THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.6 - WINDING UP GENERALLY

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

SECTION 581   COURTS TO ACT IN AID OF EACH OTHER  

View history reference

581(1)  [Courts to act in aid of each other]  

All courts having jurisdiction in matters arising under the Corporations Law of this jurisdiction, 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:

(a)  each other; and

(b)  all courts having jurisdiction in matters arising under corresponding laws, the Judges of those courts and the officers of, or under the control of, those courts;

in all external administration matters.

 View history note

581(2)  [Other courts]  

In all external administration matters, the Court:

(a)  shall act in aid of, and be auxiliary to, the courts of the excluded Territories, and of prescribed 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)  [Letter of request from other court]  

Where a letter of request from a court of an excluded Territory, or 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 within its own jurisdiction.

581(4)  [Request to other court]  

The Court may request a court of an excluded Territory, or 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.

 

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