A subcontractor's charge under the Subcontractors' Charges Act 1974 (Qld) may validly be created by notice given after the head contractor enters administration or a deed of company arrangement, because the creation of the charge is not a transaction by or on behalf of the company within s 437D of the Corporations Law. However, the charge will be extinguished under s 15(3) unless the subcontractor commences a proceeding that is properly characterised as a 'proceeding in respect of a charge' under the Act within the two-month time limit; a simple debt claim for work and labour done is insufficient.
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