Corporations Act 2001
(a) a pooling determination is in force in relation to a group of 2 or more companies; and
(b) the determination is varied; and
(c) the variation has come into force;
either of the following persons may apply to the Court for an order cancelling the variation:
(d) a creditor of a company in the group;
(e) in a case where a company in the group is being wound up under a members ' voluntary winding up - a member of the company, so long as the member is not a company in the group. 579B(2)
On an application, the Court:
(a) may make an order cancelling the variation, or confirming it, either wholly or in part, on such conditions (if any) as the order specifies; and
(b) may make such other orders as it thinks appropriate. 579B(3)
If the Court makes an order under subsection (2), the applicant for the order must:
(a) lodge with ASIC a notice setting out the text of the order; and
(b) do so within 2 business days after the making of the order.
The notice must be in the prescribed form.
[ CCH Note: S 579B(3) will be amended by No 69 of 2020, s 3, Sch 1 and [ 789], by substituting " the Registrar " for " ASIC " in para (a) and " meet any requirements of the data standards " for " be in the prescribed form " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
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