Court may cancel or confirm variation
579B Court may cancel or confirm variation
If:
a pooling determination is in force in relation to a group of 2 or more companies; and
the determination is varied; and
the variation has come into force;
either of the following persons may apply to the Court for an order cancelling the variation:
a creditor of a company in the group;
in a case where a company in the group is being wound up under a members’ voluntary winding up—a member of the company, so long as the member is not a company in the group.
On an application, the Court:
may make an order cancelling the variation, or confirming it, either wholly or in part, on such conditions (if any) as the order specifies; and
may make such other orders as it thinks appropriate.
If the Court makes an order under subsection (2), the applicant for the order must:
lodge with ASIC a notice setting out the text of the order; and
do so within 2 business days after the making of the order.
The notice must be in the prescribed form.
This provision refers to the regulations (prescribed form
). Made under this Act:
- Corporations Regulations 2001 · under s 1364
115 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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