Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where the restructuring practitioner for a company:
(a) dies; or
(b) becomes prohibited from acting as restructuring practitioner for the company; or
(c) resigns by notice in writing given to the company;
the appointer may appoint someone else as restructuring practitioner for the company.
(2) In subsection (1):
"appointer" , in relation to the restructuring practitioner for a company, means:
(a) if the restructuring practitioner was appointed by the Court under Division 90 of Schedule 2 (review of the external administration of a company) or subsection (4) of this section--the Court; or
(b) the company.
(3) An appointment under subsection (1) by the company must be made by resolution of the board.
(4) Where a company is under restructuring, but for some reason no restructuring practitioner is acting, the Court may appoint a person as restructuring practitioner on the application of ASIC or of an officer, member or creditor of the company.