Directions to rectify breach of rule of organisation
164A Directions to rectify breach of rule of organisation
Application for order
A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.
Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.
Conditions for making order
The Court may make an order under subsection (4) in relation to an organisation if the Court is satisfied that:
a person was under an obligation to perform or observe a rule or rules of the organisation; and
the person breached the rule or rules; and
the person acted unreasonably in so breaching the rule or rules.
Nature of order
Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.
The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.
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