A person to whom shares are transmitted by operation of law under a vesting order may invoke s 234(d) of the Corporations Act to commence fresh statutory oppression proceedings, but cannot be substituted as plaintiff in existing proceedings commenced by a different member. Section 7(6) of the Trustees Act 1962 (WA), which confers on new trustees the same powers as original trustees, cannot augment the standing requirements of s 234 of the Corporations Act in proceedings where the court exercises federal jurisdiction, as it is a substantive state law conferring private rights rather than a procedural law picked up under s 79 of the Judiciary Act 1903 (Cth). Equitable ownership of shares through a trust remains irrelevant to standing under Pt 2F.1.
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