Section 444E — Corporations Act 2001 (Cth)

(1) Until a deed of company arrangement terminates, this section applies to a person bound by the deed.

(2) The person cannot:

(a) make an application for an order to wind up the company; or

(b) proceed with such an application made before the deed became binding on the person.

(3) The person cannot:

(a) begin or proceed with a proceeding against the company or in relation to any of its property; or

(b) begin or proceed with enforcement process in relation to property of the company;

except:

(c) with the leave of the Court; and

(d) in accordance with such terms (if any) as the Court imposes.

(4) In subsection (3):

property of a company includes:

(a) any PPSA retention of title property of the company; and

(b) any other property used or occupied by, or in the possession of, the company.

Note: See sections 9 (definition of property) and 51F (PPSA retention of title property).

Related sections

• s 444D — Effect of deed on creditors
• s 444DA — Giving priority to eligible employee creditors
• s 444DB — Superannuation contribution debts not admissible to proof
• s 444F — Court may limit rights of secured creditor or owner or lessor
• s 444G — Effect of deed on company, officers and members
• s 444GA — Transfer of shares

Research how courts apply s 444E

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