Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 3 of Part 8B.6 (for provisions relating to Division 2B ), Division 5 of Part 8B.6 (for provisions relating to Divisions 2 and 2A ) and Division 6 of Part 8B.6 (for provisions relating to Divisions 3 , 4 , 5 and 6 ).
An application to the Court for an employee entitlements contribution order may only be made by:
(a) the liquidator of the insolvent company referred to in paragraph 588ZA(1)(a) (the insolvent company ); or
(b) the Commissioner of Taxation; or
(c) the Fair Work Ombudsman; or
(d) the Secretary of the Department administered by the Minister who administers the Fair Entitlements Guarantee Act 2012 . 588ZB(2)
If a liquidator is appointed to the insolvent company, a person mentioned in paragraph (1)(b), (c) or (d) may make the application only:
(a) if the liquidator has given written consent to the applicant for the application to be made; or
(b) with the leave of the Court. 588ZB(3)
The Court may give leave under paragraph (2)(b) only if:
(a) the applicant has given a written notice to the liquidator asking the liquidator to give consent under paragraph (2)(a); and
(i) the liquidator has given written notice to the applicant refusing to give consent under paragraph (2)(a); or
(ii) more than 30 days have passed since the notice under paragraph (a) of this subsection was given; and
(c) the Court is satisfied that it is appropriate to give leave, having regard to the following matters:
(i) whether it is likely that the liquidator will make an application for an employee entitlements contribution order in relation to the insolvent company;
When proceedings may be begun 588ZB(4)
(ii) any other matter that the Court considers relevant.
An application for an employee entitlements contribution order may only be made within 6 years after the beginning of the winding up of the insolvent company.