CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 5 - EXTERNAL ADMINISTRATION
PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT
History
Pt 5.3A inserted by No 210 of 1992, s 56 (effective 23 June
1993).
Division 6 - Protection of company's property during administration
History
Heading inserted by No 210 of 1992, s 56 (effective 23 June
1993).
SECTION 440D
STAY OF PROCEEDINGS
440D(1)
[Proceedings not to be begun or proceeded with]
During the administration of a company, a proceeding in a court against the company or in relation to any of its property cannot be begun or proceeded with, except:
(a)
with the administrator's written consent; or
(b)
with the leave of the Court and in accordance with such terms (if any) as the Court imposes.
History
S 440D(1) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
440D(2)
[Criminal proceedings, etc]
Subsection
(1) does not apply to:
(a)
a criminal proceeding; or
(b)
a prescribed proceeding.
History
S 440D(2) inserted by No 210 of 1992, s 56 (effective 23 June 1993).