Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 236

Bringing, or intervening in, proceedings on behalf of a company

             (1)  A person may bring proceedings on behalf of a company, or intervene in any proceedings to which the company is a party for the purpose of taking responsibility on behalf of the company for those proceedings, or for a particular step in those proceedings (for example, compromising or settling them), if:

                     (a)  the person is:

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

                             (ii)  an officer or former officer of the company; and

                     (b)  the person is acting with leave granted under section 237.

             (2)  Proceedings brought on behalf of a company must be brought in the company's name.

             (3)  The right of a person at general law to bring, or intervene in, proceedings on behalf of a company is abolished.

Note 1:       For the right to inspect company books, see subsections 247A(3) to (6).

Note 2:       For the requirements to disclose proceedings and leave applications in the annual directors' report, see subsections 300(14) and (15).

Note 3:       This section does not prevent a person bringing, or intervening in, proceedings on their own behalf in respect of a personal right.



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