Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_321
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 321
Character Range: 394465–395843

321  Order affecting application of section 319 or 320

 (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:
 (a) the organisation; or
 (b) members or creditors of the organisation; or
 (c) persons having dealings with the organisation;
the Court must, by order, declare accordingly.

 (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.

 (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.

 (4) The Court may determine:
 (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and
 (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.

 (5) In this section:

act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.