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CROSS-BORDER INSOLVENCY ACT 2008 - SECT 17

Actions to avoid acts detrimental to creditors

  (1)   The actions referred to for the purposes of paragraph   1 of Article 23 of the Model Law (as it has the force of law in Australia) are actions arising under or because of:

  (a)   section   120, 121, 121A, 122, 128B or 128C or Division   4A of Part   VI of the Bankruptcy Act 1966 ; or

  (b)   Division   2 of Part   5.7B of the Corporations Act 2001 .

  (2)   A provision referred to in paragraph   ( 1)(a) or (b) applies, with appropriate changes, in relation to an action for the purposes of a foreign proceeding in the same way it would apply if the action were for the purposes of a proceeding in relation to:

  (a)   a bankrupt (within the meaning of subsection   5(1) of the Bankruptcy Act 1966 ); or

  (b)   a company (within the meaning of section   9 of the Corporations Act 2001 );

as the case requires.



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