South Australian Racing Clubs Council press release

[Dogwatcher]

Press Release
By SOUTH AUSTRALIAN RACING CLUBS COUNCIL INC (“SARCC”) , JOHN GLATZ, JOHN McKINNON, DAVID McNAMARA, REGINALD NOLAN ,GARRY QUIGLEY, MARTIN MILES, MARY BIRNIE, IAN McCLEERY, PETER BURDON and SHARON CIMAROSTI
31 July 2007
1. The Supreme Court action commenced by John Glatz, John McKinnon, David McNamara, Garry Quigley and Reg Nolan (all called the Plaintiff Group) and Oakbank Racing Club Inc against Martin Miles, Mary Birnie, Ian McCleery, Peter Burdon and Sharon Cimarosti, (all called the Defendant Group) and SARCC which was due to recommence in Court on Monday 30 July 2007 has been settled. All parties are of the same opinion that this settlement has been reached for the betterment of racing in South Australia.
2. The issues in the court case arose in relation to the validity of the calling by the Defendant Group of a SARCC Committee meeting on 26 June 2007 and the passing by that Group of resolutions rescinding resolutions already passed by the Committee at its meeting on 12 June 2007. Those 12 June resolutions were to appoint Ms Nelson QC as a SARCC director on a new thoroughbred racing controlling authority board and Messrs McKinnon and Quigley to be the SARCC representatives on a Selection Panel the task of which was to select five directors of that new controlling authority board. The Plaintiff Group had opposed this action and argued that the meeting had been called other than in accordance with proper expectations as to timing and notice. They argued that the resolutions passed at the 26 June meeting were null and void ie of no legal effect.
3. In the settlement, the Defendant Group accept and agree that the meeting of the 26 June and the purported resolutions passed at it were null and void and that the 12 June 2007 resolutions are still valid. However, and to the degree necessary in substitution of the 12 June 2007 resolutions, all parties agree to now proceed on the following basis.
4. Assisted by a suggestion of the Minister for Sport Recreation and Racing, it is now agreed that the process for SARCC’s role in selecting new members of the controlling authority board is that Messrs Quigley and McKinnon along with Ms Birnie and Mr McCleery will represent SARCC’s interests on the Selection Panel along with two representatives of the SAJC. The groups have agreed to collaborate and start afresh in the selection process and that, if all six Selection Panel members cannot come to a unanimous agreement about who should fill each specialist category of the director positions within a reasonable time, then the non unanimous candidates will be referred to a truly independent human resources consultant to consider, assess, investigate and decide. There will be some amendment to some of the 12 June 2007 resolutions to give effect to this
5. Additionally, the Defendant and Plaintiff groups have agreed that it is imperative to work together, now, and take such reasonable time as is necessary in doing so, to analyse the implications for provincial, country and Oakbank thoroughbred racing clubs:
5.1. arising from the proposed changes to the way thoroughbred racing is to be administered, and
5.2. from changes to the Constitution and ownership of Thoroughbred Racing SA Limited
so as to ensure their members clubs’ interests are protected going forward. A meeting of the Committee of SARCC is to be held next week to commence that work.

[another grub]

anyone heard anything on the possible court case?

scoob I know you are pretty close to the action....whats going on?

[Dogwatcher]

That is the court case - they've settled out of court.

[scoob]

Did you read the post at all AG... Court case is off due to the compromise struck by the 2 factions of SARCC... Dont want to comment further due to the legal implications and accusations being thrown around. All I will say is that the sooner they get an representative elected transparently, who has the support of the all parties the better. Lets get SA racing back to what it should be.