Commonwealth Consolidated Acts

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

CORPORATIONS ACT 2001 - SECT 888H

Claimant may apply to Court if claim disallowed

             (1)  If the SEGC has disallowed a claim, the claimant may bring proceedings in the Court to establish the claim. The proceedings must be brought within 3 months of notice of the disallowance of the claim.

             (2)  If the SEGC has neither allowed nor disallowed a claim within a reasonable period after it was made, the claimant may bring proceedings in the Court to establish the claim.

             (3)  If, in proceedings under subsection (1) or (2), the Court is satisfied that the claim should be allowed, the Court:

                     (a)  must, by order, make a declaration accordingly and direct the SEGC to allow the claim and deal with it in accordance with this Division; and

                     (b)  may, at any time after the order is made, on application made (whether before or after the order is made) by the claimant or the SEGC, give such directions relating to the claim as the Court thinks just and reasonable.

             (4)  In proceedings to establish a claim, all questions of costs are in the discretion of the Court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback