CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 5 - EXTERNAL ADMINISTRATION
PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT
History
Pt 5.3A inserted by No 210 of 1992, s 56 (effective 23 June
1993).
Division 13 - Powers of Court
History
Heading inserted by No 210 of 1992, s 56 (effective 23 June
1993).
SECTION 447A
GENERAL POWER TO MAKE ORDERS
447A(1)
[General powers of Court]
The Court may make such order as it thinks appropriate about how this Part is to operate in relation to a particular company.
History
S 447A(1) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
447A(2)
[Example of Court order]
For example, if the Court is satisfied that the administration of a company should end:
(a)
because the company is solvent; or
(b)
because provisions of this Part are being abused; or
(c)
for some other reason;
the Court may order under subsection
(1) that the adminstration is to end.
History
S 447A(2) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
447A(3)
[Order subject to conditions]
An order may be made subject to conditions.
History
S 447A(3) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
447A(4)
[Who may apply for order]
An order may be made on the application of:
(a)
the company; or
(b)
a creditor of the company; or
(c)
in the case of a company under administration - the administrator of the company; or
(d)
in the case of a company that has executed a deed of company arrangement - the deed's administrator; or
(e)
the Commission; or
(f)
any other interested person.
History
S 447A(4) inserted by No 210 of 1992, s 56 (effective 23 June 1993).