Corporations Act 2001
If, in any civil proceeding against a person to whom this section applies for negligence, default, breach of trust or breach of duty in a capacity as such a person, it appears to the court before which the proceedings are taken that the person is or may be liable in respect of the negligence, default or breach but that the person has acted honestly and that, having regard to all the circumstances of the case, including those connected with the person's appointment, the person ought fairly to be excused for the negligence, default or breach, the court may relieve the person either wholly or partly from liability on such terms as the court thinks fit.
1318(2) [ Relief in relation to anticipated proceedings]Where a person to whom this section applies has reason to apprehend that any claim will or might be made against the person in respect of any negligence, default, breach of trust or breach of duty in a capacity as such a person, the person may apply to the Court for relief, and the Court has the same power to relieve the person as it would have had under subsection (1) if it had been a court before which proceedings against the person for negligence, default, breach of trust or breach of duty had been brought.
1318(3) [ Trial by jury]Where a case to which subsection (1) applies is being tried by a judge with a jury, the judge after hearing the evidence may, if he or she is satisfied that the defendant ought pursuant to that subsection to be relieved either wholly or partly from the liability sought to be enforced against the person, withdraw the case in whole or in part from the jury and forthwith direct judgment to be entered for the defendant on such terms as to costs or otherwise as the judge thinks proper.
1318(4) [ Persons entitled to relief]This section applies to a person who is:
(a) an officer or employee of a corporation; or
(b) an auditor of a corporation, whether or not the person is an officer or employee of the corporation; or
(c) an expert in relation to a matter:
(i) relating to a corporation; and
(ii) in relation to which the civil proceeding has been taken or the claim will or might arise; or
(d) a receiver, receiver and manager, liquidator or other person appointed or directed by the Court to carry out any duty under this Act in relation to a corporation.
View history note
Hide history noteThis section does not apply to a corporation that is an Aboriginal and Torres Strait Islander corporation.
Note: Similar provision is made in relation to Aboriginal and Torres Strait Islander corporations under section 576-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .
Where, under this Act, the Court orders a meeting to be convened, the Court may, subject to this Act, give such directions with respect to the convening, holding or conduct of the meeting, and such ancillary or consequential directions in relation to the meeting, as it thinks fit.
[ CCH Note: There is no section 1320.]
(Repealed by No 11 of 2016, s 3, Sch 2 [ 253] (effective 1 March 2017).)
[ CCH Note: Regulation 10.25.02(3)(n) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[253] apply in relation to external administrations on and after 1 September 2017.]
In this section, unless the contrary intention appears: (a) a reference to a proceeding under this Act is a reference to any proceeding whether a legal proceeding or not; and (b) a reference to a procedural irregularity includes a reference to:
(i) the absence of a quorum at a meeting of a corporation, at a meeting of directors or creditors of a corporation, at a joint meeting of creditors and members of a corporation or at a meeting of members of a registered scheme; and
(ii) a defect, irregularity or deficiency of notice or time.
Note: This section applies in relation to CCIVs with modifications: see section 1242F .
1322(2)
A proceeding under this Act is not invalidated because of any procedural irregularity unless the Court is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the Court and by order declares the proceeding to be invalid.
1322(3)
A meeting held for the purposes of this Act, or a meeting notice of which is required to be given in accordance with the provisions of this Act, or any proceeding at such a meeting, is not invalidated only because of the accidental omission to give notice of the meeting or the non-receipt by any person of notice of the meeting, unless the Court, on the application of the person concerned, a person entitled to attend the meeting or ASIC, declares proceedings at the meeting to be void.
1322(3AA)
A meeting held for the purposes of this Act, or a meeting notice of which is required to be given in accordance with the provisions of this Act, or any proceeding at such a meeting, is not invalidated only because of the inability of a person to access the notice of meeting, unless the Court, on the application of the person concerned, a person entitled to attend the meeting or ASIC, declares proceedings at the meeting to be void.
Note: Under paragraph 249J(3)(c) , a company may, in certain circumstances, give a member notice of a meeting by means of an electronic communication, or by giving the member sufficient information to allow the member to access the notice electronically.
1322(3A)
If members who are entitled to attend a meeting of members do not have, as a whole, a reasonable opportunity to participate in the meeting or in a proceeding at the meeting, the meeting or proceeding will only be invalid on that ground if: (a) the Court is of the opinion that:
(i) a substantial injustice has been caused or may be caused; and
(b) the Court declares the meeting or proceeding invalid.
(ii) the injustice cannot be remedied by any order of the Court; and
1322(3B)
If voting rights are exercised in contravention of subsection 259D(3) (company controlling entity that holds shares in it), the meeting or the resolution on which the voting rights were exercised will only be invalid on that ground if: (a) the court is of the opinion that:
(i) a substantial injustice has been caused or may be caused; and
(b) the court declares the meeting or resolution invalid.
(ii) the injustice cannot be remedied by any order of the court; and
1322(4)
Subject to the following provisions of this section but without limiting the generality of any other provision of this Act, the Court may, on application by any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the Court imposes: (a) an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under this Act or in relation to a corporation is not invalid by reason of any contravention of a provision of this Act or a provision of the constitution of a corporation; (b) an order directing the rectification of any register kept by ASIC under this Act; (c) an order relieving a person in whole or in part from any civil liability in respect of a contravention or failure of a kind referred to in paragraph (a) ; (d) an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under this Act or in relation to a corporation (including an order extending a period where the period concerned ended before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding;
and may make such consequential or ancillary orders as the Court thinks fit.
[ CCH Note: S 1322(4) will be amended by No 69 of 2020, s 3, Sch 1[1277], by inserting " , or any information recorded by the Registrar, " after " ASIC " in para (b) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
1322(5)
An order may be made under paragraph (4)(a) or (c) notwithstanding that the contravention or failure referred to in the paragraph concerned resulted in the commission of an offence.
1322(6)
The Court must not make an order under this section unless it is satisfied: (a) in the case of an order referred to in paragraph (4)(a) :
(i) that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature;
(ii) that the person or persons concerned in or party to the contravention or failure acted honestly; or
(b) in the case of an order referred to in paragraph (4)(c) - that the person subject to the civil liability concerned acted honestly; and (c) in every case - that no substantial injustice has been or is likely to be caused to any person.
(iii) that it is just and equitable that the order be made; and
SECTION 1323 POWER OF COURT TO PROHIBIT PAYMENT OR TRANSFER OF MONEY, FINANCIAL PRODUCTS OR OTHER PROPERTY
(a) an investigation is being carried out under the ASIC Act or this Act in relation to an act or omission by a person, being an act or omission that constitutes or may constitute a contravention of this Act; or
(b) a prosecution has been begun against a person for a contravention of this Act; or
(c) a civil proceeding has been begun against a person under this Act;
and the Court considers it necessary or desirable to do so for the purpose of protecting the interests of a person (in this section called an aggrieved person ) to whom the person referred to in paragraph (a), (b) or (c), as the case may be, (in this section called the relevant person ), is liable, or may be or become liable, to pay money, whether in respect of a debt, by way of damages or compensation or otherwise, or to account for financial products or other property, the Court may, on application by ASIC or by an aggrieved person, make one or more of the following orders:
(d) an order prohibiting a person who is indebted to the relevant person or to an associate of the relevant person from making a payment in total or partial discharge of the debt to, or to another person at the direction or request of, the person to whom the debt is owed;
(e) an order prohibiting a person holding money, financial products or other property, on behalf of the relevant person, or on behalf of an associate of the relevant person, from paying all or any of the money, or transferring, or otherwise parting with possession of, the financial products or other property, to, or to another person at the direction or request of, the person on whose behalf the money, financial products or other property, is or are held;
(f) an order prohibiting the taking or sending out of this jurisdiction, or out of Australia, by a person of money of the relevant person or of an associate of the relevant person;
(g) an order prohibiting the taking, sending or transfer by a person of financial products or other property of the relevant person, or of an associate of the relevant person:
(i) from a place in this jurisdiction to a place outside this jurisdiction (including the transfer of financial products from a register in this jurisdiction to a register outside this jurisdiction); or
(ii) from a place in Australia to a place outside Australia (including the transfer of financial products from a register in Australia to a register outside Australia);
(h) an order appointing:
(i) if the relevant person is a natural person - a receiver or trustee, having such powers as the Court orders, of the property or of part of the property of that person; or
(ii) if the relevant person is a body corporate - a receiver or receiver and manager, having such powers as the Court orders, of the property or of part of the property of that person;
(j) if the relevant person is a natural person - an order requiring that person to deliver up to the Court his or her passport and such other documents as the Court thinks fit;
(k) if the relevant person is a natural person - an order prohibiting that person from leaving this jurisdiction, or Australia, without the consent of the Court.
A reference in paragraph (1)(g) or (h) to property of a person includes a reference to property that the person holds otherwise than as sole beneficial owner, for example:
(a) as trustee for, as nominee for, or otherwise on behalf of or on account of, another person; or
(b) in a fiduciary capacity. 1323(2B) [ Purpose of s 1323(2A)]
Subsection (2A) is to avoid doubt, is not to limit the generality of anything in subsection (1) and is not to affect by implication the interpretation of any other provision of this Act.
1323(2) [ Prohibition may be absolute or conditional]An order under subsection (1) prohibiting conduct may prohibit the conduct either absolutely or subject to conditions.
1323(3) [ Interim order]Where an application is made to the Court for an order under subsection (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application.
1323(4) [ Damages]On an application under subsection (1), the Court must not require the applicant or any other person, as a condition of granting an interim order under subsection (3), to give an undertaking as to damages.
1323(5) [ Further orders]Where the Court has made an order under this section on a person's application, the Court may, on application by that person or by any person affected by the order, make a further order discharging or varying the first-mentioned order.
1323(6) [ Duration of order]An order made under subsection (1) or (2) may be expressed to operate for a specified period or until the order is discharged by a further order under this section.
1323(7) [ Powers not limited]Nothing in this section affects the powers that the Court has apart from this section.
1323(8) [ Limitation]This section has effect subject to the Bankruptcy Act 1966 .
1323(9) [ Contravention of Court order]A person must not contravene an order by the Court under this section that is applicable to the person.
1323(10) [ Strict liability offence]An offence based on subsection (9) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
Where a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute:
(a) a contravention of this Act; or
(b) attempting to contravene this Act; or
(c) aiding, abetting, counselling or procuring a person to contravene this Act; or
(d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or
(f) conspiring with others to contravene this Act;
the Court may, on the application of ASIC, or of a person whose interests have been, are or would be affected by the conduct, grant an injunction, on such terms as the Court thinks appropriate, restraining the first-mentioned person from engaging in the conduct and, if in the opinion of the Court it is desirable to do so, requiring that person to do any act or thing.
1324(1A) [ Affected interests: deeming provisions]For the purposes of subsection (1):
(a) a contravention of this Act affects the interests of a creditor or member of a company if the insolvency of the company is an element of the contravention; and
(b) a company's contravention of:
(i) paragraph 257A(1)(a) (share buy-back not to prejudice ability to pay creditors); or
(ia) paragraph 256B(1)(b) (share capital reduction not to prejudice ability to pay creditors); or
affects the interests of a creditor or member of the company; and
(ii) paragraph 260A(1)(a) (financial assistance for share acquisition not to prejudice company or shareholders or ability to pay creditors);
(c) a company's contravention of paragraph 256B(1)(a) (fair and reasonable test for share capital reduction) affects the interests of a member of the company.
This subsection does not limit subsection (1) in any way.
1324(1B) [ Presumption]If the ground relied on in an application for an injunction is conduct or proposed conduct of a company or other person that it is alleged constitutes, or would constitute:
(a) a contravention of paragraph 256B(1)(a) or (b), section 257A or paragraph 260A(1)(a); or
(b) a contravention of a provision of this Act involving the insolvency of the company because of:
(i) the company making a reduction of its share capital to which Division 1 of Part 2J.1 applies; or
(ii) the company buying back its shares; or
(iii) the company giving financial assistance to which Part 2J.3 applies;
the Court must assume that the conduct constitutes, or would constitute, a contravention of that paragraph, section or provision unless the company or person proves otherwise.
