Section 588ZB — Corporations Act 2001: Who may apply for an employee entitlements contribution order

(1) An application to the Court for an employee entitlements contribution order may only be made by: (a) the liquidator of the insolvent company referred to in paragraph 588ZA(1)(a) (the insolvent company); or (b) the Commissioner of Taxation; or (c) the Fair Work Ombudsman; or (d) the Secretary of the Department administered by the Minister who administers the Fair Entitlements Guarantee Act 2012. (2) If a liquidator is appointed to the insolvent company, a person mentioned in paragraph (1)(b), (c) or (d) may make the application only: (a) if the liquidator has given written consent to the applicant for the application to be made; or (b) with the leave of the Court. (3) The Court may give leave under paragraph (2)(b) only if: (a) the applicant has given a written notice to the liquidator asking the liquidator to give consent under paragraph (2)(a); and (b) either: (i) the liquidator has given written notice to the applicant refusing to give consent under paragraph (2)(a); or (ii) more than 30 days have passed since the notice under paragraph (a) of this subsection was given; and (c) the Court is satisfied that it is appropriate to give leave, having regard to the following matters: (i) whether it is likely that the liquidator will make an application for an employee entitlements contribution order in relation to the insolvent company; (ii) any other matter that the Court considers relevant. When proceedings may be begun (4) 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.