CORPORATIONS ACT 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

Division 8 - Pooling  

Subdivision B - Pooling orders  

SECTION 579J   NOTICE OF APPLICATION FOR POOLING ORDER ETC.  

579J(1)   [ Notice of application]  

If the liquidator or liquidators of the companies in a group apply for a pooling order, the liquidator or liquidators must give written notice of:


(a) the application; or


(b) a website where persons can view a copy of the application;

to:


(c) each eligible unsecured creditor of each company in the group; and


(d) in a case where a company in the group is being wound up under a members ' voluntary winding up - each member of the company, so long as the member is not a company in the group; and


(e) such other persons (if any) as the Court directs.

Note 1: For eligible unsecured creditor , see section 579Q .

Note 2: For electronic notification under this subsection, see section 600G .

579J(2)   [ Notice of application for other orders]  

If:


(a) a pooling order is made in relation to a group of 2 or more companies; and


(b) the liquidator of a company in the group applies for:


(i) an order under subsection 579F(1) ; or

(ii) an order under subsection 579G(1) ; or

(iii) an order under subsection 579H(1) ; or

(iv) a direction under subsection 579G(1) ; or

(v) a variation of a direction given under subsection 579G(1) ;

the liquidator must give written notice of:


(c) the application; or


(d) a website where persons can view a copy of the application;

to:


(e) each eligible unsecured creditor of each company in the group; and


(f) in a case where a company in the group is being wound up under a members ' voluntary winding up - each member of the company, so long as the member is not a company in the group; and


(g) such other persons (if any) as the Court directs.

Note 1: For eligible unsecured creditor , see section 579Q .

Note 2: For electronic notification under this subsection, see section 600G .


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