Mr Nicholson played for SUCC in the 1950s as a left arm medium pace bowler and for the Veterans’ XI during the 1960s, 1970s and1980s.
A more comprehensive obituary will follow.
James Rodgers
Mr Nicholson played for SUCC in the 1950s as a left arm medium pace bowler and for the Veterans’ XI during the 1960s, 1970s and1980s.
A more comprehensive obituary will follow.
James Rodgers
Incorporation of Sydney University Cricket Club
At the Annual General Meeting on 3 August 2023, the members of the Sydney University Cricket Club will be asked to vote on the following resolution:
That, by special resolution:
1 There shall be an entity incorporated under the Associations Incorporation Act (NSW) 2009, named Sydney University Cricket Club Incorporated (the “Incorporated Club”);
2 The Constitution of the Incorporated Club shall be in the form of the draft constitution accompanying the notice of this meeting;
3 The unincorporated association currently known as the Sydney University Cricket Club (the “Unincorporated Club”) shall be dissolved; and
4 All assets and liabilities of the Unincorporated Club shall, upon its dissolution, be transferred to, and assumed by, the Incorporated Club.
Explanatory note
This note explains the reasons why this resolution is being put to the Annual General Meeting.
Along with all other University of Sydney clubs, SUCC has received the consent and approval from Sydney University Sport and Fitness (SUSF) to convert from an unincorporated association, to an incorporated association pursuant to the Associations Incorporation Act 2009 (NSW). The change in structure will mean that SUCC will become a separate legal entity, and not merely a collection of individuals.
At the Annual General Meeting of the Sydney University Cricket Club, a motion will be put to incorporate the club and adopt a new constitution. The Club’s Board recommends that members vote in favour of the motion. This memorandum sets out the reasons for this change and explains aspects of the new constitution.
The proposed new constitution has been reviewed and consented to by SUSF and Cricket NSW, is a best practice model constitution, and complies in all respects with the Associations Incorporation Act 2009 (NSW).
Reasons for incorporation
A summary of the benefits and disadvantages becoming an incorporated association, or remaining as an unincorporated association
The basic difference between an unincorporated and an incorporated association is that the law does not regard an unincorporated association as having any separate legal identity. Legally, an unincorporated association is no more than a group of individuals who have rights and obligations as between themselves, which are determined by the rules that they agree to be bound by.
The main benefits of incorporation are:
Benefit
Description
Limitation of liability and separate legal personality
An unincorporated association cannot be sued as an entity in itself, which means the members of the club can be held as personally liable.
An incorporated association is a separate legal entity which is capable of being sued. The members of an incorporated club are not individually liable for wrongs done by the club (however committee/Board Members and officers of the club may still be exposed to personal liability in circumstances where they are involved in serious breaches of their duties to the club, such as dishonestly gaining personal advantage).
The material risk is therefore shifted from the committee members and representatives of the club to a corporate vehicle.
Ability to hold property
An incorporated association can own property. Its position in this regard is like a company or an individual. Persons wishing to give property to the incorporated association simply transfer the property to it and the incorporated association becomes the owner of the property. The members of the incorporated association do not have any interest in that property.
Because unincorporated associations have no legal personality, they cannot own property. This means the club’s property is either owned by the members jointly or is held on trust. Both these methods create various practical and legal difficulties.
Ability to enter into contracts
Incorporated associations can enter into and enforce contracts in their own name. Unincorporated associations cannot. If the members of an unincorporated association wish to enter into or be bound by a contract it is necessary for them do so through an individual or individuals. This creates numerous difficulties.
For example, it is sometimes the case that a contract on behalf of a club will be entered into by a member of its committee of management. If the member wishes to leave the club, the contract will have to be novated or a new contract entered into. The counterparty may not agree to this. Further, it will be necessary to satisfy the counterparty that the contract will bind the members of the club in a meaningful way.
SUSF Affiliation Agreement
Whereas, an affiliation agreement entered into by an incorporated club would be managed by the board of that club as it was constituted from time to time. Changes in the composition of that board would not affect the existence of, rights or obligations under that agreement.
Ability to receive grants
Most government sports and infrastructure grants require applicants to be incorporated entities.
Whilst the Board holds the belief that the advantages of incorporation outweigh the disadvantages, it is important to highlight what the disadvantages may be. The main disadvantages of incorporation are set out in the table below.
Disadvantage
Description
Office holder obligations
Committee/Board members and officers of an incorporated club are subject to equitable and common law fiduciary duties, including a duty to act in good faith and in the best interests of the club and to act for a proper purpose. If office holders breach these duties they may be subject to civil and criminal penalties. This obviously can also be seen as a benefit.
Whilst this is expressed to be a disadvantage, it is almost certainly the case that officeholders of an unincorporated association owe certain duties to members, and in some cases these duties may be more onerous than they would be if they were those of an officer of an incorporated club. However these duties in an unincorporated context are less clearly defined, and would be much more dependent on the facts of a specific situation.
Costs
Incorporation requires payment of registration fees, ongoing annual fees and compliance costs that are greater than the compliance costs for unincorporated associations.
Financial reporting requirements
An incorporated association must prepare annual financial statements and reports, which may require independent auditing depending on the size of the association. These reporting obligations are more onerous than those of an unincorporated association, and will be subject to the associated costs for preparation and lodgement of the financial reports. This obviously can also be seen as a benefit.
