THE CORPORATIONS LAW

CHAPTER 11 - APPLICATION AND TRANSITIONAL PROVISIONS

PART 11.2 - COMMENCEMENT AND APPLICATION OF CERTAIN CHANGES TO THIS LAW

Division 5 - Changes resulting from the Corporate Law Reform Act 1992

SECTION 1383   CONTINUED APPLICATION OF OLD PARTS 5.4, 5.5 AND 5.6  

1383(1)  [Definitions]  

In this section:

``old winding up law'' means Parts 5.4, 5.5 and 5.6 as in force before the relevant commencement;

``relevant commencement'' means the commencement of section 57 of the Corporate Law Reform Act 1992.

1383(2)  [Winding up already ordered]  

If, before the relevant commencement, the Court ordered the winding up of a company, the old winding up law continues to apply for the purposes of the winding up.

1383(3)  [Winding up application already lodged]  

If, before the relevant commencement, an application was made for the Court to order the winding up of a company, the old winding up law continues to apply for the purposes of:

(a)  determining, or otherwise disposing of, the application; and

(b)  winding up the company under an order of the Court made on the application.

1383(4)  [Notice of demand already served]  

If, before the relevant commencement, a demand was served on a company under paragraph 460(2)(a), the old winding up law continues to apply for the purposes of:

(a)  making after that commencement, in reliance on the demand, an application for the Court to order the winding up of the company on the ground provided for by subsection 460(1); and

(b)  determining, or otherwise disposing of, an application of that kind so made; and

(c)  winding up the company under an order of the Court made on an application of that kind so made.

1383(5)  [Voluntary winding up resolution already passed]  

If, before the relevant commencement, a company passed a special resolution under section 491 that the company be wound up voluntarily, the old winding up law continues to apply for the purposes of:

(a)  the voluntary winding up; and

(b)  making after that commencement an application for the Court to order the winding up of the company; and

(c)  determining, or otherwise disposing of, an application of that kind made after that commencement; and

(d)  winding up the company under an order of the Court made, after that commencement, on an application of that kind.

1383(6)  [Administrator can be appointed]  

Even if the old winding up law continues to apply, because of this section, for particular purposes relating to a company, an administrator of the company may still be appointed under section 436A, 436B or 436C.

1383(7)  [Effect of amendments on continued application of old winding up law]  

The old winding up law continues to apply, because of this section, as if:

(a)  despite subsection 6(4), there were inserted in section 9 (as in force before the relevant commencement) the definitions of ``administration'', ``administrator'' and ``deed of company arrangement'' that section 29 of the Corporate Law Reform Act 1992 inserts in section 9 of the Corporations Law set out in section 82 of the Corporations Act 1989; and

(b)  despite subsection 6(4), section 82A of this Law (as so in force) were amended as set out in section 33 of that Act; and

(c)  section 468 of this Law (as so in force) were amended as set out in section 65 of that Act; and

(d)  section 481 of this Law (as so in force) were amended as set out in section 75 of that Act; and

(e)  section 556 of this Law (as so in force) were amended by inserting after paragraph (1)(d) the following paragraphs:

; and

(f)  sections 57 to 64, inclusive, 66 to 74, inclusive, 76 to 109, inclusive, and 111, of that Act had not been enacted.

1383(8)  [Sec 565(4)]  

Subsection 565(4), as continuing to apply because of this section, has effect subject to Part 5.3A.