Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p19
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 19/45)
Character Range: 700756–703332

the person's appointment, the person ought fairly to be excused for the negligence, default or breach;
the court may relieve the person either wholly or partly from liability on such terms as the court thinks fit.
 (2) If a person to whom this section applies has reason to apprehend that any claim will or might be made against the person in respect of any negligence, default, breach of trust or breach of duty in a capacity as such a person:
 (a) the person may apply to the Court for relief; and
 (b) the Court has the same power to relieve the person as it would have had under subsection (1) if it had been a court before which proceedings against the person for negligence, default, breach of trust or breach of duty had been brought.
 (3) If a case to which subsection (1) applies is being tried by a judge with a jury, the judge after hearing the evidence may, if he or she is satisfied that the defendant ought, pursuant to that subsection, to be relieved either wholly or partly from the liability sought to be enforced against the person:
 (a) withdraw the case in whole or in part from the jury; and
 (b) forthwith direct judgment to be entered for the defendant on such terms as to costs or otherwise as the judge thinks proper.
 (4) This section applies to a person who is:
 (a) an officer or employee of an Aboriginal and Torres Strait Islander corporation; or
 (b) an auditor of an Aboriginal and Torres Strait Islander corporation (whether or not the person is an officer or employee of the corporation); or
 (c) an expert in relation to a matter:
 (i) relating to an Aboriginal and Torres Strait Islander corporation; and
 (ii) in relation to which the civil proceeding has been taken or the claim will or might arise; or
 (d) a receiver, receiver and manager, liquidator or other person appointed or directed by the Court to carry out any duty under this Act in relation to an Aboriginal and Torres Strait Islander corporation; or
 (e) a special administrator for an Aboriginal and Torres Strait Islander corporation.

576‑5  Power of Court to give directions with respect to meetings ordered by the Court
  If, under this Act, the Court orders a meeting to be convened, the Court may, subject to this Act, give such directions with respect to:
 (a) the convening, holding or conduct of the meeting; and
 (b) such ancillary or consequential directions in relation to the meeting as it thinks fit.

576‑10  Appeals from decisions of receivers, liquidators etc.
 (1) A person aggrieved by any act, omission or decision of:
 (a) a special administrator for an