THE AUSTRALIAN FOUNDATION

Minutes of the 41st Annual General Meeting of Members held at the Royal South Yarra Lawn Tennis Club on Monday 26th November 2012 at 8.00pm

PRESENT: Messrs T J Dohnt (Vice President and Chairman of this meeting); D G Williams (Vice-President) G K Cumbrae-Stewart OAM (Hon Secretary); R Jamieson (Hon Treasurer); J W Sweeney; I M Johnson; R T Hinton; A J Cobb; C H Mason; J B Fitzgerald OAM Messrs A Pullyblank; B McMillan; D J O’Brien; R W Parker; J Bryan; B R Tobin AM; Mesds D Johnson; J Pullyblank; H Cumbrae-Stewart; R Petersen; A Simonson; K Johnston; and 82 other Members together with 2 guests signed the attendance register.

APOLOGIES: The Hon Secretary indicated that:

Messrs Neale Fraser AO MBE (President); Mrs S M Newland (Director); Steve Wood (CEO Tennis ); Mrs Thea Fraser; Richard Newland; Laurie Woods; Frank & Jean Sedgman; Malcolm & Glenice Bergmann; Gordon and Jacqueline Moffatt; Julie Viney; Clarissa Starey; Bardie & Margaret Russell; Marjorie Russell; Nancy Entink; Kevin Howard; Barbara Fleischer; Ann and John Quinn (UK); Jillian Cobb; Frank Hennessy; Alan Trengove;Shirley Westerberg; Glenis Head; Jan Neuhofer; Jill Anjou and Margery Mould had each formally apologised for their inability to attend the Meeting.

He informed the meeting that the apologies of another 10 members had been recorded on the lists provided at the entrance to the meeting room. No further apology was tendered from the floor.

The Hon Secretary informed the meeting that the absence of the President was attributable to his concurrent ill-health and he proposed that Mr Trevor Dohnt (Senior Vice-President) be and be hereby invited to Chair the meeting. The motion was passed unanimously.

The motion was adopted without dissention and Mr Fraser was wished a swift and complete recovery.

NOTICE OF MEETING: At the request of the Chairman, The Hon Secretary read the Notice convening the 41stAnnual General Meeting of Members of the Foundation.

QUORUM & REGISTERS: On the advice of the Hon Secretary, the Chairman declared a Quorum to be present and indicated to members that the Register of Members and that the Register of Directors were now tabled and would remain open for inspection for a short period immediately following the closure of the Meeting.

OPENING & WELCOME: The Chairman declared the Meeting to be open and extended a warm welcome to all present and particularly to those who had journeyed from country regions or from interstate and to others who, for the first time, were attending an Annual General Meeting of the Foundation.

OBITUARIES: The Chairman drew attention to the passing in August of Jack May and of the Reverend Father Gerry Sullivan, both of whom had served the Foundation over many years with great personal distinction. He invited

1 members to observe a brief period of silence in remembrance of all members who had passed away during the year under review.

PROXIES: The Hon. Secretary informed the Meeting that no member had expressed an intention to appoint a proxy and none had been received.

MINUTES: Having been distributed to all Members with the Notice and Agenda for this Meeting, the Hon Secretary proposed that the Minutes of the 41st Annual General Meeting of Members be and be hereby RECEIVED, TAKEN AS READ and CONFIRMED.

The Motion was RESOLVED in the affirmative.

RECEIPT OF ANNUAL RESOLVED that the Annual Report of the Foundation for the year REPORT: ended 30th June 2012 be RECEIVED.

PRESIDENT’S ADDRESS: The Chairman spoke to the President’s report, noting that within the year ended 30 June 2012 Australia had participated in 4 Davis Cup ties - all under the Captaincy of Pat Rafter whose appointment at the beginning of the year followed the retirement of John Fitzgerald.

It was pleasing, he said, to see Pat start out on a successful note in July 2011 by leading Australia back to a World Group Play-off with a 3/1 win over China in Beijing.

Then in September, Australia met Switzerland in Sydney for the World Group Play-off only to suffer a 3/2 defeat by a team lead by Roger Federer.

Consequently, Australia was once again relegated to the Asia/Oceania Group 1 where we were drawn to play in Geelong against the Peoples’ Republic of China who we convincingly defeated 5/0.

The venue for the second round tie was the Queensland Tennis Centre in Brisbane. With Lleyton Hewitt unavailable for selection due to injury Australia exceeded even its own best expectations with a comfortable 5/0 win.

Turning to other matters, the President acknowledged with great sadness the passing of the Reverend Father Gerry Sullivan and Mr Jack May, two former office-bearers whose respective contributions to the Foundation during its formative years was, in each case, immeasurable.

The Chairman then expressed his gratitude for the outstanding efforts of our administrative team throughout the year under review and thanked Judy Pullyblank for her continued work in the “front Office” where she was supported most effectively on a part-time basis by Robert Parker.

Special thanks were also expressed to Robert Jamieson for his superb efforts throughout the year – not only as our Honorary Treasurer – but also as producer of our occasional Members’ e-Newsletters. The Chairman also acknowledged the work of our Honorary Secretary, Graeme Cumbrae-Stewart and thanked him on behalf of all members for his continuing support.