1324(2) [ Court may grant injunction requiring action to be done]Where a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the person is required by this Act to do, the Court may, on the application of:
(a) ASIC; or
(b) any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing;
grant an injunction, on such terms as the Court thinks appropriate, requiring the first-mentioned person to do that act or thing.
1324(3) [ Injunction by consent]Where an application for an injunction under subsection (1) or (2) has been made, the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that that subsection applies.
1324(4) [ Interim injunction]Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).
1324(5) [ Discharge or variation of injunction]The Court may discharge or vary an injunction granted under subsection (1), (2) or (4).
1324(6) [ Whether or not person intends to engage in conduct]The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and
(b) whether or not the person has previously engaged in conduct of that kind; and
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind. 1324(7) [ Whether or not person intends to refuse or fail to act]
The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised:
(a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and
(b) whether or not the person has previously refused or failed to do that act or thing; and
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing. 1324(8) [ No undertaking as to damages]
Where ASIC applies to the Court for the grant of an injunction under this section, the Court must not require the applicant or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages.
1324(9) [ Orders]In proceedings under this section against a person the Court may make an order under section 1323 in respect of the person.
1324(10) [ Damages]Where the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.
SECTION 1324A 1324A PROVISIONS RELATING TO PROSECUTIONSIn the prosecution of a person for an offence in respect of a contravention of a provision of Chapter 5C , 6CA or 6D , Part 7.10 or Chapter 8B , the Court may do either or both of the following: (a) grant an injunction under section 1324 against the person in relation to:
(i) the conduct that constitutes, or is alleged to constitute, the offence; or
(b) make an order under section 1324B in respect of the person.
(ii) other conduct of that kind;
Without limiting section 1324 , if, on the application of ASIC, the Court is satisfied that a person has engaged in conduct constituting a contravention of a provision of Chapter 5C , 6CA or 6D , subsection 798H(1) , section 901E or 903D , subsection 908CF(1) , subsection 981M(1) , Part 7.10 or Chapter 8B , the Court may make either or both of the following orders against that person or a person involved in the contravention: (a) an order requiring the person to whom it is directed to disclose, in the manner specified in the order, to:
(i) the public; or
(ii) a particular person; or
the information, or information of a kind, that is specified in the order and is in the person ' s possession or to which the person has access; (b) an order requiring the person to whom it is directed to publish, at the person ' s own expense, in the manner and at times specified in the order, advertisements whose terms are specified in, or are to be determined in accordance with, the order.
(iii) a particular class of persons;
Where, in a proceeding instituted under, or for a contravention of, a section 1325 order provision the Court finds that a person who is a party to the proceeding has suffered, or is likely to suffer, loss or damage because of conduct of another person that was engaged in in contravention of a section 1325 order provision the Court may, whether or not it grants an injunction, or makes an order, under any other provision of this Act, make such order or orders as it thinks appropriate against the person who engaged in the conduct or a person who was involved in the contravention (including all or any of the orders mentioned in subsection (5) ) if the Court considers that the order or orders concerned will compensate the first-mentioned person in whole or in part for the loss or damage or will prevent or reduce the loss or damage.
1325(2)
The Court may, on the application of a person who has suffered, or is likely to suffer, loss or damage because of conduct of another person that was engaged in in contravention of a section 1325 order provision or on the application of ASIC in accordance with subsection (3) on behalf of such a person or 2 or more such persons, make such order or orders as the Court thinks appropriate against the person who engaged in the conduct or a person who was involved in the contravention (including all or any of the orders mentioned in subsection (5) ) if the Court considers that the order or orders concerned will compensate the person who made the application, or the person or any of the persons on whose behalf the application was made, in whole or in part for the loss or damage, or will prevent or reduce the loss or damage suffered, or likely to be suffered, by such a person.
1325(3)
Where, in a proceeding instituted for a contravention of a section 1325 order provision or instituted by ASIC under section 1324 , a person is found to have engaged in conduct in contravention of a section 1325 order provision, ASIC may make an application under subsection (2) on behalf of one or more persons identified in the application who have suffered, or are likely to suffer, loss or damage by the conduct, but ASIC must not make such an application except with the consent in writing given before the application is made by the person, or by each of the persons, on whose behalf the application is made.
