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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 90-20  APPLICATION FOR COURT ORDER  

90-20(1)  

Each of the following persons may apply for an order under section 90-15:


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


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


(c) ASIC;


(d) an officer of the company;


(e) if the application is in relation to a company that is a friendly society within the meaning of the Life Insurance Act 1995 and which may be wound up voluntarily under subsection 180(2) of that Act - APRA.

90-20(2)  

Paragraph (1)(d) has effect despite section 198G.

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

90-20(3)  

If an application is made by a person referred to in paragraph (1)(b), the reasonable expenses associated with the application are to be taken to be expenses incurred by a person as a member of the committee.

 



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