Companies Act 1993
Sections and provisions with full text and the judgments that cite each one.
Section 239ACP — Procedure if deed not fully approved at watershed meeting
239ACP Procedure if deed not fully approved at watershed meeting (1) If, at the watershed meeting, the creditors resolve that the company execute a deed of company arrangement, but the proposed deed…
Section 239ADP — Orders to protect creditors during administration
239ADP Orders to protect creditors during administration (1) On the application of the Registrar, the Court may make any order that it thinks necessary to protect the interests of the company's…
Section 239AEP — Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K
239AEP Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K The variation or revocation of a declaration under…
Section 239ABQ — If recovery of property begins before administration
239ABQ If recovery of property begins before administration (1) This section applies if, before the beginning of the administration of a company, a receiver or other person, for the purpose of…
Section 239ACQ — Creditor must not act inconsistently with deed, etc, before execution
239ACQ Creditor must not act inconsistently with deed, etc, before execution (1) In this section, interim period means the period between a resolution passed at the watershed meeting that the company…
Section 239ADQ — Court may rule on validity of administrator's appointment
239ADQ Court may rule on validity of administrator's appointment (1) If there is doubt, on a specific ground, as to the validity of the appointment of a person as administrator or deed administrator,…
Section 239AEQ — Interpretation of terms for purposes of this subpart
239AEQ Interpretation of terms for purposes of this subpart (1) In this subpart,— pool means a pool of related companies in a single administration under a single administration order made under…
Section 239AQ — Functions of creditors' committee
239AQ Functions of creditors' committee (1) The functions of the creditors' committee of a company in administration are— (a) to consult with the administrator about matters relating to the…
Section 239Q — Administrator may resign
239Q Administrator may resign (1) The administrator may resign by giving written notice to the company and to his or her appointor. (2) The administrator must— (a) give written notice of the…
Section 239ABR — Recovering perishable property
239ABR Recovering perishable property (1) Nothing in section 239ABD prevents a person from taking possession of, or otherwise recovering, perishable property. (2) Section 239Z does not apply in…
Section 239ACR — Company's failure to execute deed
239ACR Company's failure to execute deed If the creditors at the watershed meeting have passed a resolution that the company execute a deed of company arrangement, and the company fails to do so…
Section 239ADR — Administrator may seek directions
239ADR Administrator may seek directions (1) The administrator or the deed administrator may apply to the Court for directions in relation to the performance or exercise of any of the administrator's…
Section 239AER — Court may order single administration for related companies in administration
239AER Court may order single administration for related companies in administration (1) If 2 or more related companies are in administration, the Court may, if it is satisfied that it is just and…
Section 239AR — Membership of creditors' committee
239AR Membership of creditors' committee A person may be a member of the creditors' committee only if he or she is— (a) a creditor of the company; or (b) the agent of a creditor under a general power…
Section 239R — Removal of administrator
239R Removal of administrator (1) The administrator may be removed— (a) by the Court, on the application of a creditor, the liquidator (if the company is in liquidation), or the Registrar; or (b) by…
Section 239ABS — Court may limit powers of receiver, etc, in relation to property used by company
239ABS Court may limit powers of receiver, etc, in relation to property used by company (1) This section applies if,— (a) for the purpose of enforcing a right of the owner or lessor of property used…
Section 239ACS — Who is bound by deed
239ACS Who is bound by deed A deed of company arrangement binds— (a) the company's creditors, to the extent provided by section 239ACT ; and (b) the company; and (c) the company's directors,…
Section 239ADS — Court may supervise administrator or deed administrator
239ADS Court may supervise administrator or deed administrator (1) The Court may make any order it thinks just if it is satisfied that— (a) the administrator's or the deed administrator's management…
Section 239AES — Notice that application filed must be given to administrators and creditors
239AES Notice that application filed must be given to administrators and creditors (1) Unless the Court orders otherwise, an applicant for an order under section 239AER must give notice that the…
Section 239AS — What watershed meeting is
239AS What watershed meeting is The watershed meeting is the meeting of creditors called by the administrator to decide the future of the company and, in particular, whether the company and the deed…
Section 239S — Appointor may appoint new administrator to fill vacancy
239S Appointor may appoint new administrator to fill vacancy (1) The appointor of an administrator may appoint a replacement to fill the vacancy that occurs if the administrator— (a) resigns; or (b)…
Section 239ABT — Giving notice under agreement about property
239ABT Giving notice under agreement about property Nothing in section 239ABD prevents a person from giving a notice to a company under an agreement relating to property that is used or occupied by,…
Section 239ACT — Extent to which deed binds creditors
239ACT Extent to which deed binds creditors (1) A deed of company arrangement binds all creditors in respect of claims that arise on or before the cut-off day ( see section 239ACN(2)(i) ) specified…
Section 239ADT — Court may order administrator or deed administrator to remedy default
239ADT Court may order administrator or deed administrator to remedy default (1) The Court may order an administrator or deed administrator to remedy his or her default. (2) Examples of default…
Section 239AET — Guidelines for single administration order
239AET Guidelines for single administration order In deciding whether it is just and equitable to make an order under section 239AER , the Court must have regard to the following criteria: (a) the…