Finally, the Chairman concluded the report by acknowledging with gratitude the contributions - both varied and many – of fellow Directors throughout the year.

He then invited the Hon Secretary to formally propose the adoption of the 41st Annual Report of the Foundation.

2 ADOPTION of Before doing so Mr Cumbrae-Stewart, on behalf of all members, thanked DIRECTORS’ REPORT the President for his continuing leadership and untiring efforts on behalf and FINANCIAL of the Foundation. His remarks were endorsed with acclamation. STATEMENTS: The Hon Secretary then formally proposed the adoption of the Annual Report incorporating the Financial Statements for the year ended 30th June 2012 and called upon the Hon Treasurer to support the motion.

Drawing attention to the Financial Statements incorporated within the Annual Report Mr Jamieson reflected upon the financial position of the Foundation as therein disclosed. He indicated his willingness to respond to any questions but none was asked.

Concluding his remarks, the Hon Treasurer expressed his gratitude to the Company’s Auditor, Mr Andrew Lane CA for his professional advice and guidance in the preparation of the Company’s financial reports. He also expressed his appreciation to Mrs Judy Pullyblank, whose many tasks in the Secretariat include the function of Book-keeper; a task that she continues to perform with skilful attention to detail.

Mr Jamieson then formally supported the motion of the Hon Secretary.

RESOLVED that the 41st Annual Report of the Foundation including the Directors’ Statutory Report; the Statement of Financial Position; the Statement of Financial Performance; the Statement of Cash Flows and the Auditor’s Report thereon, each of which related to the year ended 30th June 2012, be and be hereby ADOPTED.

ELECTION OF The Chairman indicated to members that with effect from the close of the DIRECTORS: meeting, all current Directors and Office-bearers are deemed to have retired from their respective positions on the Board and that concurrently, those persons who at this meeting have been elected as a Director or additionally as an Office-bearer, assume their respective Offices.

The Chairman then explained to the meeting that notwithstanding their “deemed” retirement, it remained the prerogative of each of these recently retired Directors to seek re-election pursuant to the terms of the Foundation’s Constitution.

He indicated that each of them had signified willingness to do so and he called upon the Hon Secretary to inform the meeting of the nominations received.

The Hon Secretary announced that he had received and accepted within the prescribed period from each former Director, a formal nomination and acceptance for his election as a Director and additionally for some, election as an Office-bearer.

The Chairman indicated that as the number of nominations received and accepted did not exceed the number of vacancies to be filled, a ballot was not required. He therefore declared the following nominees to be duly elected as Directors with effect from the close of this meeting:

Messrs: N A Fraser; G K Cumbrae-Stewart; R T Hinton R M Jamieson; A J Cobb; J B Fitzgerald; I M Johnson; C H Mason; T J Dohnt; D G Williams; J W Sweeney and Mrs S M Newland.

ELECTION OF The Hon Secretary informed the meeting that the number of nominations OFFICE BEARERS: received for each Office did not exceed the number of vacancies and that as a consequence, a ballot would not be required.

3 Accordingly, the Chairman declared each of the following Directors to be and be hereby elected to the Office for which he had been nominated -

President: Neale A Fraser AO, MBE

Vice Presidents: Trevor J Dohnt D Graeme Williams

Hon Secretary: Graeme K Cumbrae-Stewart OAM

Hon Treasurer: Robert M Jamieson

Directors: Alan J Cobb, John B Fitzgerald OAM, Robert T Hinton, Ian M Johnson, Cedric H Mason, Jonathan W Sweeney and Susan M Newland

noting in each case that the designated Office-bearers and Directors will remain in Office until the closure of the next Annual General Meeting of Members or he resigns from Office or his position as a Director is otherwise vacated meanwhile.

The President thanked the re-elected Directors (including those additionally elected as Office-bearers) for their continuing interest and support.

COMPANY AUDITOR: NOTED that Mr R Andrew Lane, a Partner of the Firm Danby Bland Provan, has indicated his willingness to continue in his role as the Company Auditor and that his remuneration shall be fixed by the Board.

GENERAL BUSINESS: The Chairman drew attention to the fact that certain contractual arrangements between the Foundation and Tennis Australia expired upon the conclusion of the 2012 and explained to the meeting that we soon afterwards the Foundation commenced negotiations for the purpose of entering into a new Agreement for the next triennium.

He reported that the negotiations were proving to be particularly difficult and that the respective expectations of the two parties remained somewhat incompatible.

The Chairman went on to describe the Board’s current thinking on the matter which, if adopted, would represent a significant compromise on the part of the Foundation and he expressed the view that the end result would most probably be settled along the lines discussed or a modified version thereof.

The Chairman indicated that no advice had been received of any other business that may be lawfully brought forward for discussion.

CLOSE: He then thanked all present for their attendance and formally declared the 41st Annual General Meeting of Members to be closed at 9.10 pm.

SIGNED AS A TRUE AND CORRECT RECORD

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