Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1322:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1322 (pt 1/3)
Character Range: 5680588–5683165

1322  Irregularities
 (1) In this section, unless the contrary intention appears:
 (a) a reference to a proceeding under this Act is a reference to any proceeding whether a legal proceeding or not; and
 (b) a reference to a procedural irregularity includes a reference to:
 (i) the absence of a quorum at a meeting of a corporation, at a meeting of directors or creditors of a corporation, at a joint meeting of creditors and members of a corporation or at a meeting of members of a registered scheme; and
 (ii) a defect, irregularity or deficiency of notice or time.
Note: This section applies in relation to CCIVs with modifications: see section 1242F.
 (2) A proceeding under this Act is not invalidated because of any procedural irregularity unless the Court is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the Court and by order declares the proceeding to be invalid.
 (3) A meeting held for the purposes of this Act, or a meeting notice of which is required to be given in accordance with the provisions of this Act, or any proceeding at such a meeting, is not invalidated only because of the accidental omission to give notice of the meeting or the non‑receipt by any person of notice of the meeting, unless the Court, on the application of the person concerned, a person entitled to attend the meeting or ASIC, declares proceedings at the meeting to be void.
 (3AA) A meeting held for the purposes of this Act, or a meeting notice of which is required to be given in accordance with the provisions of this Act, or any proceeding at such a meeting, is not invalidated only because of the inability of a person to access the notice of meeting, unless the Court, on the application of the person concerned, a person entitled to attend the meeting or ASIC, declares proceedings at the meeting to be void.
Note: Under paragraph 249J(3)(c), a company may, in certain circumstances, give a member notice of a meeting by means of an electronic communication, or by giving the member sufficient information to allow the member to access the notice electronically.
 (3A) If members who are entitled to attend a meeting of members do not have, as a whole, a reasonable opportunity to participate in the meeting or in a proceeding at the meeting, the meeting or proceeding will only be invalid on that ground if:
 (a) the Court is of the opinion that:
 (i) a substantial injustice has been caused or may be caused; and
 (ii) the injustice cannot be remedied by any order of the Court; and
 (b) the Court