Section 239AT — Administrator must convene watershed meeting
239AT Administrator must convene watershed meeting (1) The administrator must convene the watershed meeting within the convening period. (2) The convening period is the period of 20 working days…
Section 239T — Creditors must consider appointment of replacement administrator
239T Creditors must consider appointment of replacement administrator (1) A replacement administrator, unless appointed by the Court or by the creditors under section 239R(1)(b) , must convene a…
Section 239ABU — When liquidator may be appointed to company in administration
239ABU When liquidator may be appointed to company in administration A liquidator may be appointed to a company in administration— (a) by the Court, on an application for the appointment of a…
Section 239ACU — Person bound by deed must not take steps to liquidate, etc
239ACU Person bound by deed must not take steps to liquidate, etc (1) A person who is bound by a deed of company arrangement must not, while the deed is in force,— (a) apply, or continue with an…
Section 239ADU — Court's power when office of administrator or deed administrator vacant, etc
239ADU Court's power when office of administrator or deed administrator vacant, etc (1) The Court may make any order it thinks just if it is satisfied that,— (a) in the case of a company in…
Section 239AEU — Court may order that related company in administration be added to existing pool
239AEU Court may order that related company in administration be added to existing pool (1) The Court may order that a company in administration that is related to the companies in an existing pool…
Section 239AU — Notice of watershed meeting
239AU Notice of watershed meeting (1) The administrator must convene the watershed meeting by— (a) giving written notice of the meeting to as many of the company's creditors as reasonably…
Section 239U — Outline of administrator's role
239U Outline of administrator's role While a company is in administration, the administrator— (a) has control of the company's business, property, and affairs; and (b) may carry on that business and…
Section 239ABV — Court may adjourn application for liquidation
239ABV Court may adjourn application for liquidation The Court may adjourn an application under section 241(2)(c) for the appointment of a liquidator of a company in administration if the Court is…
Section 239ACV — Court may restrain creditors and others from enforcing charge or recovering property
239ACV Court may restrain creditors and others from enforcing charge or recovering property (1) The Court may, at any time after creditors have resolved at the watershed meeting that a deed of…
Section 239ADV — Prohibition order
239ADV Prohibition order (1) The Court must make a prohibition order in relation to a person if it is shown to the satisfaction of the Court that that person is unfit to act as administrator or deed…
Section 239AEV — Creditors' meetings in single administration of pool companies
239AEV Creditors' meetings in single administration of pool companies (1) The provisions of this Part in relation to creditors' meetings apply except that, subject to subsection (2), a creditor of a…
Section 239AV — When watershed meeting must be held
239AV When watershed meeting must be held The watershed meeting must be held within 5 working days after the end of the convening period or extended convening period, as the case may be. Compare:…
Section 239V — Administrator's powers
239V Administrator's powers (1) The administrator has the powers— (a) to carry out the functions and duties of an administrator under this Act; and (b) conferred on an administrator under this Act.…
Section 239ABW — Court must not appoint interim liquidator if administration in creditors' interests
239ABW Court must not appoint interim liquidator if administration in creditors' interests The Court must not appoint an interim liquidator of a company in administration if the Court is satisfied…
Section 239ACW — Effect of deed on company's debts
239ACW Effect of deed on company's debts (1) A deed of company arrangement releases the company from a debt only in so far as— (a) the deed provides for the release; and (b) the creditor concerned is…
Section 239ADW — Administrator must give notice of appointment
239ADW Administrator must give notice of appointment (1) An administrator appointed by the company under section 239I , by the liquidator or interim liquidator under section 239J , by a secured…
Section 239AEW — Pool companies may execute single deed of company administration
239AEW Pool companies may execute single deed of company administration For the purposes of the single administration of a pool, the pool companies may execute a single deed of company arrangement.…
Section 239AW — Directors must attend watershed meeting
239AW Directors must attend watershed meeting (1) The directors of the company must attend the watershed meeting, including any occasion to which the meeting is adjourned, but cannot be required to…
Section 239W — Administrator is company's agent
239W Administrator is company's agent The administrator of a company, when performing a function or exercising a power in that capacity, is the company's agent. Compare: Corporations Act 2001…
Section 239ABX — Effect of appointment of liquidator
239ABX Effect of appointment of liquidator The appointment of a liquidator to a company in administration ends the administration. Section 239ABX: inserted, on 1 November 2007, by section 6 of the…
Section 239ACX — Court may rule on validity of deed
239ACX Court may rule on validity of deed (1) The Court may rule on the validity of a deed of company arrangement if there is doubt, on a specific ground, whether a deed of company arrangement— (a)…
Section 239ADX — Secured creditor who appoints administrator must give notice to company
239ADX Secured creditor who appoints administrator must give notice to company A secured creditor who appoints an administrator under section 239K must give written notice of the appointment to the…
Section 239AX — Disclosure of voting arrangements
239AX Disclosure of voting arrangements The administrator and the directors of the company under administration must, before the meeting votes on any resolution, inform the meeting of any voting…
Section 239X — Effect on directors
239X Effect on directors (1) The appointment of an administrator does not remove the directors of the company from office. (2) However, a director of a company that is in administration must not…