Sections 596A and 597 of the Corporations Act 2001 (Cth) validly confer judicial power on courts to order and conduct examinations in relation to corporations in receivership and where property is in the possession of a mortgagee or its agent. The relevant focus of the constitutional inquiry is the status of the corporation, not the identity of the eligible applicant. The examination power is analogous to the historical power exercised by courts in the winding up of companies, including voluntary winding up. A consent costs order for 'reasonable costs incurred' denotes party and party costs, not indemnity, solicitor and client, or special costs.
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