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Civil Law (Wrongs) Act 2002
114DUnincorporated body may nominate defendant
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114D Unincorporated body may nominate defendant
(a) a person brings, or wishes to bring, a child abuse claim against
an unincorporated body; and
(b) but for being unincorporated, the unincorporated body would be
capable of being sued.
(2) The unincorporated body may, with the nominee’s consent, nominate
an entity that is capable of being sued to act as the defendant for the
unincorporated body in a proceeding for the child abuse claim.
(3) If a proceeding for the child abuse claim has started before the
unincorporated body has made a nomination, unless the court
otherwise orders, a nomination may be made no later than 120 days
after the day the proceeding started.
(4) If an unincorporated body makes a nomination under
subsection (2)—
(a) the child abuse claim may be brought against the nominee; and
(b) the nominee is taken to be the defendant for the body in the
proceeding for the claim for all purposes; and
(c) the court may find the nominee liable, on behalf of the body, for
any amount that the body would have been liable for if the body
were incorporated and capable of being sued.