The power under s 601EE(2) of the Corporations Act 2001 (Cth) to make orders 'appropriate for the winding up' of an unregistered managed investment scheme is confined to orders facilitating the realisation and distribution of scheme property. Property that was merely made available for use by the scheme but not contributed to it as scheme property cannot be the subject of a sale order under s 601EE(2). The scheme property of an unregistered scheme is to be identified by reference to the terms of the scheme regarding contributions, guided by the definition of 'scheme property' for registered schemes in s 9 of the Act.
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