Companies Act 1993
Sections and provisions with full text and the judgments that cite each one.
Section 239ABH — Duties of court officer in relation to company's property
239ABH Duties of court officer in relation to company's property (1) This section applies to a court officer, that is, a sheriff or registrar or other appropriate officer of the court, who receives…
Section 239ACH — When office of deed administrator vacant
239ACH When office of deed administrator vacant The office of the deed administrator is vacant if the deed administrator— (a) resigns; or (b) becomes disqualified from appointment as a deed…
Section 239ADH — Administrator liable for general debts
239ADH Administrator liable for general debts (1) The administrator is liable for debts that he or she incurs in the performance or exercise, or purported performance or exercise, of any of his or…
Section 239AEH — Application of set-off under netting agreement
239AEH Application of set-off under netting agreement (1) Sections 239AEI to 239AEP apply— (a) to a netting agreement— (i) made in or evidenced by writing; and (ii) in which the application of…
Section 239AH — Administrator may lodge report with Registrar
239AH Administrator may lodge report with Registrar The administrator may lodge a report with the Registrar specifying any matter that, in his or her opinion, should be brought to the Registrar's…
Section 239ABI — Lis pendens taken to exist
239ABI Lis pendens taken to exist (1) This section has effect only for the purposes of a law about the effect of a lis pendens on purchasers or mortgagees. (2) During the administration of a company,…
Section 239ACI — Deed administrator may resign
239ACI Deed administrator may resign The deed administrator may resign by giving written notice to the company. Section 239ACI: inserted, on 1 November 2007, by section 6 of the Companies Amendment…
Section 239ADI — Administrator's liability for rent
239ADI Administrator's liability for rent (1) The administrator is personally liable, to the extent specified in subsection (2), for rent and other payments becoming due by the company under an…
Section 239AEI — Calculation of netted balance
239AEI Calculation of netted balance If a company in administration is a party to a netting agreement,— (a) any netted balance payable by or to the company must be calculated in accordance with the…
Section 239AI — Administrator must report misconduct
239AI Administrator must report misconduct (1) The administrator must as soon as practicable report the matter to the Registrar if the administrator believes that— (a) a past or present director,…
Section 239I — Appointment by company
239I Appointment by company (1) A company may appoint an administrator if the board of the company has resolved that,— (a) in the opinion of the directors voting for the resolution, the company is…
Section 239ABJ — Administration not to trigger enforcement of guarantee of liability of director or relative
239ABJ Administration not to trigger enforcement of guarantee of liability of director or relative (1) During the administration of a company, except with the Court's permission and in accordance…
Section 239ACJ — Removal of deed administrator
239ACJ Removal of deed administrator (1) The Court may— (a) remove the deed administrator, and appoint a person in his or her place; or (b) appoint a new deed administrator, if the deed of company…
Section 239ADJ — Administrator not liable for rental if non-use notice in force
239ADJ Administrator not liable for rental if non-use notice in force (1) The administrator is not liable under section 239ADI for any period for which a non-use notice is in force. (2) In this…
Section 239AEJ — Mutuality required for transactions under bilateral netting agreements
239AEJ Mutuality required for transactions under bilateral netting agreements Sections 239AEI to 239AEP apply to transactions that are subject to a bilateral netting agreement only if those…
Section 239AJ — Administrator must call creditors' meetings
239AJ Administrator must call creditors' meetings The administrator must call— (a) the first creditors' meeting, for the appointment (if any) of a committee of creditors; and (b) the watershed…
Section 239J — Appointment by liquidator or interim liquidator
239J Appointment by liquidator or interim liquidator (1) The liquidator or interim liquidator of a company may appoint an administrator if he or she thinks that the company is insolvent or is likely…
Section 239ABK — Meaning of terms used in this subpart
239ABK Meaning of terms used in this subpart In this subpart, unless the context otherwise requires,— decision period means, in relation to a secured creditor holding a charge over property of a…
Section 239ACK — Remuneration of deed administrator
239ACK Remuneration of deed administrator (1) The deed administrator is entitled to charge reasonable remuneration for carrying out his or her duties and exercising his or her powers as deed…
Section 239ADK — Court may exempt administrator from liability for rent
239ADK Court may exempt administrator from liability for rent The Court may exempt an administrator from liability for rent and other payments under section 239ADI , but the Court's order does not…
Section 239AEK — When mutuality required for transactions under recognised multilateral netting agreements
239AEK When mutuality required for transactions under recognised multilateral netting agreements (1) Sections 239AEI to 239AEP apply to transactions that are subject to a recognised multilateral…
Section 239AK — Conduct of creditors' meetings
239AK Conduct of creditors' meetings (1) The following clauses of Schedule 5 apply to creditors' meetings called under this Part as if references to the liquidator were references to the…
Section 239K — Appointment by secured creditor
239K Appointment by secured creditor (1) A person who holds a charge over the whole, or substantially the whole, of a company's property may appoint an administrator if the charge has become, and is…
Section 239ABL — If secured creditor acts before or during decision period
239ABL If secured creditor acts before or during decision period (1) This section applies if— (a) the whole, or substantially the whole, of the property of a company in administration is subject to a…
Section 239ACL — Deed administrator may sell shares in company
239ACL Deed administrator may sell shares in company (1) The deed administrator may sell existing shares in the company— (a) with the consent of the shareholder in question; or (b) if the shareholder…
