Collingwood board fight 2021: Jeff Browne’s big win in bid to replace Mark Korda after Magpies resolve Supreme Court dispute
Collingwood has resolved its Supreme Court dispute, agreeing to hand over key details in a win for Jeff Browne in his bid to replace Mark Korda as president.
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Collingwood has resolved its Supreme Court dispute with long-time club solicitor Francis Galbally and agreed to hand over the club’s register of members.
In a win for businessman Jeff Browne in his bid to replace Mark Korda as president, the Magpies have agreed during a mediation session on Wednesday to comply with Galbally’s request.
Collingwood confirmed the move on Wednesday night.
“Collingwood Football Club today resolved its Supreme Court dispute with Francis Galbally,” the club said in a statement said.
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“Collingwood will, by August 30, provide Mr Galbally with the club’s members register on the basis that Mr Galbally has undertaken to the Court to comply with section 177 of the Corporations Act.
“Mr Galbally will then formally withdraw his complaint to the Australian Securities and Investments Commission.
“The proceeding will then be dismissed with no order as to costs.”
Browne is seeking to spill all seven Collingwood board positions at the club’s annual general meeting on December 16 and needs the membership register to verify the signatures required to requisition resolutions to be put to the AGM.
Galbally’s legal team had accused Collingwood of breaching section 173 of the Corporations Act in refusing to disclose the register.
But Collingwood opposed the application, claiming there was a risk the information will be used for an improper purpose.
The club’s lawyers were relying on section 177 of the Act to support their position.
Galbally was the Magpies’ honorary solicitor from 1976-94 and is a prominent Melbourne businessman.
Browne’s bid to force a spill at December’s AGM will involve the gathering of 100 fresh signatures instead of the higher hurdle of five per cent of the club’s members needed for an extraordinary general meeting.
Galbally had lodged a separate complaint with ASIC.
EARLIER: Fight goes on: Judge’s order for warring Pies factions
A Supreme Court judge has ordered Collingwood’s warring factions into mediation.
Justice Peter Riordan convened a brief hearing on Friday morning in a proceeding brought against the Magpies by long-time club solicitor Francis Galbally.
Galbally is seeking access to the club’s register of members as part of a bid to support businessman Jeff Browne’s proposed takeover of the Mark Korda-led board.
After a 30-minute directions hearing, Justice Riordan ordered the two parties to hold mediation by next Friday.
If the dispute cannot be resolved, the court will reconvene in the second week of September to determine the matter.
“Plainly enough, this matter needs to be resolved promptly,” Justice Riordan told the court.
Collingwood is required to make submissions by September 3 and the Galbally camp by September 8.
Browne is seeking to spill all seven Collingwood board positions at the club’s annual general meeting on December 16.
His camp needs the membership register to verify the signatures required to requisition resolutions to be put to the AGM.
Galbally’s legal team has accused Collingwood of breaching section 173 of the Corporations Act in refusing to disclose the register.
But Collingwood opposes the application, claiming there is a risk the information will be used for an improper purpose.
The club’s lawyers are relying on section 177 of the Act to support their position.
They are also seeking further clarification as to the intended uses of the register.
Galbally’s lawyers argue that seeking member support for resolutions to be put at an AGM - and voting on those resolutions - does not constitute an improper use of the register.
Next week’s mediation session is designed to broker an agreement without the need for a court hearing.
Would-be Carlton coach Ross Lyon this week pointed to Collingwood’s boardroom uncertainty as a reason for not pursuing discussions about the Magpies’ vacant senior coaching job.
Galbally has engaged leading corporate lawyer James Macdonald from Piper Alderman, top silk Chris Blanden QC and commercial barrister Tim Dowling, while Collingwood has also lawyered up, using top dispute resolution lawyer Leon Zwier of Arnold Bloch Liebler and barrister Banjo McLachlan.
Galbally was the Magpies’ honorary solicitor from 1976-94 and is a prominent Melbourne businessman.
Browne’s bid to force a spill at December’s AGM will involve the gathering of 100 fresh signatures instead of the higher hurdle of five per cent of the club’s members needed for an extraordinary general meeting.
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Originally published as Collingwood board fight 2021: Jeff Browne’s big win in bid to replace Mark Korda after Magpies resolve Supreme Court dispute
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