A director appointed under s 201H(1) of the Corporations Act 2001 (Cth) whose appointment is not confirmed by members' resolution within two months automatically ceases to be a director by operation of s 201H(2); this is not a procedural irregularity curable under s 1322(2). Section 1322(2) does not apply where parties have done something the Act does not authorise, as opposed to attempting something the Act permits but failing to do it effectively because of a procedural failure. It is implicit in s 1072G that a transfer of shares in a proprietary company cannot lawfully be registered without the approval of the board, and failure to seek such approval is at least arguably a substantive rather than procedural irregularity.
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