THE CORPORATIONS LAW

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 5.2 - RECEIVERS, AND OTHER CONTROLLERS, OF PROPERTY OF CORPORATIONS

 View history note

 Hide history note

History

Heading substituted by No 210 of 1992, s 37 (effective 23 June 1993).

SECTION 418A   COURT MAY DECLARE WHETHER CONTROLLER IS VALIDLY ACTING  

View history reference

418A(1)  [Application to Court where there is doubt]  

Where there is doubt, on a specific ground, about:

(a)  whether a purported appointment of a person, after the commencement of this section, as receiver of property of a corporation is valid; or

(b)  whether a person who has entered into possession, or assumed control, of property of a corporation after the commencement of this section did so validly under the terms of a charge on that property;

the person, the corporation or any of the corporation's creditors may apply to the Court for an order under subsection (2).

 View history note

 Hide history note

History

S 418A(1) inserted by No 210 of 1992, s 39 (effective 23 June 1993).

418A(2)  [Powers of Court]  

On an application, the Court may make an order declaring whether or not:

(a)  the purported appointment was valid; or

(b)  the person entered into possession, or assumed control, validly under the terms of the charge;

as the case may be, on the ground specified in the application or on some other ground.

 View history note

 Hide history note

History

S 418A(2) inserted by No 210 of 1992, s 39 (effective 23 June 1993).

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.