It is the Board’s opinion that the benefits of incorporation significantly outweigh the disadvantages.
The proposed new constitution
The purpose and effect of the provisions of the proposed new constitution are set out in the table below.
Paragraph
Subject
Comment
1
Name of the club
No change from the current constitution.
2
Definitions
3
Objects of the Club
No material change
4
Powers of the club
The only material change is that the Club is to have the powers of an incorporated entity.
5
Affiliation Agreement
This change is required to reflect the SUSF requirement that clubs enter into Affiliation Agreements with SUSF.
6
Membership
The categories of member reflect the requirements of the SUSF Affiliation Agreement.
7
Application for Membership
This paragraph expands upon the provisions of paragraph 4 of the current Constitution, to reflect SUSF requirements and the requirements for incorporated entities.
8
Register of Members
This reflects the requirements for incorporated associations.
9
Effect of membership
This provision clarifies the relationship between the club and its members, and the rights of members.
10
Discontinuance of membership
This provision sets out the circumstances in which a person ceases to be a member of the club.
11
Discipline
This provision is substantially similar to paragraph 64 of the current Constitution.
12
Subscription and fees
This provision is substantially similar to paragraph 4 of the current Constitution.
13
Transitional provisions
This clause provides for the smooth transition for the club, from an unincorporated association to an incorporated entity. Essentially it provides that office-bearers, Vice-Presidents and Life Members of the unincorporated club will hold the same positions when the new entity is created.
14
Powers of the Board
This provision is substantially similar to paragraph 35 of the current Constitution.
15
Composition of the Board
This provision is substantially similar to paragraph 10 of the current Constitution.
16
Elected Board Members
This provision is substantially similar to paragraphs 12 and 13 of the current Constitution.
17
Appointed Board Members
This is a new provision which clarifies the qualifications sought in appointed Board members, and the term for which they may be appointed.
18
Vacancies on the Board
This provision is substantially similar to paragraph 32 of the current Constitution.
19
Meetings of the Board
This provision is substantially similar to paragraphs 24 to 29 of the current Constitution. It includes a new provision allowing the Board to meet remotely using a form of technology approved by the Board.
20
Delegations
This is a new provision which empowers the Board to delegate specific duties to individuals or sub-committees.
21
SUSF Approval
This provision gives effect to the SUSF Affiliation Agreement and sets out the matters which the Club may not undertake without approval of SUSF.
22
Seal, colours and crest
This is a new provision, enabling the club to utilise a corporate seal, and clarifying the colours and crest of the Club.
23
Annual General Meeting
This provision is substantially similar to paragraph 13 of the current Constitution.
24
Special General Meetings
This provision is substantially similar to paragraph 14 of the current Constitution.
25
Notice of General Meeting
This provision is substantially similar to paragraph 16 of the current Constitution, except that the time for notice is increased from 14 days to 21 days.
26
Business
This is a new provision, which clarifies the business that may be transacted at a general meeting.
27
Notices of Motion
This is a new provision, enabling members entitled to vote to submit notices of motion prior to a general meeting.
28
Procedures at General Meetings
This provision is substantially similar to paragraphs 18 to 22 of the current Constitution.
29
Voting at General Meeting
This provision is substantially similar to paragraphs 20 to 22 of the current Constitution.
30
Grievance procedure
This is a new provision, providing a mechanism for the resolution of grievances within the Club.
31
Funds
This is a new provision, clarifying the manner in which Club funds are to be raised and handled.
32
Records and Accounts
This is a new provision, establishing clear guidance on record-keeping for the Club.
33
Auditor
This provision now reflects the statutory requirements for an incorporated entity.
34
Financial year
This provision identifies the Club’s financial year.
35
Income
This provision further clarifies the manner in which, and purposes for which, the Club’s income may be used.
36
Winding Up
This provision explains the effect of a winding up of the Club.
37
Distribution of property on winding up
This provision explains that, if there is a surplus of assets following a winding up of the Club, that property shall be transferred to SUSF.
38
Alteration of Constitution
This clause provides for the means by which the Constitution may be altered.
39
Regulations
This clause empowers the Board to create Regulations binding on members of the Club (in the same way as the present club has by-laws).
40
Status and Compliance of the Club
This is a new provision, which acknowledges the Club’s relationships with other sporting bodies.
41
Notice
This provision explains how notices are to be provided by the Club.
42
Indemnity
This clause provides that Board members are to be indemnified by the Club for their actions carried out in their capacity as Board members, except where there has been wilful misconduct, gross negligence or fraud.
43
Reserve powers
This provision is required by SUSF and empowers SUSF to investigate alleged impropriety within the Club.
44
Patrons
This provision empowers the Board to invite individuals to serve as Patron of the Club.
CONSTITUTION
Sydney University Cricket Club Incorporated
Table of Contents
2. DEFINITIONS AND INTERPRETATION. 4
10. DISCONTINUANCE OF MEMBERSHIP. 10
13. TRANSITIONAL PROVISIONS. 13
15. COMPOSITION OF THE BOARD.. 14
17. APPOINTED BOARD MEMBERS. 16
18. VACANCIES ON THE BOARD.. 16
19. MEETINGS OF THE BOARD.. 17
22. SEAL, COLOURS AND CREST. 20
23. ANNUAL GENERAL MEETING.. 21
24. SPECIAL GENERAL MEETINGS. 21
25. NOTICE OF GENERAL MEETING.. 21
28. PROCEDURES AT GENERAL MEETINGS. 22
29. VOTING AT GENERAL MEETINGS. 24
37. DISTRIBUTION OF PROPERTY ON WINDING UP. 28
38. ALTERATION OF CONSTITUTION. 28
40. STATUS AND COMPLIANCE OF CLUB. 28
CONSTITUTION
SYDNEY UNIVERSITY CRICKET CLUB INCORPORATED
The name of the Club is Sydney University Cricket Club (Club).
In this Constitution, unless the contrary intention appears:
Act means the Associations Incorporation Act 2009 (NSW).
Affiliation Agreement means the affiliation agreement entered into between the Club and SUSF (if any).
Appointed Board Member means an individual appointed to the Board pursuant to clause 17.
Board means the body managing the Club and consisting of the Board Members.
Board Member means a member of the Board and includes any person acting in that capacity from time to time appointed in accordance with this Constitution.
Chairperson means the President, or any individual appointed to act as chairperson in accordance with clause 19.6.
Clubs Advisory Committee has the meaning given to that term in the constitution of SUSF.
Community Member means a Member who is not a University Member, Junior Member or Honorary Life Member. This includes affiliates and alumni of the University.
Constitution means this Constitution of the Club.
Elected Board Members means the President, Treasurer, Secretary and any other individuals elected to the Board pursuant to clause 16.
General Manager means the person employed by the Club to hold the position of General Manager from time to time, or equivalent position as the case may be.
General Meeting means the annual general meeting or any special general meeting of the Club.
Honorary Life Member means an individual appointed as an honorary life member of the Club under clause 6.2.
Intellectual Property means all rights subsisting in copyright, business names, names, trademarks (or signs), logos, designs, equipment including computer software, images (including photographs, videos or films) or service marks relating to the Club or any activity of or conducted, promoted or administered by the Club.
Junior Member means a Member who is aged 17 years or younger.
Member means an individual admitted as a member of the Club in accordance with clause 7, including:
(a) University Members;
(b) Junior Members;
(c) Honorary Life Members; and
(d) Community Members.
SUSF Annual Member means a person who is registered with SUSF for purposes of participating in sporting activities and using SUSF facilities.
NSO means the National Sporting Organisation for the Sport, being Cricket Australia.
Objects means the objects of the Club as set out in clause 3.
Patron means an individual appointed to the position of Patron in accordance with Clause 44.
President means an individual appointed to the position of President in accordance with clause 16.
Public Officer means the individual appointed to be the public officer of the Club in accordance with the Act (who, unless the Board determines otherwise, shall be the General Manager, when there is a General Manager).
Register means a register of Members kept and maintained in accordance with clause 8.
Regulations means any rules, by-laws or regulations made by the Board under clause 39.
RSO means the Regional Sporting Organisation for the Sport, being the Sydney Cricket Association.
Special Resolution means a Special Resolution as defined in the Act.
Sport means the sport of cricket.
SSO means the State Sport Organisation for the Sport, being Cricket NSW.
Student means a person currently admitted to candidature in an award course at the University of Sydney.
SUSF means Sydney University Sport and Fitness Limited, trading as Sydney Uni Sport & Fitness.
Unincorporated Association means the unincorporated association of the same or similar name to the Club, which existed immediately before the incorporation of the Club under the Act and whose members were the same or similar to the initial Members of the Club.
University means The University of Sydney.
University Member means a Member who is a Student of the University, or a full-time, part-time or casual staff member of the University or of SUSF.
In this Constitution:
(a) a reference to a function includes a reference to a power, authority and duty;
(b) a reference to the exercise of a function includes, where the function is a power, authority or duty, a reference to the exercise of the power or authority or the performance of the duty;
(c) words importing the singular include the plural and vice versa;
(d) words importing any gender include the other genders;
(e) references to persons include natural persons, corporations, universities, partnerships, associations, governmental or local authorities, or bodies politic;
(f) references to a person include the legal personal representatives, successors and permitted assigns of that person;
(g) a reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any legislative authority having jurisdiction); and
(h) a reference to "writing" shall unless the contrary intention appears, be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form, including messages sent by electronic mail.
If any provision of this Constitution or any phrase contained in it is invalid or unenforceable, the phrase or provision is to be read down if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this Constitution.
Except where the contrary intention appears, in this Constitution, an expression that deals with a matter under the Act has the same meaning as it is given under the Act. The model constitution under the Act is expressly displaced by this Constitution.
(a) act, at all times, on behalf of and in the interest of the Members;
(b) encourage, foster, promote, develop and extend the Sport at all levels within the University and the broader community;
(c) if appropriate, subscribe to, become a member of, and co-operate with, any other organisation or association whose objects are altogether or in part similar to those of the Club;
(d) promote the health and wellbeing of the Members as well as the Sport within the University and the broader communities through the provision of sport and recreational activities; and
(e) do all such things or activities which are necessary, incidental or conducive to the advancement of these objects.
The Members shall consist of:
Members (other than Honorary Life Members) must renew their membership in accordance with the procedures set down by the Club in Regulations from time to time.
All persons who are, prior to the approval of this Constitution under the Act, members of the Club shall be deemed Members from the time of approval of this Constitution under the Act.
