Applications by a liquidator for directions under s 479(3) of the Corporations Act 2001 should be brought by notice of motion in the winding up proceedings, not in separate proceedings. In the absence of a real conflict, the liquidator (rather than a court-appointed receiver or new trustee) should cause the company to recover trust assets, and the case for appointing a receiver or new trustee must be a strong one.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.