Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 596AH

When employee may sue for compensation without liquidator's consent

(1) This section applies if an employee of a company gives a notice under section 596AG in relation to a contravention of section 569AB and to an entitlement. (2) The employee may begin proceedings in a court under section 596AC in relation to the contravention and the entitlement if:

as at the end of 3 months after the liquidator receives the notice, he or she has not consented to the employee beginning such proceedings; and

on an application made after those 3 months, the court has given leave for the proceedings to begin.

(3) If:

during those 3 months, the liquidator gives to the employee a written statement of the reasons why the liquidator thinks that such proceedings should not be begun; and

the employee applies for leave under paragraph (2)(b);


the employee must file the statement with the court when so applying; and

in determining the application, the court is to have regard to the reasons set out in the statement.

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