Having regard to the Act, confidentiality considerations and privacy laws, an extract of the Register, excluding the address or other direct contact details of any Member, shall be made available for inspection (but not copying) by Members, upon reasonable request in writing 48 hours in advance.
Subject to the Act, confidentiality considerations and privacy laws, the Register may be used to further the Objects, in such manner as the Board considers appropriate.
A Member who ceases to be a Member, for whatever reason, shall forfeit all rights in and claims upon the Club and its property, assets and funds and shall not use any property of the Club including Intellectual Property. Any Club documents, records or other property in the possession, custody or control of that Member shall be returned to the Club immediately.
Membership which has been discontinued under this clause 10 may be reinstated at the discretion of the Board, with such conditions as it deems appropriate.
The Board may allocate portfolios to Board Members, other than the President, Secretary and Treasurer, and as determined by the Board from time to time.
The Board shall comprise of at least three Elected Board Members of each gender, subject to nominations being received for at least three Elected Board Members of each gender for election to the Board.
At least two of the Board Members must be Students at the University.
Any casual vacancy occurring in the position of Board Member may be filled by decision of the remaining Board Members from among appropriately qualified persons, or at the discretion of the Chairperson. Any casual vacancy may only be filled for the remainder of the Board Member's term under this Constitution.
In the event of a casual vacancy or vacancies in the office of a Board Member or Board Members, the remaining Board Members may act. However, if the number of remaining Board Members is not sufficient to constitute a quorum at a meeting of the Board, they may act only for the purpose of increasing the number of Board Members to a number sufficient to constitute a quorum.
Subject to this Constitution, questions arising at any meeting of the Board shall be decided by a majority of votes and a determination of a majority of Board Members shall for all purposes be deemed a determination of the Board. Each Board Member shall have one vote on any question. Where voting is equal, the Chairperson may exercise a casting vote. If the Chairperson does not exercise a casting vote, the motion will be lost.
A resolution in writing that has been signed or assented to by any form of visible or other electronic communication by all the Board Members for the time being present in Australia and entitled to vote on the resolution shall be as valid and effectual as if it had been passed at a meeting of Board Members duly convened and held. Any such resolution may consist of several documents in like form each signed by one or more of the Board Members.
At meetings of the Board the number of Board Members whose presence is required to constitute a quorum is five, unless there are 5 or less Board Members, in which case quorum will be two thirds of the total, rounding up.
Unless all Board Members agree to hold a meeting at shorter notice (which agreement shall be sufficiently evidenced by their apology or presence), not less than 14 days’ written notice of the meeting of the Board shall be given to each Board Member. The agenda for the meeting shall be provided to each Board Member not less than four days prior to such meeting.
The Chairperson shall be the President of the Club and will act as chair of any Board meeting or General Meeting at which he or she is present. If the Chairperson is not present, or is unwilling or unable to preside at a Board meeting, the remaining Board Members shall appoint another Board Member to preside as chair for that meeting only.
A Board Member shall declare his or her interest in any contractual, selection, disciplinary, or financial matter in which a conflict of interest arises or may arise. He or she shall, unless otherwise determined by the Board, absent himself or herself from discussions of such matters and shall not be entitled to vote in respect of such matters. If the Board Member casts a vote, the vote shall not be counted. In the event of any uncertainty as to whether it is necessary for a Board Member to absent himself or herself from discussions and refrain from voting, the issue should be immediately determined by vote of the Board. If this is not possible, the matter shall be adjourned or deferred.
A general notice stating that a Board Member is a member of any specified firm or company and that he or she is 'interested' in all transactions with that firm or company is sufficient declaration under clause 19.8. After the distribution of the general notice, it is not necessary for the Board Member to give a special notice regarding any particular transaction with that firm or company.
Any declaration made, or any disclosure or general notice given, by a Board Member in accordance with clauses 19.7, 19.8 and/or 19.9 must be recorded in the minutes of the relevant meeting.
A function, the exercise of which has been delegated under this clause 20, may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation.
The procedures for any entity exercising delegated power shall, subject to this Constitution and with any necessary or incidental amendment, be the same as that applicable to meetings of the Board under clause 19. The entity exercising delegated powers shall make decisions in accordance with the Objects, and it shall promptly provide the Board with details of all material decisions. The entity shall also provide any other reports, minutes and information required by the Board.
A delegation under this clause 20 may be made subject to certain conditions or limitations regarding the exercise of any function. These may be specified in the delegation.
At any time the Board may, by instrument in writing, revoke wholly or in part any delegation made under this clause 20. It may amend or repeal any decision made by a body or person under this clause 20.
Members entitled to vote may submit notices of motion for inclusion as special business at a General Meeting. All notices of motion must be submitted in writing to the Club no less than 14 days prior to the General Meeting.
No business shall be transacted at any General Meeting unless a quorum is present at the time when the meeting proceeds to business. A quorum for General Meetings of the Club shall be more than 10% of Members entitled to vote.
Unless a poll is demanded under clause 28.5, the Chairperson's declaration shall be conclusive evidence of the result of a resolution decided by a show of hands. The declaration does not need to record the number of votes in favour of or against the resolution. The result of the resolution must be recorded in the Club's book of proceedings.
If a poll is duly demanded under clause 28.5, it shall be taken in such a manner and either at once or after an interval or adjournment or otherwise as the Chairperson directs. The result of the poll shall be the resolution of the meeting.
