VICIn ForceAct
Associations Incorporation Reform Act 2012
124Stay of proceedings
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124 Stay of proceedings
(1) If the Magistrates' Court appoints a statutory manager to conduct an incorporated association's affairs, a person must not begin or continue any proceeding in a court against the association until the statutory manager's appointment is revoked except with the leave of the Magistrates' Court and, if the Magistrates' Court grants leave, in accordance with any terms and conditions that the Magistrates' Court imposes.
(2) A person intending to apply for leave of the Magistrates' Court under subsection (1) must give the Registrar not less than 10 days' notice of intention to apply.
(3) On the hearing of an application under subsection (1), the Registrar may be represented and may oppose the granting of the application.
Part 10—Winding up and cancellation
Division 1—Winding up
125 Voluntary winding up
An incorporated association may be wound up voluntarily if the association by special resolution resolves that it be wound up voluntarily.
Under sections 149 and 151, the voluntary winding up of an incorporated association is declared to be an applied Corporations legislation matter in relation to, respectively, the provisions of Part 5.5 (Voluntary winding up) and Part 5.6 (Winding up generally) of the Corporations Act. As such, the voluntary winding up of an incorporated association is subject to any requirements under those provisions.