Commonwealth Consolidated Acts

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Who can apply for order

                   An application for an order under section 233 in relation to a company may be made by:

                     (a)  a member of the company, even if the application relates to an act or omission that is against:

                              (i)  the member in a capacity other than as a member; or

                             (ii)  another member in their capacity as a member; or

                     (b)  a person who has been removed from the register of members because of a selective reduction; or

                     (c)  a person who has ceased to be a member of the company if the application relates to the circumstances in which they ceased to be a member; or

                     (d)  a person to whom a share in the company has been transmitted by will or by operation of law; or

                     (e)  a person whom ASIC thinks appropriate having regard to investigations it is conducting or has conducted into:

                              (i)  the company's affairs; or

                             (ii)  matters connected with the company's affairs.

Note 1:       If an application is made under this section, in certain cases the court may order that the company be wound up in insolvency (see section 459B).

Note 2:       For selective reduction , see subsection 256B(2).

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