Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .

Division 1A - When winding up taken to begin  

SECTION 513A  

513A   WINDING UP ORDERED BY THE COURT  
If the Court orders under section 233 , 459A , 459B or 461 that a company be wound up, the winding up is taken to have begun or commenced:

(a)    if, when the order was made, a winding up of the company was already in progress - when the last-mentioned winding up is taken because of this Division to have begun or commenced; or

(b)    if, immediately before the order was made, the company was under administration - on the section 513C day in relation to the administration; or

(c)    if:

(i) when the order was made, a provisional liquidator of the company was acting; and

(ii) immediately before the provisional liquidator was appointed, the company was under administration;

on the section 513C day in relation to the administration; or

(d)    if, immediately before the order was made, a deed of company arrangement had been executed by the company and had not yet terminated - on the section 513C day in relation to the administration that ended when the deed was executed; or

(da)    

if, immediately before the order was made, the company was under restructuring - on the section 513CA day in relation to the restructuring; or

(db)    

if:

(i) when the order was made, a provisional liquidator of the company was acting; and

(ii) immediately before the provisional liquidator was appointed, the company was under restructuring;

on the section 513CA day in relation to the restructuring; or

(dc)    

if, immediately before the order was made, a restructuring plan had been made by the company and had not yet terminated - on the section 513CA day in relation to the restructuring that ended when the plan was made; or

(e)    otherwise - on the day when the order was made.