Document ID: chunk:federal_register_of_legislation:C2007A00132:clause:4_44
Version: federal_register_of_legislation:C2007A00132
Segment Type: clause
Provision Reference: sch 4 cl 44
Character Range: 157615–158785

44  After subsection 482(2)
Insert:

 (2A) If such an application is made in relation to a company subject to a deed of company arrangement, then, in determining the application, the Court must have regard to all of the following matters:
 (a) any report that has been given to the Court by:
 (i) the administrator, or a former administrator, of the company; or
 (ii) the liquidator, or a former liquidator, of the company; or
 (iii) ASIC;
  and that contains an allegation that an officer of the company has engaged in misconduct;
 (b) any report that has been lodged with ASIC by:
 (i) the administrator, or a former administrator, of the company; or
 (ii) the liquidator, or a former liquidator, of the company;
  and that contains an allegation that an officer of the company has engaged in misconduct;
 (c) the decision of the company's creditors to resolve that the company execute a deed of company arrangement;
 (d) the statement that was given under paragraph 439A(4)(b) when the company was under administration;
 (e) whether the deed of company arrangement is likely to result in the company becoming or remaining insolvent;
 (f) any other relevant matters.