36Unauthorised act, conveyance or transfer performed pursuant to contract

36 Unauthorised act, conveyance or transfer performed pursuant to contract (1) This section applies if an unauthorised act, conveyance or transfer by an incorporated association— (a) is sought to be restrained in proceedings referred to in section 35(3)(a); and (b) is being, or is to be, performed or made pursuant to a contract to which the association is a party. (2) The court in which the proceedings are brought may take action referred to in subsection (3) if— (a) all parties to the contract are parties to the proceedings; and (b) the court considers it just and equitable to take the action. (3) If subsection (2) applies, the court may— (a) set aside and restrain the performance of the contract; and (b) allow to the association or to the other parties to the contract (as the case requires) compensation for the loss or damage sustained by either that may result from the setting aside and restraining of the contract. (4) For the purposes of subsection (3)(b), any anticipated profits to be derived from the performance of the contract must not be awarded by the court as a loss or damage sustained. Division 3—Authentication and execution of documents and confirmation of contracts