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QNA OCs on Terms Entitlement and Liabilities

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Question: Is there any way to have liabilities changed without having 100% agreement?

Is there any way to have liabilities changed without having 100% agreement? We have a vast majority of votes returned in favour of a review. However, we cannot even get 75% of eligible votes for anything.

Answer: We don’t need to do entitlement contemporaneously.

We’ve been using the terms entitlements and liabilities collectively. They don’t have to be dealt with separately. You might, for example, unanimously seek to resolve or apply to VCAT to change only the lot entitlement or the lot liability. You’re not necessarily having to do both. I’ve just taken that question and I’ve fashioned the fact that it does refer to lot liability only. I’ve taken that part of it and said ‘I think it’s a good question because it makes it clear to us that we can just make an application or unanimously resolve in regards to liability. We don’t need to do entitlement contemporaneously.
 

Tim Graham
Bugden Allen Graham Lawyers

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