Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 7 - MISCELLANEOUS  

PART 7-4 - APPLICATION OF THIS ACT TO ENTITIES  

Division 180 - Obligations, liabilities and offences  

Subdivision 180-E - Rights of indemnity and contribution  

SECTION 180-35   RIGHTS OF INDEMNITY AND CONTRIBUTION  

180-35(1)    
This section applies if:

(a)    an amount is payable under section 180-5 , 180-20 or 180-30 by 2 or more entities (the jointly liable entities ); and

(b)    one of the jointly liable entities (the paying entity ) pays that amount; and

(c)    the paying entity is not the company that is an unincorporated association or body of persons, the trust, or the company that is a body corporate, mentioned in that section (the primary entity ).

180-35(2)    
The paying entity has the same rights (whether by way of indemnity, subrogation, contribution or otherwise) against anyone else as if:

(a)    the paying entity made the payment under a guarantee of the liability of the primary entity to pay the amount; and

(b)    under the guarantee:


(i) the paying entity; and

(ii) every other entity (other than the primary entity) that is or was liable to pay that amount under that section;
were jointly and severally liable as guarantors.

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.