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StatuteCorporations Act 2001

Section 579K — Corporations Act 2001: Notice of pooling order etc.

Text of the provision Official document

Notice of pooling order (1) If a pooling order is made in relation to a group of 2 or more companies, the liquidator or liquidators of the companies in the group must: (a) give each eligible unsecured creditor of each company in the group a written notice setting out: (i) the order; and (ii) a summary description of the order; or (b) give each eligible unsecured creditor of each company in the group a written notice of a website where persons can view a copy of: (i) the order; and (ii) a summary description of the order. 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) a company in the group is being wound up under a members’ voluntary winding up; the liquidator or liquidators of the companies in the group must: (c) give each member of that company a written notice setting out: (i) the order; and (ii) a summary description of the order; so long as the member is not a company in the group; or (d) give each member of that company a written notice of a website where persons can view a copy of: (i) the order; and (ii) a summary description of the order; so long as the member is not a company in the group. Notice of application by liquidator (3) If: (a) a pooling order is made in relation to a group of 2 or more companies; and (b) the Court does any of the following on the application of a liquidator of a company in the group: (i) makes an order under subsection 579F(1); (ii) makes an order under subsection 579G(1); (iii) makes an order under subsection 579H(1); (iv) gives a direction under subsection 579G(1); (v) varies a direction given under subsection 579G(1); the liquidator must: (c) give each eligible unsecured creditor of each company in the group a written notice setting out: (i) the order, direction or variation; and (ii) a summary description of the order, direction or variation; or (d) give each eligible unsecured creditor of each company in the group a written notice of a website where persons can view a copy of: (i) the order, direction or variation; and (ii) a summary description of the order, direction or variation. Note: For eligible unsecured creditor, see section 579Q. (4) If: (a) a pooling order is made in relation to a group of 2 or more companies; and (b) the Court does any of the following on the application of a liquidator of a company in the group: (i) makes an order under subsection 579F(1); (ii) makes an order under subsection 579G(1); (iii) makes an order under subsection 579H(1); (iv) gives a direction under subsection 579G(1); (v) varies a direction given under subsection 579G(1); and (c) a company in the group is being wound up under a members’ voluntary winding up; the liquidator must: (d) give each member of that company a written notice setting out: (i) the order, direction or variation; and (ii) a summary description of the order, direction or variation; so long as the member is not a company in the group; or (e) give each member of that company a written notice of a website where persons can view a copy of: (i) the order, direction or variation; and (ii) a summary description of the order, direction or variation; so long as the member is not a company in the group.

Official source: Federal Register of Legislation

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