Corporations Act 2001
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 ).
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
(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;
When proceedings may be begun 588ZB(4)
(ii) any other matter that the Court considers relevant.
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.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.