Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_236
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 236
Character Range: 116171–117393

236  Bringing, or intervening in, proceedings on behalf of a company

 (1) A person may bring proceedings on behalf of a company, or intervene in any proceedings to which the company is a party for the purpose of taking responsibility on behalf of the company for those proceedings, or for a particular step in those proceedings (for example, compromising or settling them), if:
 (a) the person is:
 (i) a member, former member, or person entitled to be registered as a member, of the company or of a related body corporate; or
 (ii) an officer or former officer of the company; and
 (b) the person is acting with leave granted under section 237.

 (2) Proceedings brought on behalf of a company must be brought in the company's name.

 (3) The right of a person at general law to bring, or intervene in, proceedings on behalf of a company is abolished.

Note 1: For the right to inspect company books, see subsections 247A(3) to (6).

Note 2: For the requirements to disclose proceedings and leave applications in the annual directors' report, see subsections 300(14) and (15).

Note 3: This section does not prevent a person bringing, or intervening in, proceedings on their own behalf in respect of a personal right.