Document ID: chunk:federal_register_of_legislation:C2019A00044:clause:1_588za:p2
Version: federal_register_of_legislation:C2019A00044
Segment Type: clause
Provision Reference: sch 1 cl 588ZA (pt 2/2)
Character Range: 23233–25015

order is likely to result in the contributing entity becoming insolvent;
 (e) the extent (if any) to which the order is likely to result in the contributing entity becoming unable to pay the entitlements of its employees or make distributions to creditors;
 (f) any other matters that the Court considers appropriate.
 (5) If the Court makes an employee entitlements contribution order, the Court may do the following:
 (a) if the contributing entity is a company—order that the obligation to pay an amount under the order has the priority of a debt or claim covered by any of paragraph 556(1)(e), (f), (g) or (h) in the winding up of the contributing entity (whether or not the contributing entity is being wound up when the order is made);
 (b) make any other orders, and give any directions, that the Court considers appropriate for the purposes of giving effect to the employee entitlements contribution order.

Contribution order group
 (6) For the purposes of subsection (1), 2 entities are members of the same contribution order group if:
 (a) one of the entities is, or has been, a related body corporate of the other entity; or
 (b) one of the entities is, or has been, a related body corporate of a body corporate that is, or has been, a related body corporate of the other entity; or
 (c) one of the entities is, or has been, controlled by the other entity or a related body corporate of the other entity; or
 (d) both of the entities represent, or have represented, to the public that they are related to one another; or
 (e) both entities are, or have been, part of the same consolidated entity; or
 (f) both entities are, or have been, part of a collection of entities that, as a matter of economic and commercial substance, functions or functioned as a single entity.