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 169-10   SUBSTITUTION OF ANOTHER PERSON FOR THE PERSON GRANTED LEAVE  

169-10(1)    
Any of the following persons may apply to the Court for an order that the person be substituted for a person to whom leave has been granted under section 169-5 :

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

(b)    an officer, or former officer of the corporation;

(c)    the Registrar.

When may Court make order

169-10(2)    
The Court may make the order if it is satisfied that:

(a)    the applicant is acting in good faith; and

(b)    it is appropriate to make the order in all the circumstances.

169-10(3)    
An order substituting one person for another has the effect that:

(a)    the grant of leave is taken to have been made in favour of the substituted person; and

(b)    if the other person has already brought the proceedings or intervened - the substituted person is taken to have brought those proceedings or to have made that intervention.

 

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