Section 239ADL — Administrator's indemnity
239ADL Administrator's indemnity The administrator is indemnified out of the company's property for— (a) a personal liability incurred in the due performance of his or her duties, but not a personal…
Section 239AEL — Application of set-off under section 239AEG to transactions subject to netting agreements
239AEL Application of set-off under section 239AEG to transactions subject to netting agreements (1) Section 239AEG does not apply to transactions that are subject to a netting agreement to which…
Section 239AL — Joint meetings of creditors of related companies in administration
239AL Joint meetings of creditors of related companies in administration (1) The administrators of related companies may call meetings of creditors of their respective companies to be held at the…
Section 239L — Appointment by Court
239L Appointment by Court (1) The Court may appoint an administrator on the application of a creditor, the liquidator (if the company is in liquidation), or the Registrar. (2) The Court may appoint…
Section 239ABM — If enforcement of charges begins before administration
239ABM If enforcement of charges begins before administration (1) This section applies if, before the beginning of the administration of a company, a secured creditor, receiver, or other person, for…
Section 239ACM — When this subpart applies
239ACM When this subpart applies This subpart applies when the creditors, at the watershed meeting, have resolved that the company execute a deed of company arrangement. Compare: Corporations Act…
Section 239ADM — Administrator's right of indemnity has priority over other debts
239ADM Administrator's right of indemnity has priority over other debts Subject to section 312 , the administrator's right of indemnity under this subpart has priority over— (a) all the company's…
Section 239AEM — Transactions under netting agreement and effect on certain sections
239AEM Transactions under netting agreement and effect on certain sections (1) Nothing in sections 239AEH to 239AEP prevents the operation of section 56 or, subject to section 239ACB , section 292 ,…
Section 239AM — Power of Court where outcome of voting at creditors' meeting determined by related entity
239AM Power of Court where outcome of voting at creditors' meeting determined by related entity (1) This section applies if the Court is satisfied that— (a) a resolution at a creditors' meeting under…
Section 239M — Appointment must not be revoked
239M Appointment must not be revoked (1) The appointment of an administrator must not be revoked. (2) This does not apply to removal by the Court or by the creditors. Compare: Corporations Act 2001…
Section 239ABN — Charge over perishable property
239ABN Charge over perishable property (1) This section applies if perishable property of a company in administration is subject to a charge. (2) Nothing in section 239ABC prevents the secured…
Section 239ACN — Preparation and contents of deed
239ACN Preparation and contents of deed (1) The deed administrator must prepare a document that sets out the terms of the deed. (2) The document must also specify the following: (a) who the deed…
Section 239ADN — Lien to secure indemnity
239ADN Lien to secure indemnity (1) The administrator has a lien on the company's property to secure a right of indemnity under this subpart. (2) A lien under subsection (1) has priority over a…
Section 239AEN — Rights under netting agreement not affected by commencement of administration
239AEN Rights under netting agreement not affected by commencement of administration Nothing in section 239Z affects, in respect of a company in administration, the exercise of any of the following…
Section 239AN — Administrator must call first creditors' meeting
239AN Administrator must call first creditors' meeting (1) The administrator must call the first creditors' meeting to— (a) decide whether to appoint a creditors' committee and, if so, to appoint its…
Section 239N — Appointment of 2 or more administrators
239N Appointment of 2 or more administrators (1) Two or more persons may be appointed administrators in any case where this Act provides for the appointment of an administrator. (2) If 2 or more…
Section 239ABO — Court may limit powers of secured creditor, etc, in relation to property subject to charge
239ABO Court may limit powers of secured creditor, etc, in relation to property subject to charge (1) This section— (a) applies if,— (i) for the purpose of enforcing a charge over property of a…
Section 239ACO — Execution of deed
239ACO Execution of deed (1) The deed is a deed of company arrangement when it is executed by both the company in administration and the deed administrator. (2) The deadline for the execution of the…
Section 239ADO — Court's general power
239ADO Court's general power (1) The Court may make any order that it thinks appropriate about how this Part is to operate in relation to a particular company. (2) For example, the Court may…
Section 239AEO — Effect of declaration of person as recognised clearing house under section 310K
239AEO Effect of declaration of person as recognised clearing house under section 310K A person who is declared a recognised clearing house under section 310K is deemed to be a recognised clearing…
Section 239AO — Notice of first and subsequent creditors' meetings
239AO Notice of first and subsequent creditors' meetings (1) The administrator must call the first and subsequent creditors' meetings by— (a) giving written notice of the meeting to as many of the…
Section 239O — Remuneration of administrator
239O Remuneration of administrator (1) The administrator is entitled to charge reasonable remuneration for carrying out his or her duties and exercising his or her powers as administrator. (2) The…
Section 239ABP — Giving notice under security agreement
239ABP Giving notice under security agreement Section 239ABC does not prevent a person from giving a notice under the provisions of a security agreement. Compare: Corporations Act 2001 (Australia) s…
Section 239AP — Administrator must table interests statement
239AP Administrator must table interests statement (1) The administrator must table at the first creditors' meeting an interests statement that complies with subsection (2). (2) The interests…
Section 239P — When office of administrator is vacant
239P When office of administrator is vacant The office of administrator is vacant if the administrator— (a) resigns; or (b) dies; or (c) becomes disqualified from appointment as an administrator (…