THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.6 - FIDELITY FUNDS

SECTION 1244   FORM OF ORDER OF COURT ESTABLISHING CLAIM  

1244(1)  [Court order]  

Where, in proceedings brought to establish a claim, the Court is satisfied that there was a defalcation or fraudulent misuse of property on which to found the claim and that otherwise the claimant has a valid claim, the Court shall, by order:

(a)  declare the fact and the date of the defalcation or fraudulent misuse of property and the amount of the claim; and

(b)  direct the board to allow the claim as so declared and deal with it in accordance with the provisions of this Part.

1244(2)  [Costs]  

In any such proceedings all questions of costs are in the discretion of the Court.