Each Member who, pursuant to clause 6.1 has the right to vote at General Meetings, shall be entitled to one vote per agenda item at General Meetings.
Where voting at General Meetings is equal, the Chairperson may exercise a casting vote. If the Chairperson does not exercise a casting vote, the motion will be lost.
Proxy voting is not permitted at any General Meeting.
No motion shall be determined by a postal or electronic ballot unless determined by the Board. If the Board so determines, the postal or electronic ballot shall be conducted under procedures determined by the Board from time to time.
The Club shall establish and maintain proper records and minutes concerning all of its transactions, business, meetings and dealings (including those of the Club and the Board). It shall produce these as appropriate at each Board meeting or General Meeting.
Proper accounting and other records shall be kept in accordance with the Act. The books, documents and securities of account shall be kept in the care, custody and control of the Secretary.
The Board shall submit the Club's statements of account to the Members at the annual General Meeting in accordance with this Constitution and the Act.
The statements of account, when approved or adopted by an annual General Meeting, shall be conclusive except when errors have been discovered within three months after such approval or adoption.
The Secretary shall cause to be sent to all persons entitled to receive notice of annual General Meetings in accordance with this Constitution and to SUSF, a copy of the statements of account, the Board's report, the auditor's report (if an auditor has been appointed), and every other document required under the Act (if any).
All cheques, promissory notes, bankers, drafts, bills of exchange and other negotiable instruments, and all receipts for money paid to the Club, shall be signed, drawn, accepted, endorsed or otherwise executed, as the case may be, by any two duly authorised Board Members, by persons under written delegation from the Board or in such other manner as the Board determines.
The Board may formulate, issue, adopt, interpret and amend regulations for the proper advancement, management and administration of the Club, and the advancement of the Objects. Such regulations must be consistent with the Constitution and any policy directives of the Board and SUSF.
All Regulations are binding on the Club and all Members.
All clauses, rules, by-laws and regulations of the Club in force at the date of the approval of this Constitution shall be deemed to be Regulations and shall continue to apply (provided that such clauses, rules, by-laws and regulations are not inconsistent with or replaced by this Constitution).
Amendments, alterations, interpretations or other changes to Regulations shall be advised to Members by such means as are determined and approved by the Board from time to time. The Club shall take reasonable steps to distribute such changes to Members. All changes are binding on all Members.
The Club is a Member of the NSO, SSO and RSO (as applicable) and is recognised by those bodies as the entity responsible for the delivery of the Sport in the local area in accordance with the Objects but subject always to compliance with this Constitution. The Club shall conform to the NSO, SSO and RSO’s constitutions.
(a) Where the Board of SUSF becomes aware that there are alleged financial, electoral or other governance irregularities concerning the Club and the Board of SUSF believes that the irregularities may be of a serious nature, the Board of SUSF may recommend to the Vice-Chancellor of the University that the internal auditor of the University or an appropriately qualified external expert with experience in the not-for-profit or community sector (investigator) to carry out an investigation (investigation) into the alleged irregularities.
(b) Before making any such recommendation to the Vice-Chancellor, the Board of SUSF will consult with the Board of the Club.
(c) The Vice-Chancellor, having considered any recommendation under this clause, may authorise an investigation.
(d) Any authorisation by the Vice-Chancellor of an investigation must be reported to the Board Members of the Club, and unless the Vice-Chancellor believes there is good reason not to do so, to the Members of the Club.
(e) Board Members, staff and members of the Club must provide the investigator with all such information and documentation as the investigator might reasonably require.
(f) Upon completion of the investigation, the investigator must report the findings and any recommendation to the Board of SUSF, who may take any one or more of the following actions having regard to the findings or the recommendations.
(i) Appoint, for a specified temporary period, an administrator with power to do all things necessary or convenient to be done for or in connection with, or incidental to, the management of the affairs of the Club;
(ii) Remove Board Members, and require that the Club elect new Board Members;
(iii) Appoint, for a specified temporary period, an external auditor for ongoing monitoring and appraisal of the Club; and
(iv) Implement such other steps which take account of the findings or recommendations of the investigation.
(g) The Board of SUSF will report to the Vice-Chancellor, in a timely way as required by the Vice-Chancellor, on any action taken or proposed to be taken pursuant to this clause 43 and will recommend how and to whom further reports will be made.”
The Board may, by ordinary resolution, invite one or more persons to act as Patron or Patrons of the Club for such a term as the Board may determine. Each person appointed as Patron shall be entitled to receive notice of, and attend and participate at, meetings of the Board and general meetings, but shall not be entitled to vote (unless he or she is entitled to do so in some other capacity). For the avoidance of doubt, a Patron is not a member of the Board.
APPROVED BY THE MEMBERS OF THE CLUB AT THE GENERAL MEETING
ON THIS DAY THE _______ DAY OF ___________________, _____________
Chairperson of General Meeting:
………………………………………………..
Name
………………………………………………..
Position
………………………………………………..
Signature
………………………………………………..
Date
NOTICE OF THE SYDNEY UNIVERSITY CRICKET CLUB ANNUAL GENERAL MEETING
28TH June 2023
Dear Members, Players and Supporters
Notice is hereby given that the Annual General Meeting of the Sydney University Cricket Club will be held on Thursday 3rd August 2023 commencing at 6:30pm.
