Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.7B - RECOVERING PROPERTY OR COMPENSATION FOR THE BENEFIT OF CREDITORS OF INSOLVENT COMPANY  

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 ).

Division 8 - Employee entitlements contribution orders  

SECTION 588ZB   WHO MAY APPLY FOR AN EMPLOYEE ENTITLEMENTS CONTRIBUTION ORDER  

588ZB(1)  
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


(b) either:


(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;

(ii) any other matter that the Court considers relevant.
When proceedings may be begun

588ZB(4)  
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.


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