Corporations Act 2001
If a company is being wound up in insolvency or by the Court, or a provisional liquidator of a company has been appointed:
(a) in a case in which a liquidator or provisional liquidator has been appointed - the liquidator or provisional liquidator must take into his or her custody, or under his or her control, all the property which is, or which appears to be, property of the company; or
(b) in a case in which there is no liquidator - all the property of the company is to be in the custody of the Court.
Note: Section 465 extends the meaning of the property of the company to include PPSA retention of title property, if the security interest in the property has vested in the company in certain situations.
The Court may, on the application of the liquidator, by order direct that all or any part of the property of the company vests in the liquidator and thereupon the property to which the order relates vests accordingly and the liquidator may, after giving such indemnity (if any) as the Court directs, bring, or may defend, any action or other legal proceeding that relates to that property or that it is necessary to bring or defend for the purpose of effectually winding up the company and recovering its property. 474(3)
Where an order is made under this section, the liquidator of the company to which the order relates must, within 14 days after the making of the order, lodge with ASIC an office copy of the order.
[ CCH Note: S 474(3) will be amended by No 69 of 2020, s 3, Sch 1 and [ 745], by substituting " the Registrar " for " ASIC " and inserting " The lodgement must meet any requirements of the data standards. " at the end, (effective 22 June 2022 or a day or days to be fixed by Proclamation).]