Document ID: chunk:federal_register_of_legislation:C2025C00185:schedule:2:p54
Version: federal_register_of_legislation:C2025C00185
Segment Type: schedule
Provision Reference: sch 2 (pt 54/73)
Character Range: 6448388–6450993

as it thinks fit.
 (5) On and after the making of an order varying the resolution, the resolution has effect as varied by the order.

75‑43  Proposed creditors' resolution not passed because of casting vote—Court's powers

Application of this section
 (1) This section applies if:
 (a) a resolution is not passed at a meeting of creditors of a company under external administration; and
 (b) the resolution is not passed because the person presiding at the meeting exercises a casting vote, or refuses or fails to exercise such a vote.

Application to the Court
 (2) ASIC may apply to the Court for an order under subsection (4).
 (3) A person (other than ASIC) may apply to the Court for an order under subsection (4), but only if:
 (a) the person voted for the proposed resolution in some capacity (even if the person voted against the proposed resolution in another capacity); or
 (b) a person voted for the proposed resolution on the first‑mentioned person's behalf.

Court may make orders
 (4) On application under subsection (2) or (3), the Court may:
 (a) order that the proposed resolution is taken to have been passed at the meeting; and
 (b) if it does so—make such further orders, and give such directions, as it thinks fit.
 (5) If an order is made under paragraph (4)(a), the proposed resolution:
 (a) is taken for all purposes (other than those of subsection (1)) to have been passed at the meeting; and
 (b) is taken to have taken effect:
 (i) if the order specifies a time when the proposed resolution is taken to have taken effect—at that time, even if it is earlier than the making of the order; or
 (ii) otherwise—on the making of the order.

75‑44  Interim order on application under section 75‑41, 75‑42 or 75‑43
 (1) If:
 (a) an application under section 75‑41, 75‑42 or 75‑43 has not yet been determined; and
 (b) the Court is of the opinion that it is desirable to do so;
the Court may make such interim orders as it thinks fit
 (2) An interim order must be expressed to apply until the application is determined, but may be varied or discharged.

75‑45  Order under section 75‑41 or 75‑42 does not affect act already done pursuant to resolution
  An act done pursuant to a resolution as in force before the making, under section 75‑41 or 75‑42, of an order setting aside or varying the resolution is as valid and binding on and after the making of the order as if the order had not been made.

75‑50  Rules relating to meetings
 (1) The Insolvency Practice Rules may provide for and in relation to meetings concerning companies under external administration.
 (2) Without limiting