Section 441D — Corporations Act 2001 (Cth)

(1) This section applies if:

(a) for the purpose of enforcing a security interest in property of a company, the secured party, or a receiver or other person, does or proposes to do an act of a kind referred to in a paragraph of subsection 441B(1); and

(b) the company is under administration when the secured party, receiver or other person does or proposes to do the act, or the company later begins to be under administration;

but does not apply in a case where section 441A applies.

(2) On application by the administrator, the Court may order the secured party, receiver or other person not to perform specified functions, or exercise specified powers, except as permitted by the order.

(3) The Court may only make an order if satisfied that what the administrator proposes to do during the administration will adequately protect the secured party’s interests.

(4) An order may only be made, and only has effect, during the administration.

(5) An order has effect despite sections 441B and 441C.

Related sections

• s 441A — Secured party acts before or during decision period
• s 441B — Where enforcement of security interest begins before administration
• s 441C — Security interest in perishable property
• s 441E — Giving a notice under a security agreement etc.
• s 441EA — Sale of property subject to a possessory security interest
• s 441EB — Scope of Subdivision

Research how courts apply s 441D

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.