Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 4 - MEMBERS AND OBSERVERS  

PART 4-4 - PROTECTION OF MEMBERS ' INTERESTS  

Division 169 - When may a person bring or intervene in proceedings on behalf of an Aboriginal and Torres Strait Islander corporation?  

SECTION 169-25   GENERAL POWERS OF THE COURT  

169-25(1)    
The Court may make any orders, and give any directions, that it considers appropriate in relation to proceedings brought or intervened in with leave, or an application for leave, including:

(a)    interim orders; and

(b)    directions about the conduct of the proceedings, including requiring mediation; and

(c)    an order directing the corporation, or an officer of the corporation, to do, or not to do, any act; and

(d)    an order appointing an independent person to investigate, and report to the Court on:

(i) the financial affairs of the corporation; or

(ii) the facts or circumstances which gave rise to the cause of action the subject of the proceedings; or

(iii) the costs incurred in the proceedings by the parties to the proceedings and the person granted leave.

Persons appointed under paragraph (1)(d) may inspect books

169-25(2)    
A person appointed by the Court under paragraph (1)(d) is entitled, on giving reasonable notice to the corporation, to inspect any books of the corporation for any purpose connected with his or her appointment.

Remuneration and expenses for persons appointed under paragraph (1)(d)

169-25(3)    
If the Court appoints a person under paragraph (1)(d) :

(a)    the Court must also make an order stating who is liable for the remuneration and expenses of the person appointed; and

(b)    the Court may vary the order at any time; and

(c)    the persons who may be made liable under the order, or the order as varied, are:

(i) all or any of the parties to the proceedings or application; and

(ii) the corporation; and

(d)    if the order, or the order as varied, makes 2 or more persons liable, the order may also determine the nature and extent of the liability of each of those persons.

169-25(4)    
Subsection (3) does not affect the powers of the Court as to costs.