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 .
View history note
Hide history noteNotice of pooling order
579K(1)
If a pooling order is made in relation to a group of 2 or more companies, the liquidator or liquidators of the companies in the group must:
(a) give each eligible unsecured creditor of each company in the group a written notice setting out:
(i) the order; and
(ii) a summary description of the order; or
(b) give each eligible unsecured creditor of each company in the group a written notice of a website where persons can view a copy of:
(i) the order; and
(ii) a summary description of the order.
Note: For eligible unsecured creditor , see section 579Q .
579K(2)
If:
(a) a pooling order is made in relation to a group of 2 or more companies; and
(b) a company in the group is being wound up under a members ' voluntary winding up;
the liquidator or liquidators of the companies in the group must:
(c) give each member of that company a written notice setting out:
(i) the order; and
so long as the member is not a company in the group; or
(ii) a summary description of the order;
(d) give each member of that company a written notice of a website where persons can view a copy of:
(i) the order; and
so long as the member is not a company in the group.
(ii) a summary description of the order;
Notice of application by liquidator
579K(3)
If:
(a) a pooling order is made in relation to a group of 2 or more companies; and
(b) the Court does any of the following on the application of a liquidator of a company in the group:
(i) makes an order under subsection 579F(1) ;
(ii) makes an order under subsection 579G(1) ;
(iii) makes an order under subsection 579H(1) ;
(iv) gives a direction under subsection 579G(1) ;
(v) varies a direction given under subsection 579G(1) ;
the liquidator must:
(c) give each eligible unsecured creditor of each company in the group a written notice setting out:
(i) the order, direction or variation; and
(ii) a summary description of the order, direction or variation; or
(d) give each eligible unsecured creditor of each company in the group a written notice of a website where persons can view a copy of:
(i) the order, direction or variation; and
(ii) a summary description of the order, direction or variation.
Note: For eligible unsecured creditor , see section 579Q .
579K(4)
If:
(a) a pooling order is made in relation to a group of 2 or more companies; and
(b) the Court does any of the following on the application of a liquidator of a company in the group:
(i) makes an order under subsection 579F(1) ;
(ii) makes an order under subsection 579G(1) ;
(iii) makes an order under subsection 579H(1) ;
(iv) gives a direction under subsection 579G(1) ;
(v) varies a direction given under subsection 579G(1) ; and
(c) a company in the group is being wound up under a members ' voluntary winding up;
the liquidator must:
(d) give each member of that company a written notice setting out:
(i) the order, direction or variation; and
so long as the member is not a company in the group; or
(ii) a summary description of the order, direction or variation;
(e) give each member of that company a written notice of a website where persons can view a copy of:
(i) the order, direction or variation; and
so long as the member is not a company in the group.
(ii) a summary description of the order, direction or variation;
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