Venue: Tag Family Foundation Grandstand
Oval No.2 (SUFG)
Function Room No.1 Level 2
Regimental Drive
University of Sydney
2050
This meeting will also be available via the zoom link below.
Join Zoom Meeting: https://us06web.zoom.us/j/88215499858?pwd=MWx2Rm15WXFtWHdaZDhPU2FpbURiUT09
(ID: 89426833875, passcode: 036598)
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___________________________________________________________________________
AGENDA
Apologies
Chairman’s welcome
Approval of the previous minutes
Business arising from the previous minutes.
Adoption of the One Hundred and Fifty Eighth (159th) Annual Report, and Financial Accounts
CNSW/SCA updates:
· Representatives to be confirmed
Board Reports
I. VP Finance
II. Foundation Chair
III. General Manager
IV. Director of Cricket (presented to the Board during the end of May Meeting on completion of his contract).
Election of Office Bearers
· Patron (by invitation)
· President (by invitation)
· Chairman (by nomination)
· Senior Vice Presidents (by nomination)
Ø Operations
Ø Finance & Administration
Ø Marketing & Membership
· Honorary Secretary (by nomination)
· Honorary Treasurer/Undergraduate Member (by nomination)
· Foundation Chair (ex officio)
· Alumni Engagement (by nomination)
· Two Delegates to the SCA and one Delegate to NSWCA (by invitation)
· Club Captain (by nomination)
· Director of Cricket (ex officio)
· Executive Officer (ex officio)
· Indigenous Youth Academy and Chairman of Selectors (by invitation)
Vice President Invitations
Special Resolution on Incorporation: see attached document
General Business
Any Other Business
By order of the Board of Management
Colin Robertson
General Manager
Sydney University Cricket Club
_____________________________________________________________________________________Minutes of the 2022 Sydney University Cricket Club Annual General Meeting
Date 28th July 2022
Venue: via Zoom
Time: 6:30pm
Attendees: Adam Theobald (Chairman), Bruce Collins QC (President), Colin Robertson (General Manager), Murray Creed (Director of Cricket), James Rodgers, Hartley Anderson, Tom Kierath, Liam Robertson, Dave Miller, Phil Logan, Mark Faraday, Oliver Zannino, Ryan McElduff, Russell Cowell, Anand Karuppiah, Rex Greaves, Ed Cowan (CNSW), Greg Mail (CNSW), Graham Gorrie (SCA), John Kilford, Ash Cowan, Alasdair Grant, Greg Cade, Ron Alexander
Apologies: Tim Cummins, Andrew Ridley.
AGENDA
Chairman’s Welcome
Approval of the Previous Minutes and Business Arising
Adoption of the One Hundred and Fifty Eighth (158th) Annual Report, and Financial Accounts
CNSW/SCA Updates
Board Reports
Election of Office Bearers
Vice President Invitations
BUSINESS OF THE MEETING
CHAIRMAN’S WELCOME
The Chairman of SUCC, Adam Theobald, welcomed all attendees to the meeting, with a special welcome to Cricket NSW board member, Ed Cowan, Cricket NSW General Manager Cricket, Greg Mail and SCA Delegate, Graham Gorrie. The year in focus was again impacted in its early stages by COVID, and throughout by inclement and ongoing weather. The Chairman thanked everyone involved for their efforts in ensuring the season ran as smoothly as it did. It was noted that the season carried mixed results for the Club with First Grade falling short in the Kingsgrove Twenty 20 Cup final, First and Fifth Grade missing out on finals, Second Grade knocked out in the quarter final, Third, Fourth and Metropolitan Cup Grades knocked out in the semi-finals. The Chairman emphasised that given the trying circumstances, Director of Cricket, Murray Creed, in his first year performed admirably and was well received by the club’s members.
APPROVAL OF THE PREVIOUS MINUTES AND BUSINESS ARISING
The Chairman, Adam Theobald, moved that the minutes of the previous Annual General Meeting be passed as a true and correct record.
IT WAS RESOLVED:
The movement was ratified by Bruce Collins, seconded by Tom Kierath, and it was passed that the previous meeting’s minutes were a true and correct record. With no other business arising from the previous minutes the meeting progressed.
ADOPTION OF THE ONE-HUNDRED AND FIFTY EIGHTH (158th) ANNUAL REPORT
The Chairman, Adam Theobald, presented the 158th Annual Report and Financial Statements to the meeting. The Chairman cast special thanks to General Manager, Colin Robertson, Club Patron, James Rodgers, Honorary Secretary, Hartley Anderson and Max Bonnell for their significant and meaningful contributions to the development of the document. The Chairman moved that the 158th Annual Report be adopted as SUCC’s Annual Report.
IT WAS RESOLVED:
The movement was ratified by Bruce Collins, seconded by Colin Robertson, and the 158th Annual Report was adopted as the club’s Annual Report.
CNSW / SCA UPDATES
I. GRAHAM GORRIE – SCA CHAIRMAN The SCA Chairman, Graham Gorrie, addressed the general meeting, thanking the Board for the invitation to attend the meeting. The SCA Chairman noted that one-hundred and fifty-eight years was truly a remarkable achievement for SUCC. It was highlighted that there were many distractions and obstacles in the year in focus but expressed thanks towards SUCC for their ongoing efforts and presence within the SCA as well as commending SUCC on their performances throughout the year. The SCA Chairman spoke to the increase in livestreaming throughout the year in focus, emphasising that the Women’s game was having an increasing presence online and that Kayo was becoming a more regular streaming platform for the competition. It was also noted that the number of reportable offences across competitions reduced drastically, with only 23 events, none of which went to the judiciary with all individuals involved accepting the initial punishments handed down. The SCA Chairman added that a premier cricket survey was conducted in early June, with the feedback resulting in a return to a more conventional season in the upcoming year with more two-day cricket and additional Sunday free weekends included. The SCA Chairman confirmed that grants would be maintained in line with prior seasons, with ACA grants also being made available with similar criteria to previous years. Finally, it was noted that many clubs would be experiencing ground issues, and the SCA would thank all clubs for their collective efforts in assisting where possible.
II. ED COWAN – CNSW BOARD MEMBER CNSW Delegate, Ed Cowan, addressed the general meeting and spoke with particular regard to CNSW’ focus on prioritising grassroots and club cricket in order to ensure the long-term stability of the sport in New South Wales. It was noted that CNSW had set a bullish goal of doubling participants aged 5-12 in the game by 2025. As a result, funding to clubs has increased by 3% this year despite CNSW operating at a loss of $650k (budgeted to break-even) and Cricket Australia cutting funding to the states by 7.5% YOY over the last few years. It was also highlighted that playing participants across the game had reduced by 3% in the year in focus.
III. GREG MAIL – CNSW GENERAL MANAGER CRICKET CNSW General Manager Cricket, Greg Mail, addressed the general meeting and spoke to CNSW’ focus on connecting with regional NSW and their desire to draw from the extraordinary talent pool available. CNSW General Manager Cricket emphasised that SUCC was well placed to benefit from this talent pool given the University relationship which exists. It was noted that SUCC should be extremely proud of Hayden Kerr’s career development in the last few seasons, and in particular the last twelve months. This was identified as a clear example of how players from this region can reach the professional arena. There was discussion around the arrangement existing between CNSW and Cricket ACT which had tied ACT/NSW Country together in recent years. It was noted that this relationship would not be renewed moving forward and that the underage NSW teams would no longer include the ACT, whilst for 2022/23 the 2nd XI team would remain as a combined ACT/NSW Country team.
BOARD REPORTS
a) LIAM ROBERTSON – VP FINANCE
Vice-President Finance, Liam Robertson, addressed the general meeting and highlighted that SUCC operated at an $8k deficit in FY21, with income $50k lower than budget largely due to a strategic decision to hold off on receiving the foundation allotment the club was eligible to receive. It was noted that registration numbers have increased whilst registration fees have reduced by 30% in order to ease the financial burden on the playing group. The subsequent increase in registration numbers has eased cost pressures for the club.
b) OLIVER ZANNINO – CLUB CAPTAIN:
Season 2021/22 would be described as a decently successful season from the players perspective with 3 grade and 1 Metro Cup teams making it to finals. There were some really strong performances from younger players which augers well for the future.
Training facilities were outstanding due to the fact that we were always able to train in around wet weather/COVID indoor restrictions. Ranging from St Paul’s, Drews Centre wickets, indoor and outdoor and the University No.1 Oval meant we were very lucky. Practice wickets were quite good throughout a wet season so the ground-staff did a pretty decent job in preparing these when they could – Alex Gill was a pleasure to work with.
Grant Lambert and Murray Creed’s Wednesday morning sessions were really beneficial to all those who attended. The fact we had access to the upstairs cardio gym throughout all training sessions meant there was always opportunity to get some fitness in alongside your cricket related training which I thought was excellent.
Attendance at Club Events, particularly the 1st Grade T20 Final at Blackburn Oval was good and there was general good feeling around the group at training and on game day. Some events were Covid impacted and given the constraints the club did a very good job of improvising where necessary, highlighted by the virtual Trivia Night. All the while when regulations permitted the Tox were able to host us and looked after us very well. A big thank you to Robyn and Hal who were super accommodating.
The Christmas Party down at No.1 Oval was very well attended and our thanks go out to Surjit’s c\Catering for putting on a fantastic meal. This is fast becoming a tradition at the Club.
Viki Stanton once again was the most wonderful host and provider of fantastic food from the canteen. We are privileged to have someone of Viki’s calibre working in our club.
The Presentation Evening at the Royal Sydney Yacht Squadron once again proved a huge success together with the Annual Golf Challenge at the St. Michaels Golf Course. What I thought was good about these events is that there was always a purpose behind them. They weren’t just a random date set to bring the players together. I think this worked really well as it gave the players that extra incentive to attend and socialise together.
Finally, I would like to thank the board for giving me the chance to be Club Captain. It has been an honour and a great responsibility Thank you to Col for all his help along the way.
c) MURRAY CREED – DIRECTOR OF CRICKET:
Most people in Sydney Grade Cricket would agree that due to the impacts of covid and wet weather,
2021/22 was one of the most challenging and disruptive seasons one can remember. Behind the
scenes the ground staff, coaches, captains, and Colin went above and beyond to make training,
fielding teams and playing fixtures possible.
Highlights of the season were 1st grade winning the T20 Thunder competition and making the
Kingsgrove Sports T20 final. Our 2nd grade made the quarter finals. The 3rd and 4th grade teams had
strong years and had weather impacted semi-finals preventing an equitable contest. The SUCC
Metro Gold team under Henry Cain played very well this year finishing top of the ladder in the
regular season. Finishing fifth in the Club Championship and eighth in 1st grade are things to improve.
