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Co-operatives (Adoption of National Law) Act 2012
580Applying for and granting leave
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#### 580 Applying for and granting leave
580 Applying for and granting leave
> > (1) Applying for leave
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> > (cf Corporations Act s 237 (1))
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> > A person referred to in section 579 (1) (a) may apply to the Supreme Court for leave to bring, or to intervene in, proceedings.
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> > (2) Granting leave
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> > (cf Corporations Act s 237 (2))
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> > The Supreme Court may grant the application if it is satisfied that—
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> > > (a) it is probable the co-operative will not itself bring the proceedings, or properly take responsibility for them, or for the steps in them; and
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> > > (b) the applicant is acting in good faith; and
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> > > (c) it is in the best interests of the co-operative that the applicant be granted leave; and
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> > > (d) if the applicant is applying for leave to bring proceedings—there is a serious question to be tried; and
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> > > (e) either—
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> > > > (i) at least 14 days before making the application, the applicant gave written notice to the co-operative of the intention to apply for leave and the reasons for applying; or
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> > > > (ii) it is appropriate to grant leave even if subparagraph (i) is not satisfied.