A final decision on whether the April EGM was valid will likely be delivered just hours before the annual general meeting begins.
Current, former and suspended members of the RACP board (or their lawyers, at least) will return to the NSW Supreme Court next Wednesday – just 48 hours before new board members are due to take office.
Until Monday this week, president-elect Dr Sharmila Chandran was set to take the top job at next Friday’s AGM.
She has since been suspended from the RACP board by the Australian Charities and Not-for-profits Commission for failing to comply with workplace health and safety obligations.
The college is now seeking an injunction from the Supreme Court of NSW to prevent the AGM going ahead, pending further confirmation on whether the outcomes announced at the now-infamous April Extraordinary General Meeting was valid.
Appearing before Justice David Hammerschlag today, a lawyer representing Dr Chandran argued that the AGM should go ahead as planned and the results of the EGM could be ironed out later.
His main argument was that there should be two hearings – one before the AGM and one after – which would decide on whether to postpone the AGM and whether the EGM was valid, respectively.
Both sides agree that, if it proceeds, the AGM will be entirely valid.
The main function of this AGM will be to officially induct new board members, including a new president-elect.
Voting has already closed, and the incoming board has been announced.
Dr Chandran will not be able to take up the position of president until late September at the earliest due to the ACNC suspension.
It’s unclear who will be president in her absence. The new president elect, Dr Julian Kelly, cannot take up the president position, even temporarily, until the AGM happens and he is officially made a member of the board.
Dr Chandran’s counsel said his client was in favour of the AGM proceeding so the new board members could join and because the logistical arrangements had already been made.
The RACP’s legal team, which is arguing for the AGM to be postponed, claimed that the current composition of the board was still in question following the EGM and that college staff were already under a considerable amount of pressure.
If the EGM is ruled valid, then current president Professor Jennifer Martin will not be allowed to chair the AGM. If it is ruled invalid, she will be.
Thursday’s court hearing was to determine which matters would be heard and when.
Ultimately, Justice Hammerschlag considered that the two core issues – whether the AGM should proceed and whether the EGM was valid – could be decided in one hearing at 10am, Wednesday 27 May.
He felt that there was enough time between Wednesday morning and the Friday afternoon AGM for a judge to make a decision, if not release the full reasoning.
The presiding judge, likely to be Justice Francois Kunc, is set to go on leave the following week.
This means it could be several weeks between a decision being passed down and the full legal reasoning for that decision being revealed.
“That’s just life in the big smoke,” Justice Hammerschlag remarked.
Justice Hammerschlag’s full orders were as follows:
1. Fix the matter for final hearing on 27 May 2026 at 10am before Kunc J.
2. By 10am on 25 May 2026, the defendants are to serve a precis of any evidence they intend to lead at the hearing. The evidence from the defendant which is not on affidavit may be led orally. The plaintiff may lead any evidence in reply orally but is to be identified in the precis to be served by it by no later than 2pm on 26 May 2026.
3. The parties are to provide to the chambers of Kunc J by 4pm on 26 May 2026 a Court Book containing brief written outlines by the parties not exceeding two pages, the affidavit material and any precis served together with any primary documents which are to be chronologically sequenced so far as practicable and consecutively numbered without tabs. The Court Book is to be contained in working ring binders, none of which is to be filled beyond their working capacity and accurately hole-punched.
4. Vacate the 25 May 2026 return date of interlocutory process filed 20 May 2026.
5. Stand the interlocutory process over on 27 May 2026 at 10am before Kunc J.
6. Liberty to apply on 12 hours’ notice to be given in business hours.
