THE CORPORATIONS LAW

CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES

PART 2F.1A - PROCEEDINGS ON BEHALF OF A COMPANY BY MEMBERS AND OTHERS

SECTION 236   BRINGING, OR INTERVENING IN, PROCEEDINGS ON BEHALF OF A COMPANY  

236(1)  (Who may bring proceedings)  

A person may bring proceedings on behalf of a company, or intervene in any proceedings to which the company is a party for the purpose of taking responsibility on behalf of the company for those proceedings, or for a particular step in those proceedings (for example, compromising or settling them), if:

(a)  the person is:

(i) a member, former member, or person entitled to be registered as a member, of the company or of a related body corporate; or

(ii) an officer or former officer of the company; and

(b)  the person is acting with leave granted under section 237.

236(2)  [Use of company's name]  

Proceedings brought on behalf of a company must be brought in the company's name.

236(3)  [General law right abolished]  

The right of a person at general law to bring, or intervene in, proceedings on behalf of a company is abolished.

Note 1:

For the right to inspect company books, see subsections 247A(3) to (6).

Note 2: For the requirements to disclose proceedings and leave applications in the annual directors' report, see subsections 300(14) and (15).

Note 3: This section does not prevent a person bringing, or intervening in, proceedings on their own behalf in respect of a personal right.