50J—Claim against unincorporated institution and nomination of
appropriate defendant
(1) This section
applies in relation to an institution that is an unincorporated body.
(2) A proceeding for
an abuse claim may be commenced against the institution.
(3) A notice of a
claim must be given to the head of the institution in accordance with any
requirements prescribed by the regulations.
(4) The institution
may nominate a person, with the person's consent, to be the appropriate
defendant for the purposes of an abuse claim against the institution.
(5) On application by
the claimant, a court may order that the trustee of a trust is the
institution's nominee if the court is satisfied—
(a) the
trust is, or used to be, an associated trust of the institution; and
(b) for
a trust that is no longer an associated trust of the institution—a
reason for causing the trust to cease to be an associated trust was to try to
avoid trust property being applied to satisfy a liability that may be found
under a decision on an abuse claim; and
(c) the
order would be appropriate.
(6)
Subsection (5) applies if—
(a) at
least 120 days have passed since a proceeding for an abuse claim was
commenced against the institution; and
(b)
either—
(i)
there is no nominee for the institution; or
(ii)
a court is satisfied the institution's nominee does not
have sufficient assets to satisfy a liability that may be found under a
decision on the abuse claim.
(7) A court may—
(a)
order the institution to do the following within 28 days or any other
period the court considers appropriate:
(i)
identify to the court any trusts that are, or used to be,
associated trusts of the institution;
(ii)
provide particular information about the financial
capacity of the trusts; and
(b) make
any other orders, and give the directions, it considers appropriate for the
purposes of establishing—
(i)
whether a trust is, or used to be, an associated trust of
the institution; or
(ii)
the financial capacity of a trust mentioned in
subparagraph (i); or
(iii)
whether a nominee of the institution has sufficient
assets to satisfy a liability that may be found under a decision on the
abuse claim; or
(iv)
whether it would be appropriate to make an order in
relation to a trustee under subsection (5).