114ECourt may appoint related trust as defendant

114E Court may appoint related trust as defendant (a) a proceeding for a child abuse claim against an unincorporated body has started and the body has not made a nomination under section 114D (2) within 120 days after the day the proceeding started; or (b) an unincorporated body nominates an entity under section 114D (2) in relation to a child abuse claim and the nominated entity— (i) is not capable of being sued; or (ii) does not have sufficient assets or property to meet any judgment or order that may be made against it in relation to the claim. (2) The plaintiff in a proceeding for the child abuse claim may apply to the court for an order that a related trust be appointed as the defendant for the unincorporated body in the proceeding. (3) If the plaintiff makes an application under subsection (2), the unincorporated body must, within 28 days of the application being made, notify the court about— (a) any related trusts in relation to the body; and (b) the financial capacity of each trust. (4) The court may appoint 1 or more related trusts notified under subsection (3), or other related trusts in relation to the unincorporated body, as the defendant for the body in the proceeding. (5) If the court makes an appointment under subsection (4)— (a) the child abuse claim may be brought or continued against the appointee; and (b) the appointee is taken to be the defendant for the unincorporated body in the proceeding for the claim for all purposes; and (c) anything done by the unincorporated body is taken to have been done by the appointee; and (d) any duty or obligation of the unincorporated body in relation to the proceeding is a duty or obligation owed by the appointee; and (e) the court may find the appointee liable, on behalf of the unincorporated body, for any amount that the body would have been liable for if the body were incorporated and capable of being sued.