Co-operatives (Adoption of National Law) Act 2012
130Application to designated tribunal
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130 Application to designated tribunal
130 Application to designated tribunal
(1) The designated tribunal may, on the application of a member or the co-operative, make an order declaring and enforcing—
(a) the rights or obligations of members of the co-operative between themselves; or
(b) the rights or obligations of the co-operative and any member between themselves.
(2) An order may be made under this section whether or not a right of a proprietary nature is involved and whether or not the applicant has an interest in the property of the co-operative.
(3) The designated tribunal may refuse to make an order on the application or may make an order for costs against a party, whether successful or not, if it considers that—
(a) the issue raised in the application is trivial; or
(b) having regard to the importance of the issue, the nature of the co-operative, any other available method of resolving the issue, the costs involved, lapse of time, acquiescence or any other relevant circumstance, it was unreasonable to make the application; or
(c) the unreasonable or improper conduct of a party—
(i) has been responsible for the making of the application; or
(ii) has added to the cost of the proceedings.