Document ID: chunk:federal_register_of_legislation:C2004A00669:clause:1_596ah
Version: federal_register_of_legislation:C2004A00669
Segment Type: clause
Provision Reference: sch 1 cl 596AH
Character Range: 9000–10056

596AH  When employee may sue for compensation without liquidator's consent

 (1) This section applies if an employee of a company gives a notice under section 596AG in relation to a contravention of section 569AB and to an entitlement.

 (2) The employee may begin proceedings in a court under section 596AC in relation to the contravention and the entitlement if:
 (a) as at the end of 3 months after the liquidator receives the notice, he or she has not consented to the employee beginning such proceedings; and
 (b) on an application made after those 3 months, the court has given leave for the proceedings to begin.

 (3) If:
 (a) during those 3 months, the liquidator gives to the employee a written statement of the reasons why the liquidator thinks that such proceedings should not be begun; and
 (b) the employee applies for leave under paragraph (2)(b);
then:
 (c) the employee must file the statement with the court when so applying; and
 (d) in determining the application, the court is to have regard to the reasons set out in the statement.