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CORPORATIONS ACT 2001

CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES  

PART 2F.1A - PROCEEDINGS ON BEHALF OF A COMPANY BY MEMBERS AND OTHERS  

SECTION 241  GENERAL POWERS OF THE COURT  

241(1)  [Power of Court]  


The Court may make any orders, and give any directions, that it considers appropriate in relation to proceedings brought or intervened in with leave, or an application for leave, including:


(a) interim orders; and


(b) directions about the conduct of the proceedings, including requiring mediation; and


(c) an order directing the company, or an officer of the company, to do, or not to do, any act; and


(d) an order appointing an independent person to investigate, and report to the Court on:


(i) the financial affairs of the company; or

(ii) the facts or circumstances which gave rise to the cause of action the subject of the proceedings; or

(iii) the costs incurred in the proceedings by the parties to the proceedings and the person granted leave.

241(2)  [Power to inspect]  


A person appointed by the Court under paragraph (1)(d) is entitled, on giving reasonable notice to the company, to inspect any books of the company for any purpose connected with their appointment.

241(3)  [Remuneration and expenses]  


If the Court appoints a person under paragraph (1)(d):


(a) the Court must also make an order stating who is liable for the remuneration and expenses of the person appointed; and


(b) the Court may vary the order at any time; and


(c) the persons who may be made liable under the order, or the order as varied, are:


(i) all or any of the parties to the proceedings or application; and

(ii) the company; and


(d) if the order, or the order as varied, makes 2 or more persons liable, the order may also determine the nature and extent of the liability of each of those persons.

241(4)  [Costs]  


Subsection (3) does not affect the powers of the Court as to costs.

 



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