Section 456E — Corporations Act 2001: Vacancy in office of restructuring practitioner for company

(1) Where the restructuring practitioner for a company: (a) dies; or (b) becomes prohibited from acting as restructuring practitioner for the company; or (c) resigns by notice in writing given to the company; the appointer may appoint someone else as restructuring practitioner for the company. (2) In subsection (1): appointer, in relation to the restructuring practitioner for a company, means: (a) if the restructuring practitioner was appointed by the Court under Division 90 of Schedule 2 (review of the external administration of a company) or subsection (4) of this section—the Court; or (b) the company. (3) An appointment under subsection (1) by the company must be made by resolution of the board. (4) Where a company is under restructuring, but for some reason no restructuring practitioner is acting, the Court may appoint a person as restructuring practitioner on the application of ASIC or of an officer, member or creditor of the company.