Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.4 - WINDING UP IN INSOLVENCY  

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

Division 4 - Application for order to wind up company in insolvency  

SECTION 459R   PERIOD WITHIN WHICH APPLICATION MUST BE DETERMINED  

459R(1)   [ Time limit]  

An application for a company to be wound up in insolvency is to be determined within 6 months after it is made.

459R(2)   [ Extension of period]  

The Court may by order extend the period within which an application must be determined, but only if:


(a) the Court is satisfied that special circumstances justify the extension; and


(b) the order is made within that period as prescribed by subsection (1), or as last extended under this subsection, as the case requires.

459R(3)   [ Application automatically dismissed]  

An application is, because of this subsection, dismissed if it is not determined as required by this section.

459R(4)   [ Order subject to conditions]  

An order under subsection (2) may be made subject to conditions.


 

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.