Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- 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.