…In the ACT by-laws can be changed by a special resolution which means that less than one-third of people present (including proxy votes and absentee votes) have voted against the resolution, and more votes have been cast in favour of the motion than against it. Note that subtle difference – it’s not fewer than one third of people actually voting, it’s one third of people at the meeting either in person or represented by proxy or by postal vote. …
Yes. An important point. Some of our owners were outraged when we started putting ‘abstain’ as an option along with ‘yes’ and ‘no’ on our proxy forms. [We do not have a prescribed proxy/absentee voting form we have to use. Instead the EC must approve a form before a general meeting.] Our EC thought it entirely reasonable that an owner might wish to direct their proxy to abstain on some motions while voting yes or no on others. This innovations helps for special resolutions. As you point out the tougher part of test in the ACT is that, of the people taking part, in person or by proxy, fewer than one third can be opposed. An abstain is not opposition and boosts the total numbers taking part which means those opposed could fall below one third of the total.
That is easier than the NSW requirement of >75% in favour but still a tough enough test for things that should have more than just a bare majority.