Section 852DECorporations Act 2001 (Cth)

Remedial orders

(1) If an unacceptable control situation exists in relation to a controlled Australian financial body and a person, any of the following courts may make such orders as the court considers appropriate for the purpose of ensuring that the unacceptable control situation ceases to exist:

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division 2);

(c) a court of a State or Territory that has jurisdiction in relation to the matter.

(2) However, the court may only make orders under this section on application by:

(a) ASIC; or

(b) the body; or

(c) a person who has any voting power in the body.

(3) Without limiting subsection (1), the court’s orders may include:

(a) an order directing the disposal of shares; or

(b) an order restraining the exercise of any rights attached to shares; or

(c) an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or

(d) an order that any exercise of rights attached to shares be disregarded; or

(e) an order directing any person to do or refrain from doing a specified act, for the purpose of securing compliance with any other order made under this section; or

(f) an order containing such ancillary or consequential provisions as the court thinks just.

(4) Before making an order under this section, the court may direct that notice of the application:

(a) be given to such persons as the court thinks fit; or

(b) be published in such manner as the court thinks fit.

(5) The court may, by order:

(a) rescind, vary or discharge an order made by the court under this section; or

(b) suspend the operation of such an order.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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