368. Proxy power plays: getting proxies and powers of attorney RIGHT at your next meeting
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In this solo episode, I’m sharing all you need to know about proxies under our NSW law, including:
- how to fill in the “approved form” correctly
- whether those voting under a power of attorney need to fill in a proxy form
- the Tribunal and court cases where proxies have come out on top
and more.
Links Mentioned:
- Get the transcript here!
- STRATA SCHEMES MANAGEMENT ACT 2015 – Schedule 1
- STRATA SCHEMES MANAGEMENT ACT 2015 – Schedule 2
- Proxy appointment form (nsw.gov.au)
- Warren v The Owners – Strata Plan No. 61618 Civil and Administrative Tribunal NSW
- CORPORATIONS ACT 2001 – SECT 127 Execution of documents (including deeds) by the company itself
- The Owners Strata Plan No 54026 v UniLodge Australia Pty Ltd (No 2) [2020] NSWCATAP 80 (8 May 2020)
- Quest Rose Hill Pty Ltd v White [2010] NSWSC 939 (24 August 2010)
- STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 34 Acting members of strata committee
The view in Warren probably comes from
Thoo v The Owners Strata Plan No. 50276 [2011] NSWSC 657 (28 June 2011)
See para 166 – 170 where the SC consider the proxy rules
Impero Pacific Group Pty Ltd v Bonheur Holdings Pty Ltd [2019] NSWSC 286
Para 48 and 49 are interesting and then there is lower level material such as Regis case SCS 05 / 51227 (Miss Balding)
A question about signing of proxy forms. Does the Owner have to sign with a hand written signature for the form to be valid?
Hi Megan, no. This was discussed on this podcast episode: https://yourstrataproperty.com.au/357-electronic-signatures-on-proxy-forms/
Amanda.