Co-operatives (National Uniform Legislation) Act 2015
580Applying for and granting leave
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580 Applying for and granting leave 1 Applying for leave (cf Corporations Act s 237(1)) A person referred to in section 579(1)(a) may apply to the Supreme Court for leave to bring, or to intervene in, proceedings. 2 Granting leave (cf Corporations Act s 237(2)) The Supreme Court may grant the application if it is satisfied that: (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 (b) the applicant is acting in good faith; and
Co-operatives (National Uniform Legislation) Act 2015 347 (c) it is in the best interests of the co-operative that the applicant be granted leave; and (d) if the applicant is applying for leave to bring proceedings – there is a serious question to be tried; and (e) either: (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 (ii) it is appropriate to grant leave even if subparagraph (i) is not satisfied.