Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p27
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 27/175)
Character Range: 239983–242719

Registrar.

When may Court make order
 (2) The Court may make the order if it is satisfied that:
 (a) the applicant is acting in good faith; and
 (b) it is appropriate to make the order in all the circumstances.
 (3) An order substituting one person for another has the effect that:
 (a) the grant of leave is taken to have been made in favour of the substituted person; and
 (b) if the other person has already brought the proceedings or intervened—the substituted person is taken to have brought those proceedings or to have made that intervention.

169‑15  Effect of ratification by members
 (1) If the members of an Aboriginal and Torres Strait Islander corporation ratify or approve conduct, the ratification or approval:
 (a) does not prevent a person from bringing or intervening in proceedings with leave under section 169‑5 or from applying for leave under that section; and
 (b) does not have the effect that proceedings brought or intervened in with leave under section 169‑5 must be determined in favour of the defendant, or that an application for leave under that section must be refused.

Effect of ratification on court
 (2) If the members of an Aboriginal and Torres Strait Islander corporation ratify or approve conduct, the Court may take the ratification or approval into account in deciding what order or judgment (including as to damages) to make in:
 (a) proceedings brought or intervened in with leave under section 169‑5; or
 (b) in relation to an application for leave under that section.
 (3) In doing this, it must have regard to:
 (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the conduct; and
 (b) whether the members who ratified or approved the conduct were acting for proper purposes.

169‑20  Leave to discontinue, compromise or settle proceedings brought, or intervened in, with leave
  Proceedings brought or intervened in with leave must not be discontinued, compromised or settled without the leave of the Court.

169‑25  General powers of the Court
 (1) 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 corporation, or an officer of the corporation, 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 corporation; 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