Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p6
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 38958–46066

done during administration of company
          451D.                                                                Time for doing act does not run while act prevented by this Part
   57.    Insertion of new Part and heading:

TABLE OF PROVISIONS—continued

Section
                                                    PART 5.4—WINDING UP IN INSOLVENCY
                                                    Division 1—When company to be wound up in insolvency
                                                     459A.                                                                 Order that insolvent company be wound up in insolvency
                                                     459B.                                                                 Order made on application under section 260, 462 or 464
                                                     459C.                                                                 Presumptions to be made in certain proceedings
                                                     459D.                                                                 Contingent or prospective liability relevant to whether company solvent
                                                    Division 2—Statutory demand
                                                     459E.                                                                 Creditor may serve statutory demand on company
                                                     459F.                                                                 When company taken to fail to comply with statutory demand
                                                    Division 3—Application to set aside statutory demand
                                                     459G.                                                                 Company may apply
                                                     459H.                                                                 Determination of application where there is a dispute or offsetting claim
                                                     459J.                                                                 Setting aside demand on other grounds
                                                     459K.                                                                 Effect of order setting aside demand
                                                     459L.                                                                 Dismissal of application
                                                     459M.                                                                 Order subject to conditions
                                                     459N.                                                                 Costs where company successful
                                                    Division 4—Application for order to wind up company in insolvency
                                                     459P.                                                                 Who may apply for order under section 459A
                                                     459Q.                                                                 Application relying on failure to comply with statutory demand
                                                     459R.                                                                 Period within which application must be determined
                                                     459S.                                                                 Company may not oppose application on certain grounds
                                                     459T.                                                                 Application to wind up joint debtors in insolvency
PART 5.4A—WINDING UP BY THE COURT ON OTHER GROUNDS

 58.                                                 Repeal of section 460
 59.                                                 General grounds on which company may be wound up by Court
 60.                                                 Standing to apply for winding up
 61.                                                 Repeal of section 463
 62.                                                 Repeal of section 465 and substitution of headings and new section:
                                                    PART 5.4B—WINDING UP IN INSOLVENCY OR BY THE COURT
                                                    Division 1—General
                                                      465A.                                                                Notice of application
                                                      465B.                                                                Substitution of applicants
                                                      465C.                                                                Applicant to be given notice of grounds for opposing application
 63.                                                 Court's powers on hearing application
 64.                                                 Insertion of new sections:
                                                      467A.                                                                Effect of defect or irregularity on application under Part 5.4 or 5.4A
                                                      467B.                                                                Court may order winding up of company that is being wound up voluntarily
 65.                                                 Avoidance of dispositions of property, attachments etc.
 66.                                                 Insertion of Division heading
 67.                                                 Effect on creditors and contributories
 68.                                                 Insertion of new sections:
                                                      471A.                                                                Powers of other officers suspended during winding up
                                                      471B.                                                                Stay of proceedings and suspension of enforcement process
                                                      471C.                                                                Secured creditor's rights not affected

TABLE OF PROVISIONS—continued

Section
 69.      Court to appoint official liquidator
 70.      General provisions about liquidators
 71.      Custody and vesting of company's property
 72.      References to liquidator in certain provisions to include references to provisional liquidator
 73.      Powers of liquidator
 74.      Application of property; list of contributories
 75.      Orders for release or dissolution
 76.      Delivery of property to liquidator
 77.      Insertion of new sections:
           486A.                                                                                           Court may make order to prevent officer or related