Section 241 of the Corporations Act 2001 (Cth) empowers a court to grant leave to amend a derivative proceeding to add a new cause of action without requiring a fresh application for leave under s 237 or satisfaction of the s 237 criteria. The s 237 criteria are not mandatory relevant considerations on every s 241 amendment application, though the Part 2F.1A context must be considered. Where an entirely new and unrelated cause of action is sought to be introduced, the court may need to consider whether the s 237 criteria should be met. The question of whether an order granting s 237 leave in terms confined to a draft statement of claim extends to causes of action arising after the grant of leave was left open.
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