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CORPORATIONS ACT 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

Division 8 - Pooling    View history reference

Subdivision B - Pooling orders    View history reference

SECTION 579J  NOTICE OF APPLICATION FOR POOLING ORDER ETC.  

 View history reference

579J(1)  [Notice of application]  


If the liquidator or liquidators of the companies in a group apply for a pooling order, the liquidator or liquidators must give written notice of:


(a) the application; or


(b) a website where persons can view a copy of the application;
 View history reference

to:


(c) each eligible unsecured creditor of each company in the group; and


(d) in a case where a company in the group is being wound up under a members' voluntary winding up - each member of the company, so long as the member is not a company in the group; and


(e) such other persons (if any) as the Court directs.

Note 1: For eligible unsecured creditor, see section 579Q.

Note 2: For electronic notification under this subsection, see section 600G.

579J(2)  [Notice of application for other orders]  


If:


(a) a pooling order is made in relation to a group of 2 or more companies; and


(b) the liquidator of a company in the group applies for:


(i) an order under subsection 579F(1); or

(ii) an order under subsection 579G(1); or

(iii) an order under subsection 579H(1); or

(iv) a direction under subsection 579G(1); or

(v) a variation of a direction given under subsection 579G(1);

the liquidator must give written notice of:


(c) the application; or


(d) a website where persons can view a copy of the application;
 View history reference

to:


(e) each eligible unsecured creditor of each company in the group; and


(f) in a case where a company in the group is being wound up under a members' voluntary winding up - each member of the company, so long as the member is not a company in the group; and


(g) such other persons (if any) as the Court directs.

Note 1: For eligible unsecured creditor, see section 579Q.

Note 2: For electronic notification under this subsection, see section 600G.


 



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