Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p63
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 63/71)
Character Range: 380316–382985

does not limit the Court's powers under any other provision of this Act, or under any other law.

90‑10  Court may inquire on application of creditors etc.
 (1) The Court may, on the application of a person mentioned in subsection (2), inquire into the external administration of a company.
 (2) Each of the following persons may make an application for an inquiry:
 (a) a person with a financial interest in the external administration of the company;
 (b) an officer of the company;
 (c) if the committee of inspection (if any) so resolves—a creditor, on behalf of the committee;
 (d) ASIC.
 (3) Paragraph (2)(b) has effect despite section 198G.
Note: Section 198G deals with powers of officers etc. while a company is under external administration.
 (4) The Court may, for the purposes of such an inquiry, require a person who is or has at any time been the external administrator of the company to:
 (a) give information; or
 (b) provide a report; or
 (c) produce a document;
to the Court in relation to the external administration of the company.
 (5) If an application is made by a person referred to in paragraph (2)(c), the reasonable expenses associated with the application are to be taken to be expenses incurred by a person as a member of the committee unless otherwise ordered by the Court.
 (6) This section does not limit the Court's powers under any other provision of this Act, or under any other law.

90‑15  Court may make orders in relation to external administration

Court may make orders
 (1) The Court may make such orders as it thinks fit in relation to the external administration of a company.

Orders on own initiative or on application
 (2) The Court may exercise the power under subsection (1):
 (a) on its own initiative, during proceedings before the Court; or
 (b) on application under section 90‑20.

Examples of orders that may be made
 (3) Without limiting subsection (1), those orders may include any one or more of the following:
 (a) an order determining any question arising in the external administration of the company;
 (b) an order that a person cease to be the external administrator of the company;
 (c) an order that another registered liquidator be appointed as the external administrator of the company;
 (d) an order in relation to the costs of an action (including court action) taken by the external administrator of the company or another person in relation to the external administration of the company;
 (e) an order in relation to any loss that the company has sustained because of a breach of duty by the external administrator;
 (f) an order in relation to remuneration, including an order requiring a person to