Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 419

419. (1) A receiver, or any other authorised person, who, whether as agent for
the corporation concerned or not, enters into possession or assumes control of
any property of a corporation for the purpose of enforcing any charge is,
notwithstanding any agreement to the contrary, but without prejudice to the
person's rights against the corporation or any other person, liable for debts
incurred by the person in the course of the receivership, possession or
control for services rendered, goods purchased or property hired, leased, used
or occupied.

(2) Subsection (1) does not constitute the person entitled to the charge a
mortgagee in possession.

(3) Where:
(a) a person (in this subsection called the "controller") enters into
possession or assumes control of property of a corporation;

   (b)  the controller purports to have been properly appointed as a receiver
        in respect of that property under a power contained in an instrument,
        but has not been properly so appointed; and

   (c)  civil proceedings in an Australian court arise out of an act alleged
        to have been done by the controller; the court may, if it is satisfied
        that the controller believed on reasonable grounds that the controller
        had been properly so appointed, order that:

   (d)  the controller be relieved in whole or in part of a liability that the
        controller has incurred but would not have incurred if the controller
        had been properly so appointed; and

   (e)  a person who purported to appoint the controller as receiver be liable
        in respect of an act, matter or thing in so far as the controller has
        been relieved under paragraph (d) of liability in respect of that act,
        matter or thing.