ASIC.

“The board is doing everything it can to stop members having a vote on who should be a director and govern the club,” Galbally said.

“It is thumbing its nose at the democratic rights of members to decide on the composition of the board.

“And the more the club obfuscates and puts up roadblocks the more I am convinced the whole board must go.”

Under section 173 of the Corporations Act a request for a copy of the register of members of a public company must be complied with within seven days of the request being made.

Galbally made the request on June 29, accompanied with a cheque for $1000 to cover the club’s costs.

Some Collingwood members want to tip out current president Mark Korda and his board.
Some Collingwood members want to tip out current president Mark Korda and his board.

But the club reacted angrily on Tuesday night with Korda releasing a statement, saying: “A petition calling for an EGM is yet to be lodged with Collingwood.

“Should a petition be lodged, the club will stand by its previous offer, made to David Hatley, to independently verify the signatures to the petition and to establish the voting rights of petitioners according to the club’s articles of association.

“Smears, such as from Francis Galbally this evening, are an attempt to bully Jeff Browne on to the Collingwood board and hand him the presidency that he and his supporters believe is an entitlement. This could not be further from the democratic process the members are asking for.

“In any event, the board has already chosen to bring forward the 2021 annual general meeting to December of this year when three board positions will be up for election. We encourage all interested members, including Jeff Browne, to contest this election.”

“In the meantime, in the interests of our athletes, staff and members Collingwood will continue to move forward.”

Galbally said it would be inappropriate for the current Collingwood board to appoint a new coach until the board dispute was resolved.

“In the interim the club should act in caretaker mode and not make any substantial decisions around the coach until the board composition has been decided by the members,” he said.

“I will propose an election for all board positions as soon as possible. I will also be seeking changes to the club’s constitution which is outmoded and out of step with current governance requirements.

Collingwood members have reported the club to ASIC. Picture: AFL Photos/Getty Images
Collingwood members have reported the club to ASIC. Picture: AFL Photos/Getty Images

“And there needs to be a limit on the term for board members.”

Galbally has also questioned the recent appointments of VRC chairman Neil Wilson and former professional Bridie O’Donnell to the Magpies board.

“The appointment of Neil Wilson to fill a casual vacancy is odd to me,” he said.

“Many members wonder why a VRC chairman should be a Collingwood director. There are natural conflicts with sporting engagements and government sponsorships to say the least. “Then to appoint a Western Bulldogs supporter (O’Donnell) was a slap in the face to supporters. And then we found out she wasn’t eligible.

“It begs the question who is looking after the club and its governance? With these decisions how can they be trusted to appoint the right person for a coach?”

Galbally said he believed Browne’s rival ticket would deliver proper governance and on-field results.

“Two flags over 63 years is a pathetic result,” he said.

“Members deserve better and I cannot see anyone better than Jeff to set the club up to deliver that result.”

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Original URL: https://www.heraldsun.com.au/sport/afl/news/collingwood-members-take-club-to-asic-in-a-bid-to-force-an-egm/news-story/09471f9b2b0a5279ab899334e6a136e3