01
Build the voting map before the meeting
Review the register as at the meeting date, claim orders, security, affiliation, assignments and pending objections. Model quorum and each agenda outcome, including matters requiring a majority of all registered voting claims.
- Register
- Voting eligibility is fixed by the register on the meeting date.
- Agenda
- Identify jurisdiction and majority for each question.
- Proxy
- Verify authority and the scope of the representative’s mandate.
- Scenario
- Model initial, reconvened and disputed outcomes.
02
Exclusive meeting powers cannot be delegated
The meeting determines the core direction: rehabilitation, external administration or liquidation applications, settlement, formation and composition of the committee, appointment of a representative and other statutory matters. Delegation is possible only where the statute does not reserve the question.
03
Creditors can compel a meeting and settle the wording of the agenda
A meeting may be initiated by the office-holder, committee, creditors holding at least 10% of registered claims, or one third of the number of insolvency creditors and authorities. The office-holder may not rewrite their questions and generally has three weeks to hold the meeting.
04
Quorum follows votes, not headcount
The initial meeting requires holders of more than half of all registered votes. A reconvened meeting requires more than 30%, subject to proper notice. Register, proxy or counting errors can therefore defeat the meeting itself.
05
Voting power follows the registered claim excluding sanctions
Voting is proportionate to qualifying principal and interest; penalties, default interest, lost profit and financial sanctions are excluded. A secured creditor votes only in statutory cases, so its precise procedural status must be settled before registration.
06
Do not confuse a majority present with a majority of all claims
The default is a majority of votes present. Key Article 15 matters—including procedure, office-holder or SRO, committee, settlement and additional agenda questions—require a majority of all registered voting claims.
07
The first meeting sets the case trajectory
It addresses the financial analysis, next procedure, office-holder or SRO, committee and funding. A creditor should enter the register on time, obtain materials early and prepare alternative draft resolutions.
08
The committee turns a one-off vote into continuing supervision
A committee of 3–11 individuals can demand information, supervise the office-holder, convene meetings and recommend removal. Members are elected cumulatively; each has one non-transferable vote and decisions require a majority of the full committee.
09
A procedural defect matters when rights or statutory competence are affected
A court may invalidate a resolution that infringes rights or exceeds the meeting’s powers. A properly notified applicant has 20 days from the resolution; an unnotified applicant has 20 days from actual or constructive knowledge, subject to a six-month longstop. Interim relief should prevent implementation while the challenge is pending.
10
A complaint must connect duty, breach and prejudice
Article 60 covers withholding records, delayed inventory or sale, unreasonable costs, conflicts, failure to recover assets or challenge transactions, and convening or disclosure breaches. Identify the creditor right affected and the precise relief required.
11
Removal is not automatic for every error
Build evidence of a material breach, loss risk, bad faith or lack of independence. Compare a meeting resolution, committee recommendation, court complaint, SRO route, damages and administrative remedies, then choose the proportionate tool.
12
A coalition should pursue economics, not a bare majority
Align secured, trade, tax and intragroup interests around sale economics, new funding, settlement or a change of office-holder. Record conflicts and avoid arrangements capable of being characterised as abuse.
13
Meeting and complaint file
Current register; claim orders; official publications; demand to convene and receipt; notices; proxies; attendance register; ballots; minutes and materials; recordings where available; vote calculation; written objections; requests and replies; evidence of breach and economic consequence.