Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 14 - COURTS AND PROCEEDINGS  

PART 14-1 - POWERS OF COURTS  

Division 576 - Powers of courts  

SECTION 576-1   POWER TO GRANT RELIEF  

576-1(1)    
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:

(a)    that the person is or may be liable in respect of the negligence, default or breach but that the person has acted honestly; and

(b)    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.

576-1(2)    
If 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:

(a)    the person may apply to the Court for relief; and

(b)    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.

576-1(3)    
If 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:

(a)    withdraw the case in whole or in part from the jury; and

(b)    forthwith direct judgment to be entered for the defendant on such terms as to costs or otherwise as the judge thinks proper.

576-1(4)    
This section applies to a person who is:

(a)    an officer or employee of an Aboriginal and Torres Strait Islander corporation; or

(b)    an auditor of an Aboriginal and Torres Strait Islander 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 an Aboriginal and Torres Strait Islander 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 an Aboriginal and Torres Strait Islander corporation; or

(e)    a special administrator for an Aboriginal and Torres Strait Islander corporation.