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AFL 2021: Jeff Browne delays push to seize Collingwood presidency

The bitter boardroom stoush at Collingwood has been put on pause. Here’s why Jeff Browne has pushed back his bid to become Collingwood president.

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Jeff Browne has pushed back his bid to seize the Collingwood presidency to avoid a costly and “disruptive” extraordinary general meeting.

Browne announced in a statement on Wednesday that a “refresh” of the Collingwood board would be best achieved at the club’s Annual General Meeting on December 16 rather than an EGM.

Browne said he had started the process to “cause a spill of all seven director positions” at the AGM.

In a statement shared to former Collingwood president Eddie McGuire on Footy Classified on Wednesday, Browne said he wanted an “orderly election” to address the “leadership vacuum” at the club.

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Mark Korda will not be challenged by Jeff Browne until later this year. Picture: AFL Photos via Getty Images
Mark Korda will not be challenged by Jeff Browne until later this year. Picture: AFL Photos via Getty Images

“I have always supported an orderly election to refresh the board at Collingwood and to address the leadership vacuum that exists,” Browne said.

“No amount of brave performances from our football team can mask the problems at board level.

“A refresh best achieved at the club’s AGM in December.

“An EGM prior to that would be disruptive and unnecessarily costly to our club and would cost an estimated $200,000.

“A process has now been started to cause a spill of all 7 director positions at the AGM on December 16.

“A further notice signed by 100 voting members will be lodged shortly to complete the process in accordance with the corporations law.

“I will propose that the current legal proceedings to require production of membership lists to be discontinued if the club agrees to appoint an independent returning officer to allow me and my supporters immediate access to the complete list of voting members, confidentially and solely for the purpose of contacting those members to campaign for … a new board at the AGM.

“Those communications will in due course propose the names and qualifications of passionate Collingwood people who are prepared to offer themselves to serve as club members of a new board.

“I hope that the club will respond positively to this course and that we can all at an appropriate time move on and campaign and vote at the election.”

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Collingwood president Mark Korda said it was a “sensible course” for the board challenge to be taken to the Annual General Meeting in December.

“An orderly election through the annual general meeting, where three of the seven directors can be challenged was always a sensible course,” Korda said.

“We are glad Jeff Browne now recognises this.

“We encourage any member with an interest in helping Collingwood to consider putting their credentials before the members on December 16.

“Between now and then, Collingwood will continue to press on with important work of serving our members, athletes and staff.

“We also note Paul Licuria and Jodie Sizer were just re-elected to the board by the members in February this year.”

Pies boardroom brawl lands in Supreme Court

—Michael Warner

A bid to force a spill of the Collingwood board has landed in the Victorian Supreme Court.

In a dramatic escalation of the Magpies’ board fight, former club solicitor Francis Galbally has lodged a Supreme Court application aimed at expediting the staging of an extraordinary general meeting.

Galbally’s lawyers are seeking orders for Collingwood to hand over a copy of the club’s register of members, needed to validate the signatures of thousands of supporters gathered to trigger a spill of the Mark Korda-led board.

A hearing before a judge of the Supreme Court could be held within weeks.

In an affidavit signed by Galbally, Collingwood is accused of breaching section 173 of the Corporations Act in refusing to disclose its membership register.

“I have become increasingly concerned about the governance and overall direction of the club,” Galbally says.

A number of key issues have arisen recently, including not only the direction of the club and its football department, but also the purported appointment of Ms Bridie O’Donnell as a director of the club, the resignation of Mr Nathan Buckley as the senior coach of the club, and issues related to the handling of the club’s salary cap.

“These concerns have now risen to the level that I am considering my options with respect to calling a general meeting of the club, and/or putting resolutions to the members of the club to replace some or all of the club’s directors and/or call for an election for all board positions.

“I have spoken to a number of other members of the club, and those members that I have spoken to have informed me that they share a similar view.

“In order to call, or requisition the board to call, a general meeting of the club, and/or put resolutions to the members of the club, I require the support of a number of voting members.”

But Galbally’s group is accusing the Magpies of attempting to stonewall a democratic club election by refusing to supply the register of members.

Galbally, who is supporting businessman Jeff Browne’s bid to take over the Magpies presidency, has engaged leading law firm Piper Alderman, top silk Chris Blanden QC and commercial barrister Tim Dowling.

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

It’s been a tough season on and off the field for Collingwood. Picture: Getty Images
It’s been a tough season on and off the field for Collingwood. Picture: Getty Images

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

“To date, the register of members has still not been provided in accordance with the club’s obligations under section 173 of the Corporations Act,” the Galbally affidavit says.

“Nor has there been any further explanation provided to me or to Piper Alderman by either the club or Arnold Bloch Liebleras to why the register of members has still not been provided to me.

“In my view the club’s refusal to provide me with a copy of its register of members is hindering both me and other members from requisitioning an extraordinary general meeting of the club to call for an election of directors.

“This absence of transparency has also led me to doubt whether the club has adequately maintained a proper register of members in accordance with its obligations under section 168 of the Act.”

A formal complaint about Collingwood’s conduct was lodged with the Australian Securities and Investments Commission last week.

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, which Collingwood acknowledged receiving on July 5.

He was the Magpies’ honorary solicitor from 1976-94 and is a prominent Melbourne businessman.

Originally published as AFL 2021: Jeff Browne delays push to seize Collingwood presidency

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Original URL: https://www.themercury.com.au/sport/afl-2021-collingwood-boardroom-brawl-lands-in-supreme-court/news-story/0353ac3d4bbe01f066799110a3418ac2