Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p7
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 7/17)
Character Range: 507836–510617

relevant commencement, a demand was served on a company under paragraph 460(2)(a), the old winding up law continues to apply for the purposes of:

    (a)     making after that commencement, in reliance on the demand, an application for the Court to order the winding up of the company on the ground provided for by subsection 460(1); and

    (b)     determining, or otherwise disposing of, an application of that kind so made; and

    (c)     winding up the company under an order of the Court made on an application of that kind so made.

"(5) If, before the relevant commencement, a company passed a special resolution under section 491 that the company be wound up voluntarily, the old winding up law continues to apply for the purposes of:

  (a)     the voluntary winding up; and

     (b)     making after that commencement an application for the Court to order the winding up of the company; and

     (c)     determining, or otherwise disposing of, an application of that kind made after that commencement; and

     (d)     winding up the company under an order of the Court made, after that commencement, on an application of that kind.

"(6) Even if the old winding up law continues to apply, because of this section, for particular purposes relating to a company, an administrator of the company may still be appointed under section 436A, 436B or 436C.

"(7) The old winding up law continues to apply, because of this section, as if:

    (a)     despite subsection 6(4), there were inserted in section 9 (as in force before the relevant commencement) the definitions of 'administration', 'administrator' and 'deed of company arrangement' that section 29 of the Corporate Law Reform Act 1992 inserts in section 9 of the Corporations Law set out in section 82 of the Corporations Act 1989; and

    (b)     despite subsection 6(4), section 82A of this Law (as so in force) were amended as set out in section 33 of that Act; and

    (c)     section 468 of this Law (as so in force) were amended as set out in section 65 of that Act; and

    (d)     section 481 of this Law (as so in force) were amended as set out in section 75 of that Act; and

    (e)     section 556 of this Law (as so in force) were amended by inserting after paragraph (1)(d) the following paragraphs:

         '(da) if the company has been under administration, even if the administration ended before the relevant date— next, the costs, charges and expenses, of and incidental to the administration, properly and reasonably incurred by the administrator, including the administrator's remuneration;

         (db) if paragraph (da) applies—next, the debts for which paragraph 443D(a) entitles an administrator of the company to be indemnified, except costs, charges and expenses covered by