Section 581(2) of the Corporations Act 2001 does not mandate that an Australian court refuse to make a winding up order in respect of a foreign company simply because the company has filed for bankruptcy under Chapter 11 in the United States. The section requires the court to consider what aid it should properly give, which involves an exercise of discretion weighing all relevant circumstances. A company whose foreign proceeding is not recognised under the Model Law cannot rely on s 581(2) to achieve a stronger position than one whose proceeding is recognised as a foreign main proceeding.
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