69Oppressive conduct—transfer of proceeding to Supreme Court

69 Oppressive conduct—transfer of proceeding to Supreme Court (1) The Magistrates' Court must transfer a proceeding under section 68 to the Supreme Court if— (a) the Magistrates' Court has explored all possible avenues of achieving a negotiated settlement and a negotiated settlement has not occurred; and (b) it appears to the Magistrates' Court that an order that the incorporated association be wound up may be an appropriate order in the proceeding. (2) If a proceeding has been transferred to the Supreme Court under subsection (1), it may be continued and completed as if steps taken in the proceeding prior to the transfer had been taken in the Supreme Court. The same applies to a proceeding transferred to the Supreme Court under section 220. (3) In a proceeding under this section, the Supreme Court may make— (a) an order that the incorporated association be wound up; or (b) any order the Magistrates' Court may make under section 68(4). (4) The Supreme Court must not make an order under this section that an incorporated association be wound up if it is of the opinion that the winding up of the association would unfairly prejudice members affected by the conduct of the association. (5) If an order is made under this section that an incorporated association be wound up, Division 1 of Part 10 applies as if the order had been made under section 126.