Co-operatives National Law (NSW)

The designated tribunal may, on the application of a member or the co-operative, make an order declaring and enforcing—

the rights or obligations of members of the co-operative between themselves; or

the rights or obligations of the co-operative and any member between themselves.

An order may be made under this section whether or not a right of a proprietary nature is involved and whether or not the applicant has an interest in the property of the co-operative.

The designated tribunal may refuse to make an order on the application or may make an order for costs against a party, whether successful or not, if it considers that—

the issue raised in the application is trivial; or

having regard to the importance of the issue, the nature of the co-operative, any other available method of resolving the issue, the costs involved, lapse of time, acquiescence or any other relevant circumstance, it was unreasonable to make the application; or

the unreasonable or improper conduct of a party—

has been responsible for the making of the application; or

has added to the cost of the proceedings.