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CORPORATIONS ACT 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.7B - RECOVERING PROPERTY OR COMPENSATION FOR THE BENEFIT OF CREDITORS OF INSOLVENT COMPANY  

Division 4 - Director liable to compensate company  

Subdivision A - Proceedings against director  

SECTION 588J  ON APPLICATION FOR CIVIL PENALTY ORDER, COURT MAY ORDER COMPENSATION  

588J(1)  [Grounds for compensation order]  


Where, on an application for a civil penalty order against a person in relation to a contravention of subsection 588G(2), the Court is satisfied that:


(a) the person committed the contravention in relation to the incurring of a debt by a company; and


(b) the debt is wholly or partly unsecured; and


(c) the person to whom the debt is owed has suffered loss or damage in relation to the debt because of the company's insolvency;

the Court may (whether or not it makes a pecuniary penalty order under section 1317G or an order under section 206C disqualifying a person from managing corporations) order the first-mentioned person to pay to the company compensation equal to the amount of that loss or damage.

588J(2)  [Liquidator may intervene]  


A company's liquidator may intervene in an application for a civil penalty order against a person in relation to a contravention of subsection 588G(2).

588J(3)  [Liquidator's right to be heard]  


A company's liquidator who so intervenes is entitled to be heard:


(a) only if the Court is satisfied that the person committed the contravention in relation to the incurring of a debt by that company; and


(b) only on the question whether the Court should order the person to pay compensation to the company.

 



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