Australian Capital Territory Current Acts

CIVIL LAW (WRONGS) ACT 2002 - SECT 114D

    (1)     This section applies if—

        (a)     a person brings, or wishes to bring, a child abuse claim against an unincorporated body; and

        (b)     but for being unincorporated, the unincorporated body would be capable of being sued.

    (2)     The unincorporated body may, with the nominee's consent, nominate an entity that is capable of being sued to act as the defendant for the unincorporated body in a proceeding for the child abuse claim.

    (3)     If a proceeding for the child abuse claim has started before the unincorporated body has made a nomination, unless the court otherwise orders, a nomination may be made no later than 120 days after the day the proceeding started.

    (4)     If an unincorporated body makes a nomination under subsection (2)—

        (a)     the child abuse claim may be brought against the nominee; and

        (b)     the nominee is taken to be the defendant for the body in the proceeding for the claim for all purposes; and

        (c)     the court may find the nominee liable, on behalf of the body, for any amount that the body would have been liable for if the body were incorporated and capable of being sued.