(1) Any disposition of property of the company, other than an exempt
disposition, and any transfer of shares or alteration in the status of the
members of the company made after the commencement of the winding up by the
Court is, unless the Court otherwise orders, void.
(2) In subsection (1), exempt disposition , in relation to a company that
has commenced to be wound up by the Court, means:
- (a)
- a disposition made by
the liquidator, or by a provisional liquidator, of the company pursuant to a
power conferred on him or her by:
- (i)
- this Act; or
- (ii)
- rules of the Court that appointed him or her; or
- (iii)
- an order of the Court; or
- (aa)
- a disposition made in good faith by, or with the consent of, an
administrator of the company; or
- (ab)
- a disposition under a deed of company arrangement executed by the
company; or
- (b)
- a payment of money by an Australian ADI out of an account maintained by
the company with the Australian ADI, being a payment made by the Australian
ADI:
- (i)
- on or before the day on which the Court makes the order for the winding up
of the company; and
- (ii)
- in good faith and in the ordinary course of the banking business of the
Australian ADI.
(3) Notwithstanding subsection (1), the Court may, where an application
for winding up has been filed but a winding up order has not been made, by
order:
- (a)
- validate the making, after the filing of the application, of a
disposition of property of the company; or
- (b)
- permit the business of the company or a portion of the business of the
company to be carried on, and such acts as are incidental to the carrying on
of the business or portion of the business to be done, during the period
before a winding up order (if any) is made;
on such terms as it thinks fit.
(4) Any attachment, sequestration, distress or execution put in force against
the property of the company after the commencement of the winding up by
the Court is void.