1325(4)
An application under subsection (2) may be made within 6 years after the day on which the cause of action arose.
1325(5)
The orders referred to in subsections (1) and (2) are: (a) an order declaring the whole or any part of a contract made between the person who suffered, or is likely to suffer, the loss or damage and the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct, or of a collateral arrangement relating to such a contract, to be void and, if the Court thinks fit, to have been void ab initio or at all times on and after a specified day before the order is made; and (b) an order varying such a contract or arrangement in such manner as is specified in the order and, if the Court thinks fit, declaring the contract or arrangement to have had effect as so varied on and after a specified day before the order is made; and (c) an order refusing to enforce any or all of the provisions of such a contract; and (d) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct to refund money or return property to the person who suffered the loss or damage; and (e) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct to pay to the person who suffered the loss or damage the amount of the loss or damage; and (f) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct, at the person ' s own expense, to supply specified services to the person who suffered, or is likely to suffer, the loss or damage.
1325(5A)
Subsections (1) and (2) have effect subject to section 1044B .
Note: Section 1044B may limit the liability, under an order under subsection (1) or (2) of this section, of a person for his or her contravention of section 1041H (Misleading or deceptive conduct) or involvement in such a contravention.
1325(6)
Where an application is made for an order under this section against a person, the Court may make an order under section 1323 in respect of the person.
1325(7)
In this section:
section 1325 order provision
means:
(a) subsection 201P(1) ; and
(b) a provision of Chapter 5C ; and
(c) a provision of Chapter 6CA (other than sections 674 and 675 ); and
(d) a provision of Chapter 6D ; and
(e) subsection 798H(1) ; and
(f) subsection 908CF(1) ; and
(g) a provision of Part 7.10 ; and
(h) a provision of Chapter 8A ; and
(i) a provision of the Passport Rules for this jurisdiction; and
(j) a provision of Chapter 8B .
The Court may make any order or orders (including a remedial order) that it considers appropriate if a person:
(a) contravenes a provision of Chapter 6, 6A, 6B or 6C; or
(b) contravenes a condition on a consent given by ASIC under section 652B; or
(c) states in a notice under section 672B about securities that they do not know particular information about:
(i) the securities; or
(ii) someone who has a relevant interest in, or has given instructions in relation to, the securities.
Note 1: Section 9 defines remedial order .
Note 2: Sections 659B and 659C deal with court proceedings during and after a takeover bid.
1325A(2) [ Power of Court to make orders about takeover bid]The Court may make any order or orders (including a remedial order) that it considers appropriate if:
(a) the consideration offered under a takeover bid is or includes securities; and
(b) the offers under the bid or the bidder's statement states or implies that the securities will be able to be traded on a financial market (whether in Australia or elsewhere) and:
(i) an application for admission to quotation is not made within 7 days after the start of the bid period; or
(ii) permission for admission to quotation is not granted within 7 days after the end of the bid period.
Note: Section 9 defines remedial order .
An order under this section may be made on application by the following:
(a) ASIC;
(b) the company, or the responsible entity of the registered scheme, whose securities are involved in the contravention;
(c) a member or former member of that company or scheme;
(d) a person from whom the relevant interest in the securities were acquired;
(e) a person whose interests are affected by the contravention. SECTION 1325B COURT MAY ORDER BIDDER TO MAKE OFFERS 1325B(1)
If a bidder making a takeover bid for a class of securities contravenes section 631 by failing to make offers under the bid within time and ASIC applies for an order under this section, the Court may:
(a) order the bidder to send, to each holder of securities in that class, an offer to which the bidder ' s statement relates within a specified time; and
(b) make any ancillary orders it thinks appropriate including orders that the bidder:
(i) send notices setting out specified information with the offer; and
(ii) send copies of the notice within a specified period to the target and, if the target is listed, to the relevant market operator; and
(iii) lodge a copy of the notice with ASIC within a specified period.
