Document ID: chunk:federal_register_of_legislation:F2022C01140:body:0:p22
Version: federal_register_of_legislation:F2022C01140
Segment Type: other
Provision Reference: 
Character Range: 64208–67223

a request may be taken to be vexatious if the external administrator receives the request within 20 business days of receiving a similar request from the member.

       Reasonable requests

        (4) It is reasonable for an external administrator of a company to comply with a request to give information, provide a report or produce a document to the member if subsection (2) does not apply to the request.

        (5) Despite paragraph (2)(d) or (e), it is also reasonable for an external administrator of a company to comply with a request to give information, provide a report or produce a document to the member if:
           (a) the member agrees to bear the cost of complying with the request; and
           (b) if required to do so by the external administrator—security for the cost of complying with the request is given to the external administrator before the request is complied with.

       70‑30  Initial information required to be given to creditors in certain administrations

        (1) This section:
           (a)  is made for the purposes of section 70‑50 of the Insolvency Practice Schedule (Corporations); and
           (b)  applies to companies under administration, windings up by the Court and voluntary windings up; and
           (c) does not apply if a provisional liquidator of a company has been appointed.

       Information about creditors' rights to be given

        (2) The external administrator must give information about the following to as many creditors of the company as reasonably practicable:
           (a) the fact that the external administrator has been appointed in relation to the company;
           (b) the right of creditors to request information, reports and documents under sections 70‑40 and 70‑45 of the Insolvency Practice Schedule (Corporations);
           (c) other than in the case of a voluntary administration—the right of creditors to direct that a meeting of the creditors be held under section 75‑15 of the Insolvency Practice Schedule (Corporations);
           (d) the right of creditors to give directions to the external administrator under section 85‑5 of the Insolvency Practice Schedule (Corporations);
           (e) the right of the creditors to appoint a reviewing liquidator under section 90‑24 of the Insolvency Practice Schedule (Corporations);
           (f) the right of the creditors to remove and replace the external administrator under section 90‑35 of the Insolvency Practice Schedule (Corporations).

       Time for giving information etc.

        (3) The information must be given:
           (a) in writing; and
           (b) in the case of a company under administration—at the same time as notice of a meeting of the creditors referred to in section 436E of the Act is given; and
           (c) in the case of a winding up by the Court—within 20 business days after the external administrator is appointed; and
           (d) in the case of a voluntary winding up—within 10 business days after the day of