Commonwealth Repealed Acts
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This legislation has been repealed.
CORPORATIONS LAW - SECT 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.
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