Whilst SUCC does not have the number of current first class and 2nd XI cricketers it has enjoyed in
previous years, we still have very strong squads. We will need to get more results from a couple of key players and obtain recruits particularly in the fast-bowling department for 1st grade and young
batters for the lower teams.
Most players have indicated training and coaching was effective considering the challenging
situation. We need to be mindful of offering good sessions and value for players who arrive late to
training. Further, we need to make sure that resources are well distributed throughout the group.
Selections this season were particularly tough with many late withdrawals and at time differing
philosophies between coaches and captains. Phil has been fantastic in his role and deserves a huge thanks.
Clarity from the board on selections particularly with regards to picking young vs old players would
be welcome.
Nick will not be continuing in his role as 1st team coach. Next season he will assist the coaching team
more on a targeted small group and individual level. As we know Rhys is leaving. Bringing on two
new assistant coaches is a high priority. I will assist 1st grade players slightly more than last year
whilst still devoting time to all the teams.
The elite athlete program is adding value in particular to the new members of that group who are
benefitting from the personalised skill sessions. Work can still be done on utilising time and session
focus more efficiently, ie. strength sessions vs mental, fielding or cardio work.
We are all looking forward to building on this season in 2022/23.
d) COLIN ROBERTSON – GENERAL MANAGER
The delayed start was always going to be a challenge and Colin Robertson thanked CNSW, the SCA and Murray Creed (Director of Cricket) for their planning and communication to assist with the navigation of these unusual challenges. He also thanked the playing members, Phil Logan and his selection committee including Rhys Williams, the Captains and Murray Creed for the unbelievable amount of time spent in selection meetings due to the entire season being one day matches. Through the board, we reduced our membership fees to the players and this was extremely well received. I thank the board and all the members for their initiative with this and for their guidance and assistance throughout the year.
Colin also mentioned that whilst the season did not yield the trophies we expect of our club, it did highlight the changing of the guard with excellent opportunities for younger players to prove themselves and progress through the grades.
Anand Karuppiah and his team worked tirelessly during the Green Shield season and this showed with competitive on field performances. These individuals along with all the volunteers are what keeps the club going through difficult times. Colin thanked the entire team involved.
The reduced number of social events due to Covid were very successful with the Christmas Party catered by Surjit himself, the Awards Evening at the Royal Sydney Yacht Squadron and the very well attended golf day being the highlights of the social calendar.
Colin also noted the picket fence is a project being worked on to have it replaced this year and more drainage will be installed on No.1 Oval prior to season 2022-23.
All the valued sponsors FDC, HWL, The Toxteth and Surjit’s Indian Restaurant together with SUSF, the SCA, CNSW and CA were acknowledged by Colin, for their continued support of Premier Grade Cricket in Sydney and in particular SUCC.
Colin lastly thanked Adam Theobald for his patience and direction in helping him settle into the role and acknowledged that he leaves the Board and Club in a position of strength.
ELECTION OF OFFICE BEARERS
a) Patron – James Rodgers, continuing by invitation
b) President – Bruce Collins, continuing by invitation
c) Foundation Chair – Dave Miller, invitation
d) General Manager – Colin Robertson
e) Director of Cricket – Murray Creed
f) Chairman of Selectors – Phil Logan, continuing by invitation
g) Chairman – Mark Faraday, nominated by Bruce Collins, seconded by Tom Kierath
h) Club
i) VP Operations – Tom Kierath, nominated by Liam Robertson, seconded by Adam Theobald
j) VP Finance – Liam Robertson, nominated by Dave Miller, seconded by Bruce Collins
k) VP Memberships – elected not to fill this role, TBA following the incorporation of SUCC
l) Honorary Secretary and Alumni Engagement – Hartley Anderson, nominated by Colin Robertson, seconded by Bruce Collins
m) Honorary Treasurer – Ryan McElduff, nominated by Colin Robertson, seconded by Bruce Collins
n) Club Captain – Rex Greaves, nominated by Adam Theobald, seconded by Colin Robertson
o) SCA Delegates – Colin Robertson and Murray Creed, both continuing
p) NSWCA Delegate – Colin Robertson (Hartley Anderson as proxy), both continuing
VICE PRESIDENT INVITATIONS
Club Patron, James Rodgers, moved that Russell Cowell be nominated as Vice-President of SUCC for his ongoing support and work for the club.
IT WAS RESOLVED:
·Russell Cowell was appointed Vice-President of SUCC, with all in attendance in favour of the nomination.
There being no further business arising, Adam Theobald closed the meeting at 8:00pm after thanking all in attendance.
The Sydney University Cricket Club would like to thank the parents and the Adams Cricket Academy for their help and support in making the the 2023 Tour of India to New Delhi a reality.
The experience of a life time for our 2023/24 Green Squad.
Our thanks to Daphne Benaud for allowing us to publish this article on our website.
Hartley Anderson
Michael Tonkin Hand Surgeon
Professor Michael Tonkin, a former Sydney University Cricket Club Player, was awarded a Member of the Order (AM) in yesterdays King’s Birthday Honours, for services to medicine as a hand surgeon, and to professional associations.
The entire SUCC community sends their congratulations.