Document ID: chunk:federal_register_of_legislation:C2007A00132:clause:1_579c
Version: federal_register_of_legislation:C2007A00132
Segment Type: clause
Provision Reference: sch 1 cl 579C
Character Range: 103728–105121

579C  When Court may void or validate pooling determination

 (1) If there is doubt, on a specific ground, whether a pooling determination that relates to a group of 2 or more companies:
 (a) was made, varied or approved in accordance with this Division; or
 (b) complies with this Division;
any of the following persons may apply to the Court for an order under this section:
 (c) the liquidator of a company in the group;
 (d) a creditor of a company in the group;
 (e) in a case where a company in the group is being wound up under a members' voluntary winding up—a member of the company, so long as the member is not a company in the group;
 (f) ASIC.

 (2) On an application, the Court may make an order declaring the pooling determination, or a provision of it, to be void or not to be void, as the case requires, on the ground specified in the application or some other ground.

 (3) On an application, the Court may declare the pooling determination, or a provision of it, to be valid, despite a contravention of a provision of this Division, if the Court is satisfied that:
 (a) the provision was substantially complied with; and
 (b) no injustice will result for anyone affected by the pooling determination if the contravention is disregarded.

 (4) If the Court declares a provision of a pooling determination to be void, the Court may, by order, vary the pooling determination.