• Specific Year
    Any

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 257 Order affecting application of section 255 or 256

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 257

Order affecting application of section 255 or 256
257. (1) Where, on an application for an order under this section, the Court
is satisfied that the application of section 255 or 256 in relation to an act
would do substantial injustice, having regard to the interests of:

   (a)  the organisation;

   (b)  members or creditors of the organisation; or

   (c)  persons having dealings with the organisation; the Court shall, by
        order, declare accordingly.

(2) Where a declaration is made under subsection (1), section 255 or 256, as
the case requires, does not apply, and shall be taken never to have applied,
in relation to the act specified in the declaration.

(3) The Court may make an order under subsection (1) on the application of the
organisation, a member of the organisation or any other person having a
sufficient interest in relation to the organisation.

(4) The Court may determine:

   (a)  what notice, summons or rule to show cause is to be given to other
        persons of the intention to make an application or an order under this
        section; and

   (b)  whether and how the notice, summons or rule should be given or served
        and whether it should be advertised in any newspaper.

(5) A reference in this section to an act includes a reference to an election,
purported election, appointment or purported appointment, and to the making or
purported making or alteration or purported alteration of a rule.