CORPORATIONS — management and administration — where very complex and large voluntary administration — orders sought to limit voluntary administrators’ personal liability in respect of notices under s 443B of the Corporations Act 2001 (Cth) and pre-appointment payroll practices — further orders sought for email notification to creditors, establishment of single committee of inspection and preparation of combined remuneration report — orders sought granted
Quick Take
1Section 447A of the Corporations Act 2001 (Cth) may be used to extend the time before voluntary administrators assume personal liability under s 443B for leases, particularly where the administration is unfunded and the administrators have not had sufficient opportunity to assess which leases should be retained, as premature termination risks destroying business value to the detriment of all stakeholders including lessors.
2In a very large voluntary administration involving hundreds of companies, orders permitting email notification to creditors, a single committee of inspection across group companies, and a combined remuneration report are appropriate to reduce costs and avoid imposing avoidable expense on the administration.
3An ex parte application for such early-stage relief may be justified where the scale of the creditor body makes advance notification impractical and costly, provided creditors' rights to apply to set aside the orders are preserved.
Case Details
Citation[2026] NSWSC 1062
CourtNSWSC
JurisdictionNew South Wales
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