Co-operatives National Law (NSW)

Applying for leave (cf Corporations Act s 237 (1))

Granting leave (cf Corporations Act s 237 (2))

it is probable the co-operative will not itself bring the proceedings, or properly take responsibility for them, or for the steps in them; and

the applicant is acting in good faith; and

it is in the best interests of the co-operative that the applicant be granted leave; and

if the applicant is applying for leave to bring proceedings—there is a serious question to be tried; and

either—

at least 14 days before making the application, the applicant gave written notice to the co-operative of the intention to apply for leave and the reasons for applying; or

it is appropriate to grant leave even if subparagraph (i) is not satisfied.