Question B1 (15 marks)

It is Monday 9 November 2026. Jack Crowne comes to the law firm in which you are employed for legal advice.

Jack tells you that one year ago he was appointed a director of the Suburban Rail Loop Authority ('the Authority'). At all relevant times in 2026 he is one of nine directors.

Jack tells you that meetings of the board of directors of the Authority are held monthly on the first Monday of the month.

Jack tells you that, due to pressure of work in his private consultancy firm, he missed the September 2026 and October 2026 meetings of the board. He received the minutes of these meetings. With the authority of the Chairperson (Ms Gill), the minutes of the October meeting were distributed for consideration to other directors soon after the October meeting. The minutes stated:

Next meeting: Monday 2 November 2026.

Jack did not obtain the approval of the board to be absent from the September and October meetings.

Jack then tells you this:

'I forgot to attend the November meeting. I hear they discussed a number of items. I don't really have any excuse for not attending. I am really concerned at my position on the board. What is my position? Have I been removed?'.

He shows you a document, circulated with the approval of the Chairperson to other directors for their consideration. It reads in part:

Suburban Rail Loop Authority

Board of Directors

Meeting, 2 November 2026

Minutes

Present:A Gill, B Hill, C Pael, D Waterhouse

Did not attend:JCrowne, K Tumbling, L Nurse, M Rhimes, N England

Items for discussion and resolution

...

Other business

Membership of the board

The Chairperson noted that, as the November meeting was the third consecutive meeting of the board that Mr Crowne had not attended without the approval of the board, the office of director to which he had been appointed was now 'vacant'.

Your manager in your law firm asks you to answer this question: has the office of director to which Jack had been appointed become 'vacant' pursuant to s 24(1)(a) of the Suburban Rail Loop Act 2021 (Vic)? In the course of answering this question interpret 'meetings of the board' in s 24(1)(a).

Assume Jack was lawfully appointed to the board.

Please help me identify what the different constructions for meetings of the board would be in this scenarios. Please don't just summarise the scenarios, help provide differing constructions. Really need help.