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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 B - Proceedings by creditor  

SECTION 588U  EVENTS PREVENTING CREDITOR FROM SUING  

588U(1)  [Creditor cannot begin proceedings]  


A creditor of a company that is being wound up cannot begin proceedings under section 588M in relation to the incurring of a debt by the company if:


(a) the company's liquidator has applied under section 588FF in relation to the debt, or in relation to a transaction under which the debt was incurred; or


(b) the company's liquidator has begun proceedings under section 588M in relation to the incurring of the debt; or


(c) the company's liquidator has intervened in an application for a civil penalty order against a person in relation to a contravention of subsection 588G(2) in relation to the incurring of the debt.

588U(2)  [Paramountcy]  


Subsection (1) has effect despite sections 588R and 588T.

 



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