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CORPORATIONS ACT 2001 - SECT 588U

Events preventing creditor from suing

             (1)  A creditor of a company that is being wound up cannot begin proceedings under section 588M in relation to the incurring of a debt, or the making of a disposition, by the company if:

                     (a)  the company's liquidator has applied under section 588FF in relation to the debt or disposition, or in relation to a transaction under which the debt was incurred; or

                     (b)  the company's liquidator has begun proceedings under section 588M in relation to the incurring of the debt or the making of the disposition; or

                     (c)  the company's liquidator has intervened in an application for a civil penalty order against a person relating to:

                              (i)  a contravention of subsection 588G(2) relating to the incurring of the debt; or

                             (ii)  a contravention of subsection 588GAB(2) or 588GAC(2) relating to the disposition; or

                     (d)  the company's liquidator has requested ASIC to make an order under subsection 588FGAA(3) relating to the disposition; or

                     (e)  ASIC has made an order under subsection 588FGAA(3) relating to the disposition.

             (2)  Subsection (1) has effect despite sections 588R and 588T.



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