Corporations Act 2001

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)  

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.


View surrounding sectionsView surrounding sectionsBack to top


This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.