Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Warrant to arrest person who is absconding, or who has dealt with property or books, in order to avoid obligations in connection with winding up

             (1)  The Court may issue a warrant for a person to be arrested and brought before the Court if:

                     (a)  a company is being wound up in insolvency or by the Court, or an application has been made for a company to be so wound up; and

                     (b)  the Court is satisfied that the person:

                              (i)  is about to leave this jurisdiction, or Australia, in order to avoid:

                                        (A)  paying money payable to the company; or

                                        (B)  being examined about the company's affairs; or

                                        (C)  complying with an order of the Court, or some other obligation, under this Chapter in connection with the winding up; or

                             (ii)  has concealed or removed property of the company in order to prevent or delay the taking of the property into the liquidator's custody or control; or

                            (iii)  has destroyed, concealed or removed books of the company or is about to do so.

Note:          For procedures relating to such a warrant, see Subdivision B.

             (2)  A warrant under subsection (1) may also provide for property or books of the company in the person's possession to be seized and delivered into the custody of a specified person.

             (3)  A warrant under subsection (1) may only be issued on the application of:

                     (a)  a liquidator or provisional liquidator of the company; or

                     (b)  ASIC.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback