Section 443A — Corporations Act 2001 (Cth)

(1) The administrator of a company under administration is liable for debts he or she incurs, in the performance or exercise, or purported performance or exercise, of any of his or her functions and powers as administrator, for:

(a) services rendered; or

(b) goods bought; or

(c) property hired, leased, used or occupied, including property consisting of goods that is subject to a lease that gives rise to a PPSA security interest in the goods; or

(d) the repayment of money borrowed; or

(e) interest in respect of money borrowed; or

(f) borrowing costs.

(2) Subsection (1) has effect despite any agreement to the contrary, but without prejudice to the administrator’s rights against the company or anyone else.

Related sections

• s 442D — Administrator’s powers subject to powers of secured party, receiver or controller
• s 442E — Administrator has qualified privilege
• s 442F — Protection of persons dealing with administrator
• s 443B — Payments for property used or occupied by, or in the possession of, the company
• s 443BA — Certain taxation liabilities
• s 443C — Administrator not otherwise liable for company’s debts

Research how courts apply s 443A

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