Corporations Act 2001

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)  

Note: See section 600K .

PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS  

Division 90 - Review of the external administration of a company  

Subdivision C - Review by another registered liquidator  

CLAUSE 90-28   COURT ORDERS IN RELATION TO REVIEW  
Application of this section

90-28(1)    
This section applies if:


(a) a reviewing liquidator has been appointed under this Subdivision in relation to one or more matters; and


(b) the review has not been completed.

Court orders on application by the reviewing liquidator

90-28(2)    
On application by the reviewing liquidator, the Court may make any or all of the following orders in relation to the review:


(a) requiring the external administrator of the company or any other person to provide books, information or assistance to the reviewing liquidator;


(b) requiring the reviewing liquidator to carry out a review of one or more matters that relate to the external administration of the company and that are specified in the order instead of, or in addition to, the matters referred to in paragraph (1)(a);


(c) accepting the resignation of the reviewing liquidator, and appointing another registered liquidator as reviewing liquidator for the matter or matters;


(d) any other order that the Court thinks fit.

Court orders on application by a person with a financial interest

90-28(3)    
On application by a person mentioned in subsection (4), the Court may make any or all of the following orders in relation to the review:


(a) requiring the reviewing liquidator to carry out a review of one or more matters that relate to the external administration and that are specified in the order instead of, or in addition to, the matters referred to in paragraph (1)(a) of this section;


(b) removing from office the reviewing liquidator, and appointing another registered liquidator as reviewing liquidator for the matter or matters;


(c) any other order that the Court thinks fit.

90-28(4)    
The persons who may make an application under subsection (3) are:


(a) a person with a financial interest in the external administration of the company; or


(b) an officer of the company.

90-28(5)    
Paragraph (4)(b) has effect despite section 198G .

Note: Section 198G deals with powers of officers etc. while a company is under external administration.



 

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.