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Notice to members: Conclusion of Federal Court Case

10 March 2020

ACS, the association for Australia’s technology profession, today advised members of the conclusion of the Federal Court case and finalisation of the case management hearing process.

In short minute orders (No. NSD 1892/2019) posted to the Federal Court website, applicant costs have been agreed and the proceedings are otherwise dismissed.

On the 23rd of December 2019, the Court declared that the convening of the ACS general meeting held on 25 October 2019 was invalid, and that the special resolution passed at the general meeting held on 25 October 2019 was also invalid.

With the proceedings now dismissed, plans on how to transition to a Company Limited by Guarantee will be reassessed.

Since being founded in 1967, ACS has been an incorporated association registered in the Australian Capital Territory. In 2017 ACS laid out its five-year Strategic Plan focusing on boosting the profession’s capacity and capability while positioning ACS as a catalyst for sparking innovation.

Following the release of the Strategic Plan, ACS consulted with almost 200 elected members on the suitability and limitations of its existing association-based governance model. After the review, ACS' National Congress unanimously recommended at its December 2018 meeting for ACS to migrate to a Company Limited by Guarantee while maintaining its not for profit status.