Corporations Act 2001

A liquidator or provisional liquidator of a company may by writing appoint an administrator of the company if he or she thinks that the company is insolvent, or is likely to become insolvent at some future time.

A liquidator or provisional liquidator of a company must not appoint any of the following persons under subsection (1):

himself or herself;

if he or she is a partner of a partnership—a partner or employee of the partnership;

if he or she is an employee—his or her employer;

if he or she is an employer—his or her employee;

if he or she is a director, secretary, employee or senior manager of a corporation—a director, secretary, employee or senior manager of the corporation;

at a meeting of the company’s creditors, the company’s creditors pass a resolution approving the appointment; or

the appointment is made with the leave of the Court.