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 9 - Co-operation between Australian and foreign courts in external administration matters  

SECTION 581   COURTS TO ACT IN AID OF EACH OTHER  

581(1)    

All courts having jurisdiction in matters arising under this Act, the judges of those courts and the officers of, or under the control of, those courts must severally act in aid of, and be auxiliary to, each other in all matters ( external administration matters ) relating to:

(a)    winding up, under this Chapter, a company or a Part 5.7 body; or

(b)    winding up, outside Australia, a body corporate or a Part 5.7 body; or

(c)    the insolvency of a body corporate or of a Part 5.7 body.

581(2)    
In all external administration matters, the Court:

(a)    

must act in aid of, and be auxiliary to, the courts of:

(i) (Repealed)

(ii) States that are not in this jurisdiction; and

(iii) countries prescribed for the purposes of this subparagraph; and

(iv) colonies, overseas territories or protectorates of such countries;

that have jurisdiction in external administration matters; and

(b)    may act in aid of, and be auxiliary to, the courts of other countries that have jurisdiction in external administration matters.

581(3)    

Where a letter of request from a court of a country other than Australia requesting aid in an external administration matter is filed in the Court, the Court may exercise such powers with respect to the matter as it could exercise if the matter had arisen in its own jurisdiction.

581(4)    

The Court may request a court of a country other than Australia that has jurisdiction in external administration matters to act in aid of, and be auxiliary to, it in an external administration matter.