avoiding liability to company (1) On the application of a liquidator or
provisional liquidator of a company, the Court may make one or more of the
following:
- (a)
- an order prohibiting, either absolutely or subject to
conditions, an officer or related entity of the company from taking or sending
out of this jurisdiction, or out of Australia, money or other property of the
company or of the officer or related entity;
- (b)
- an order appointing:
- (i)
- a receiver or trustee, with specified powers, of property of an officer of
the company, or of property of a related entity of the company that is a
natural person; or
- (ii)
- a receiver, or a receiver and manager, with specified powers, of property
of a related entity of the company that is not a natural person;
- (c)
- an order requiring an officer of the company, or a related entity of the
company that is a natural person, to surrender to the Court his or her
passport and any other specified documents;
- (d)
- an order prohibiting an officer of the company, or a related entity of the
company that is a natural person, from leaving this jurisdiction, or
Australia, without the Court's consent.
(2) The Court may only make an order under subsection (1) if:
- (a)
- the
company is being wound up in insolvency or by the Court, or an application has
been made for the company to be so wound up; and
- (b)
- the Court is satisfied that there is at least a prima facie case that the
officer or related entity is or will become liable:
- (i)
- to pay money to the company, whether in respect of a debt, by way of
damages or compensation or otherwise; or
- (ii)
- to account for property of the company; and
- (c)
- the Court is also satisfied that there is substantial evidence that the
officer or related entity:
- (i)
- has concealed or removed money or other property, has tried to do so, or
intends to do so; or
- (ii)
- has tried to leave this jurisdiction or Australia, or intends to do so;
in order to avoid that liability or its consequences; and
- (d)
- the Court thinks it necessary or desirable to make the order in order to
protect the company's rights against the officer or related entity.
(3) On hearing an application under subsection (1), the Court must have
regard to any relevant application under section 1323.
(4) Before considering an application under subsection (1), the Court
may, if in the Court's opinion it is desirable to do so, grant an interim
order of the kind applied for that is expressed to have effect until the
application is determined.
(5) The Court must not require an applicant under subsection (1) or any
other person, as a condition of granting an interim order under
subsection (4), to give an undertaking as to damages.
(6) On the application of a person who applied for, or is affected by, an
order under this section, the Court may make a further order discharging or
varying the first-mentioned order.
(7) An order under subsection (1) may be expressed to operate for a
specified period or until it is discharged by a further order.
(8) A person must not contravene an order under this section that is
applicable to the person.
(9) This section has effect subject to the Bankruptcy Act 1966 .
(10) Nothing in this section affects any other powers of the Court.