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.