Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (6 of 2020)
Schedule 1 Phoenixing offences and other rules about property transfers to defeat creditors
Part 1 Main amendments of the Corporations Act 2001
Corporations Act 2001
55 After subsection 588J(1)
Insert:
(1A) If, on an application for a civil penalty order against a person for a contravention of subsection 588GAB(2) or 588GAC(2) relating to a disposition of property of a company, the Court is satisfied that:
(a) the person contravened the subsection; and
(b) one or more creditors of the company suffered loss or damage because of the disposition and the company's insolvency;
the Court may order the person to pay the company compensation equal to the loss or damage (whether or not the Court makes a pecuniary penalty order under section 1317G or an order under section 206C disqualifying the person from managing corporations).
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