Corporations Amendment (Insolvency) Act 2007 (132 of 2007)
Schedule 4 Fine-tuning voluntary administration
Part 1 General
Corporations Act 2001
44 After subsection 482(2)
Insert:
(2A) If such an application is made in relation to a company subject to a deed of company arrangement, then, in determining the application, the Court must have regard to all of the following matters:
(a) any report that has been given to the Court by:
(i) the administrator, or a former administrator, of the company; or
(ii) the liquidator, or a former liquidator, of the company; or
(iii) ASIC;
and that contains an allegation that an officer of the company has engaged in misconduct;
(b) any report that has been lodged with ASIC by:
(i) the administrator, or a former administrator, of the company; or
(ii) the liquidator, or a former liquidator, of the company;
and that contains an allegation that an officer of the company has engaged in misconduct;
(c) the decision of the company's creditors to resolve that the company execute a deed of company arrangement;
(d) the statement that was given under paragraph 439A(4)(b) when the company was under administration;
(e) whether the deed of company arrangement is likely to result in the company becoming or remaining insolvent;
(f) any other relevant matters.
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