CORPORATIONS ACT 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

Division 8 - Pooling  

Subdivision B - Pooling orders  

SECTION 579K   NOTICE OF POOLING ORDER ETC.  

579K(1)   Notice of pooling order.  

If a pooling order is made in relation to a group of 2 or more companies, the liquidator or liquidators of the companies in the group must:


(a) give each eligible unsecured creditor of each company in the group a written notice setting out:


(i) the order; and

(ii) a summary description of the order; or


(b) give each eligible unsecured creditor of each company in the group a written notice of a website where persons can view a copy of:


(i) the order; and

(ii) a summary description of the order.

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

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

579K(2)   [ Notice where group company under members voluntary winding up]  

If:


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


(b) a company in the group is being wound up under a members ' voluntary winding up;

the liquidator or liquidators of the companies in the group must:


(c) give each member of that company a written notice setting out:


(i) the order; and

(ii) a summary description of the order;
so long as the member is not a company in the group; or


(d) give each member of that company a written notice of a website where persons can view a copy of:


(i) the order; and

(ii) a summary description of the order;
so long as the member is not a company in the group.

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

579K(3)   Notice of application by liquidator.  

If:


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


(b) the Court does any of the following on the application of a liquidator of a company in the group:


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

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

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

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

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

the liquidator must:


(c) give each eligible unsecured creditor of each company in the group a written notice setting out:


(i) the order, direction or variation; and

(ii) a summary description of the order, direction or variation; or


(d) give each eligible unsecured creditor of each company in the group a written notice of a website where persons can view a copy of:


(i) the order, direction or variation; and

(ii) a summary description of the order, direction or variation.

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

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

579K(4)   [ 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 Court does any of the following on the application of a liquidator of a company in the group:


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

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

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

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

(v) varies a direction given under subsection 579G(1) ; and


(c) a company in the group is being wound up under a members ' voluntary winding up;

the liquidator must:


(d) give each member of that company a written notice setting out:


(i) the order, direction or variation; and

(ii) a summary description of the order, direction or variation;
so long as the member is not a company in the group; or


(e) give each member of that company a written notice of a website where persons can view a copy of:


(i) the order, direction or variation; and

(ii) a summary description of the order, direction or variation;
so long as the member is not a company in the group.

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


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