South Australian Current Acts

CIVIL LIABILITY ACT 1936 - SECT 50K

50K—Proceeding against nominee of unincorporated institution

Despite any Act or other law or instrument (including any trust deed), the following apply if, under section 50J, there is a nominee for an institution:

            (a)         a proceeding for an abuse claim may be commenced or continued against the nominee;

            (b)         any liability of the institution under the court's decision on the abuse claim is incurred by the nominee;

            (c)         anything done by the institution is taken to have been done by the nominee;

            (d)         a duty or obligation of the institution in relation to the proceeding is a duty or obligation of the nominee;

            (e)         the institution must continue to participate in the proceeding and a court may make an order or give a direction relating to the institution as if it were a person;

            (f)         a court may make a substantive finding in the proceeding against the institution as if it were a person;

            (g)         the nominee may rely on any defence or immunity that would be available to the institution as a defendant in the proceeding if the institution were a person;

            (h)         any right of the institution to be indemnified (including under an insurance policy) in respect of damages awarded in an abuse claim extends to, and indemnifies, the nominee;

                  (i)         if there is more than 1 nominee, the nominees must file a single defence and proceed as a single defendant.