Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 - SECT 238

Substitution of another person for the person granted leave

(1) Any of the following persons may apply to the Court for an order that they be substituted for a person to whom leave has been granted under section 237:

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

(b)
an officer, or former officer, of the company.

(2) The Court may make the order if it is satisfied that:

(a)
the applicant is acting in good faith; and

(b)
it is appropriate to make the order in all the circumstances.

(3) An order substituting one person for another has the effect that:

(a)
the grant of leave is taken to have been made in favour of the substituted person; and

(b)
if the other person has already brought the proceedings or intervened—the substituted person is taken to have brought those proceedings or to have made that intervention.



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