579J

Notice of application for pooling order etc

In force

(1)

If the liquidator or liquidators of the companies in a group apply for a pooling order, the liquidator or liquidators must give written notice of:

(a)

the application; or

(b)

a website where persons can view a copy of the application;

to:

(c)

each eligible unsecured creditor of each company in the group; and

(d)

in a case where a company in the group is being wound up under a members’ voluntary winding up—each member of the company, so long as the member is not a company in the group; and

(e)

such other persons (if any) as the Court directs.

Note:

For eligible unsecured creditor, see section 579Q.

(2)

If:

(a)

a pooling order is made in relation to a group of 2 or more companies; and

(b)

the liquidator of a company in the group applies for:

(i)

an order under subsection 579F(1); or

(ii)

an order under subsection 579G(1); or

(iii)

an order under subsection 579H(1); or

(iv)

a direction under subsection 579G(1); or

(v)

a variation of a direction given under subsection 579G(1);

the liquidator must give written notice of:

(c)

the application; or

(d)

a website where persons can view a copy of the application;

to:

(e)

each eligible unsecured creditor of each company in the group; and

(f)

in a case where a company in the group is being wound up under a members’ voluntary winding up—each member of the company, so long as the member is not a company in the group; and

(g)

such other persons (if any) as the Court directs.

Note:

For eligible unsecured creditor, see section 579Q.

This Act’s bill:Explanatory memorandum Second reading speech

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