THE CORPORATIONS LAW
CCH Note:
Part 13 of the Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW 82 The Corporations Law is as follows:...
CHAPTER 8 - THE FUTURES INDUSTRY
PART 8.3 - PARTICIPANTS IN THE FUTURES INDUSTRY
Division 4 - Liability of principals for representatives' conduct
SECTION 1186 PRESUMPTIONS ABOUT CERTAIN MATTERS 1186(1) [Representative of indemnifying principal] Where it is proved, for the purposes of a proceeding in a court, that a person (in this subsection called the ``representative'') engaged in particular conduct, in this jurisdiction or elsewhere, while the person was a representative of: (a) only one person (in this subsection called the ``indemnifying principal''); or (b) 2 or more persons (in this subsection called the ``indemnifying principals''); then, unless the contrary is proved for the purposes of the proceeding, it shall be presumed for those purposes that the representative engaged in the conduct as a representative of: (c) the indemnifying principal; or (d) as a representative of some person among the indemnifying principals; as the case may be.
1186(2)
[Good faith]
Where, for the purposes of establishing in a proceeding in a court that section 1185 applies, it is proved that a person did, or omitted to do, a particular act because the person believed at a particular time in good faith that certain matters were the case, then, unless the contrary is proved for those purposes, it shall be presumed for those purposes that it is reasonable to expect that a person in the first-mentioned person's circumstances would so believe and would do, or omit to do, as the case may be, that act because of that belief.