VFF members’ push to dismiss board stumbles in court
A legal battle to force the Victorian Farmers Federation to hold an extraordinary general meeting has hit a hurdle. See why.
A legal challenge aimed at forcing the Victorian Farmers Federation to conduct an extraordinary general meeting — a move which could lead to the sacking of the group’s board — stumbled in court on Friday.
Lawyers for former VFF grains group president Andrew Weidemann argued the peak farming body was legally obligated to conduct an EGM under the Corporations Act after more than 100 VFF members requested it through a petition.
Federal Court Justice Jonathan Beach declined to order the VFF to hold the EGM, and has requested more information from both parties before a final hearing to be held next Friday, October 20.
“I am not going to grant you the form of injunction that you are seeking at this stage,” Justice Beach said.
The state farming lobby has been in turmoil since June, when VFF members, led by Mr Weidemann and former VFF grains group presidents Brett Hosking and Ash Fraser, launched a petition calling for the VFF board to be overturned.
Friday’s hearing centred on the wording of the petition, which was eventually signed by 156 VFF members.
The petition contained four resolutions: resolutions 1 and 2 to remove VFF president Emma Germano and vice president Danyel Cucinotta; and resolutions 3 and 4, which sought to replace them with former National Party MP Paul Weller and farmer Georgina Gubbins.
Lawyer Hamish Austin, appearing for the VFF, argued that the petition as signed by VFF members was invalid.
Mr Austin argued that the third and forth resolutions could not be acted upon because VFF board members could only be appointed through a democratic election process and not at an EGM.
“Directors were entitled not to act upon this notice and not order a meeting,” he said.
Justice Beach agreed, saying: “It (the petition) wrongly represented to them (VFF members) that they had the power to replace them (the president and vice president), and they don’t.”
Because the members had signed on to the four resolutions as a “package deal”, the request that had been put to the VFF was invalid, Mr Austin argued.
The hearing will continue next Friday.
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