Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_91
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 91
Character Range: 135320–137122

91  Federal Court may make orders in relation to consequences of invalidity

 (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.

 (2) On an application under subsection (1), the Court may make such determination as it considers proper.

 (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:
 (a) to rectify the invalidity or cause it to be rectified; or
 (b) to negative, modify or cause to be modified the consequences in law of the invalidity; or
 (c) to validate any act, matter or thing that is made invalid by or because of the invalidity.

 (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.

 (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:
 (a) the organisation or association concerned; or
 (b) any member or creditor of the organisation or association concerned; or
 (c) any person having dealings with the organisation or association concerned.

 (6) This section applies:
 (a) to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section); and
 (b) to an invalidity occurring in relation to an association before it became an organisation.

Part 3—Withdrawal from amalgamations

Division 1—General