[ CCH Note: S 1325B(1) will be amended by No 69 of 2020, s 3, Sch 1[1278], by inserting " or the Registrar (or both) " after " ASIC " in para (b)(iii) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
1325B(2)
Offers sent in accordance with an order under this section are taken to be made under a takeover bid.
SECTION 1325C UNFAIR OR UNCONSCIONABLE AGREEMENTS, PAYMENTS OR BENEFITS 1325C(1) [ Unfair or unconscionable conduct]
The Court may make orders under subsection (2) if:
(a) a body corporate gives, or enters into an agreement to give, a director or secretary of the body corporate or a related body corporate a benefit (including a payment or an agreement to employ them, or engage their services, for a fixed period); and
(b) the agreement is entered into or the benefit is given:
(i) within 12 months after the start of the bid period for a takeover bid for the securities of the body corporate or a related body corporate; or
(ii) at a time when the directors of the body corporate have reason to believe that a takeover bid is to be made in respect of securities of the body corporate or a related body corporate; and
(c) the Court is satisfied that the agreement or benefit was unfair or unconscionable having regard to the interests of the body corporate. 1325C(2) [ Power of Court]
(a) declare the agreement, or any part of it, to be void or to have always been void; or
(b) direct a person to whom a benefit is given, or another specified person, to:
(i) make a payment or transfer property to the body corporate; or
(ii) do any other act for the benefit of the body corporate; or
(c) make any other order it considers appropriate. 1325C(3) [ Exception]
This section does not apply to an agreement or benefit that has been approved by an ordinary resolution of the body corporate (whether before or after the agreement was entered into or the benefit given) with no vote being cast by the person who is to receive the benefit or their associates.
1325C(4) [ Who may apply]An order under this section may be made on application by:
(a) the body corporate; or
(b) ASIC; or
(c) members who together hold shares carrying at least 10% of the votes attached to voting shares in the body corporate or a related body corporate;
within 12 months, or any longer period that the Court thinks appropriate in the circumstances, after the agreement is entered into or the benefit given.
SECTION 1325D CONTRAVENTION DUE TO INADVERTENCE ETC. 1325D(1) [ Power of Court to excuse contravention]The Court may declare that any act, document or matter:
(a) is not invalid merely because a person has contravened a provision of Chapter 6, 6A, 6B or6C; and
(b) has had effect at all times as if there had been no contravention;
if the Court is satisfied that the contravention ought to be excused in all the circumstances.
1325D(2) [ Who may apply]An application for an order under subsection (1) may be made by any interested person.
1325D(3) [ Limit on orders]If the Court is satisfied that in all the circumstances a contravention of a provision of Chapter 6, 6A, 6B or 6C ought to be excused, the Court must not make an order under section 1325A, 1325B or 1325C other than:
(a) an order restraining the exercise of voting or other rights attached to securities; or
(b) an order that an exercise of voting or other rights attached to securities be disregarded. 1325D(4) [ Relevant circumstances]
In determining whether or not a contravention of a provision by a person ought to be excused, have regard to the contravention being caused by any of the following:
(a) the person's inadvertence or mistake;
(b) the person not having been aware of a relevant fact or occurrence;
(c) circumstances beyond the control of the person. 1325D(5) [ Paramountcy]
This section applies notwithstanding anything contained in any other provision of this Chapter.
SECTION 1325E 1325E ORDERS TO SECURE COMPLIANCEIn order to secure compliance with an order under section 1325A, 1325B or 1325C, the Court may direct a person to:
(a) do a specified act; or
(b) refrain from doing a specified act. SECTION 1326 1326 EFFECT OF SECTIONS 1323, 1324 AND 1325
Nothing in any of sections 1323, 1324, 1324A, 1324B, and 1325 limits the generality of anything else in any of those sections. SECTION 1327 1327 POWER OF COURT TO PUNISH FOR CONTEMPT OF COURT
Nothing in a provision of this Act that provides:
(a) that a person must not contravene an order of the Court; or
(b) that a person who contravenes an order of the Court contravenes a provision of this Act or is guilty of an offence;
affects the powers of the Court in relation to the punishment of contempts of the Court.
[ CCH Note: The next section is s 1330.]