Corporations Act 2001

An application to the Court for an employee entitlements contribution order may only be made by:

the liquidator of the insolvent company referred to in paragraph 588ZA(1)(a) (the insolvent company); or

the Commissioner of Taxation; or

the Fair Work Ombudsman; or

the Secretary of the Department administered by the Minister who administers the Fair Entitlements Guarantee Act 2012.

If a liquidator is appointed to the insolvent company, a person mentioned in paragraph (1)(b), (c) or (d) may make the application only:

if the liquidator has given written consent to the applicant for the application to be made; or

with the leave of the Court.

The Court may give leave under paragraph (2)(b) only if:

the applicant has given a written notice to the liquidator asking the liquidator to give consent under paragraph (2)(a); and

either:

the liquidator has given written notice to the applicant refusing to give consent under paragraph (2)(a); or

more than 30 days have passed since the notice under paragraph (a) of this subsection was given; and

the Court is satisfied that it is appropriate to give leave, having regard to the following matters:

whether it is likely that the liquidator will make an application for an employee entitlements contribution order in relation to the insolvent company;

any other matter that the Court considers relevant.

An application for an employee entitlements contribution order may only be made within 6 years after the beginning of the winding up of the insolvent company.