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COMMONWEALTHAct
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s 88

Application for order for judicial trusteeship

In force
Part VIILloyd’s
Division 5Judicial trusteeship of designated security trust funds

88 Application for order for judicial trusteeship

(1)

APRA may apply to the Federal Court for an order that a designated security trust fund be placed under judicial trusteeship.

(2)

A party to the trust deed of a designated security trust fund may apply to the Federal Court for an order that the fund be placed under judicial trusteeship.

(3)

A person is not entitled to make an application under subsection (2) unless:

(a)

the person has given APRA at least one month’s notice in writing of the person’s intention to apply; or

(b)

the Federal Court grants leave to make the application.

(4)

On an application by APRA:

(a)

Lloyd’s; and

(b)

a party to the fund’s trust deed;

are entitled to be heard.

(5)

On an application by a party to the fund’s trust deed:

(a)

APRA; and

(b)

any other party to the trust deed;

are entitled to be heard.

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