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CORPORATIONS ACT 2001

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)    View history reference

Note: See section 600K.

PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS  

Division 90 - Review of the external administration of a company  

Subdivision B - Court powers to inquire and make orders  

CLAUSE 90-10  COURT MAY INQUIRE ON APPLICATION OF CREDITORS ETC.  

90-10(1)  

The Court may, on the application of a person mentioned in subsection (2), inquire into the external administration of a company.

90-10(2)  

Each of the following persons may make an application for an inquiry:


(a) a person with a financial interest in the external administration of the company;


(b) an officer of the company;


(c) if the committee of inspection (if any) so resolves - a creditor, on behalf of the committee;


(d) ASIC.

90-10(3)  

Paragraph (2)(b) has effect despite section 198G.

Note: Section 198G deals with powers of officers etc. while a company is under external administration.

90-10(4)  

The Court may, for the purposes of such an inquiry, require a person who is or has at any time been the external administrator of the company to:


(a) give information; or


(b) provide a report; or


(c) produce a document;

to the Court in relation to the external administration of the company.

90-10(5)  

If an application is made by a person referred to in paragraph (2)(c), the reasonable expenses associated with the application are to be taken to be expenses incurred by a person as a member of the committee unless otherwise ordered by the Court.

90-10(6)  

This section does not limit the Court's powers under any other provision of this Act, or under any other law.

 



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