Section 462 — Corporations Act 2001: Standing to apply for winding up

(1) A reference in this section to an order to wind up a company is a reference to an order to wind up the company on a ground provided for by section 461. (2) Subject to this section, any one or more of the following may apply for an order to wind up a company: (a) the company; or (b) a creditor (including a contingent or prospective creditor) of the company; or (c) a contributory; or (d) the liquidator of the company; or (e) ASIC pursuant to section 464; or (f) ASIC (in the circumstances set out in subsection (2A)); or (h) APRA. (2A) ASIC may apply for an order to wind up a company under paragraph (2)(f) only if: (a) the company has no members; and (b) ASIC has given the company at least 1 month’s written notice of its intention to apply for the order. (4) The Court must not hear an application by a person being, or persons including, a contingent or prospective creditor of a company for an order to wind up the company unless and until: (a) such security for costs has been given as the Court thinks reasonable; and (b) a prima facie case for winding up the company has been established to the Court’s satisfaction. (5) Except as permitted by this section, a person is not entitled to apply for an order to wind up a company.