Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p48
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 48/71)
Character Range: 343068–345806

application under subsection (1) or (2), the Court may:
 (a) order the external administrator to give the person, or any or all of the persons, who made the request for the relevant material all or part of that material; and
 (b) make such other orders, including orders as to costs, as it thinks fit.

Division 75—Meetings

75‑1  Simplified outline of this Division

      The external administrator of a company may convene creditor or company meetings at any time and must convene them in particular circumstances, for example when directed to do so by certain creditors or by ASIC.
      Under Chapter 5 of this Act, there are other instances in which an external administrator must hold a meeting.
      Requirements for convening and holding meetings (including notice, agenda, quorum, voting on proposals and costs) are set out in the Insolvency Practice Rules.
      There is a mechanism for resolving a matter without holding a meeting.

75‑5  Other obligations to convene meetings not affected
  Nothing in this Division limits the operation of any other provision of this Act, or any other law, imposing an obligation to convene a meeting in relation to a company, or the external administration of a company.

75‑10  External administrator may convene meetings
  The external administrator of a company may convene:
 (a) a meeting of the creditors; or
 (b) in the case of a members' voluntary winding up—a general meeting of the company;
at any time.

75‑15  External administrator must convene meeting in certain circumstances
 (1) The external administrator of a company must convene a meeting of the creditors if:
 (a) where there is a committee of inspection—the committee of inspection directs the external administrator to do so; or
 (b) the creditors direct the external administrator to do so by resolution; or
 (c) at least 25% in value of the creditors direct the external administrator to do so in writing; or
 (d) both of the following are satisfied:
 (i) less than 25%, but more than 10%, in value of the creditors direct the external administrator to do so in writing;
 (ii) security for the cost of holding the meeting is given to the external administrator before the meeting is convened; or
 (e) all of the following are satisfied:
 (i) the company is being wound up under a creditors' voluntary winding up;
 (ii) less than 25%, but more than 5%, in value of the creditors direct the external administrator to do so in writing;
 (iii) none of the creditors who give the direction is a related entity in relation to the company;
 (iv) the direction is given no more than 20 business days after the resolution for the voluntary winding up of the company is passed.
 (2) However, the external administrator need