Alinta Limited (ABN 11 119 985 590), in the matter of Alinta Limited (ABN 11 119 985 590) No 2 [2007] FCA 1378

REASONS FOR JUDGMENT 1 On 2 July 2007, the Court made orders under s 411 of the Corporations Act 2001 (Cth) (the Act) for Alinta Limited (the Company) to convene meetings of its members for the purpose of considering and, if thought fit, agreeing to schemes of arrangement. The constitution of the Company provides that notice of a meeting of members may be sent by electronic message to an electronic address nominated by the member. That provision is in accordance with the regime provided for in ss 249J(3) and 249J(3A) of the Act, which recognises the significance of the Internet as a means of communication. Some 12,747 members of the Company have elected to receive notification from the Company by email sent to an electronic address nominated by the relevant member for that purpose. 2 The Company seeks, in effect, the indulgence of the Court to vary the regime that was laid down on 2 July 2007 to provide that, instead of sending documents to certain members physically, those members who have elected to receive notices electronically, be notified of the meetings electronically. Section 412 of the Act provides that where a meeting is convened under section 411, the company must send certain material to the members. That provision does not appear to recognise the regime provided for in s 249J. However, under s 1319 of the Act, where the Court orders a meeting to be convened, the Court may, subject to the Act, give such directions with respect to the convening, holding or conduct of the meeting and such ancillary or consequential directions in relation to the meeting as it thinks fit. I do not consider that acceding to the Company's request would be inconsistent with any other provision of the Act. 3 Accordingly, I propose to make orders that those members of the Company who have given notice to the Company that they may be notified of meetings electronically be notified of the meeting convened by the Court in that manner. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.