Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .
Variation of ancillary order
579H(1)
The Court may, by order, vary an order made under subsection 579G(1) if the Court is of the opinion that it is just and equitable to do so.
579H(2)
An order made under subsection 579G(1) may only be varied on the application of: (a) the liquidator of a company in the group; or (b) a creditor of a company in the group, so long as the creditor is not a company in the group; or (c) in a case where a company in the group is being wound up under a members ' voluntary winding up - a member of the company, so long as the member is not a company in the group.
Variation of direction
579H(3)
The Court may vary a direction given under subsection 579G(1) if the Court is of the opinion that it is just and equitable to do so.
579H(4)
A direction given under subsection 579G(1) may only be varied on the application of: (a) the liquidator of a company in the group; or (b) a creditor of a company in the group; or (c) in a case where a company in the group is being wound up under a members ' voluntary winding up - a member of the company, so long as the member is not a company in the group.
Lodgment of order or direction
579H(5)
An order under subsection (1) must be lodged with ASIC.
[ CCH Note: S 579H(5) will be amended by No 69 of 2020, s 3, Sch 1[796], by substituting " the Registrar. The lodgement must meet any requirements of the data standards. " for " ASIC. " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
579H(6)
A variation of a direction given under subsection 579G(1) must be lodged with ASIC.
[ CCH Note: S 579H(6) will be amended by No 69 of 2020, s 3, Sch 1[796], by substituting " the Registrar. The lodgement must meet any requirements of the data standards. " for " ASIC. " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note: There is no s 579I.]
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