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CORPORATIONS ACT 2001 - SECT 588ZB Who may apply for an employee entitlements contribution order

CORPORATIONS ACT 2001 - SECT 588ZB

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.

Note:   This Part applies to a sub - fund of a CCIV in a modified form: see Division   7 of Part   8B.6.

 

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