sec.33IProceeding against nominee of unincorporated institution

### sec.33I Proceeding against nominee of unincorporated institution The following apply if, under section 33H , there is a nominee for an institution— a proceeding for an abuse claim may be started or continued against the nominee; any liability of the institution under the court’s decision on the abuse claim is incurred by the nominee; anything done by the institution is taken to have been done by the nominee; a duty or obligation of the institution in relation to the proceeding is a duty or obligation of the nominee; the institution must continue to participate in the proceeding and a court may make an order or give a direction relating to the institution as if it were a person; a court may make a substantive finding in the proceeding against the institution as if it were a person; the nominee may rely on any defence or immunity that would be available to the institution as a defendant in the proceeding if the institution were a person; any right of the institution to be indemnified (including under an insurance policy) in respect of damages awarded in an abuse claim extends to, and indemnifies, the nominee; if there is more than 1 nominee, the nominees must file a single defence and proceed as a single defendant. s 33I ins 2019 No. 34 s 4 - (a) a proceeding for an abuse claim may be started or continued against the nominee; - (b) any liability of the institution under the court’s decision on the abuse claim is incurred by the nominee; - (c) anything done by the institution is taken to have been done by the nominee; - (d) a duty or obligation of the institution in relation to the proceeding is a duty or obligation of the nominee; - (e) the institution must continue to participate in the proceeding and a court may make an order or give a direction relating to the institution as if it were a person; - (f) a court may make a substantive finding in the proceeding against the institution as if it were a person; - (g) the nominee may rely on any defence or immunity that would be available to the institution as a defendant in the proceeding if the institution were a person; - (h) any right of the institution to be indemnified (including under an insurance policy) in respect of damages awarded in an abuse claim extends to, and indemnifies, the nominee; - (i) if there is more than 1 nominee, the nominees must file a single defence and proceed as a single defendant.