Section 454K — Corporations Act 2001 (Cth)

(1) This section applies if, before the beginning of the restructuring of a company, a receiver or other person:

(a) entered into possession, or assumed control, of property used or occupied by, or in the possession of, the company; or

(b) exercised any other power in relation to such property;

for the purpose of enforcing a right of the owner or lessor of the property to take possession of the property or otherwise recover it.

(2) Nothing in section 453K or 453R prevents the receiver or other person from performing a function, or exercising a power, in relation to the property.

Related sections

• s 454G — Giving a notice under a security agreement etc.
• s 454H — Sale of property subject to a possessory security interest
• s 454J — Scope of sections 454K to 454M
• s 454L — Recovering perishable property
• s 454M — Court may limit powers of receiver etc. in relation to property used by company
• s 454N — Stay on enforcing rights merely because the company is under restructuring etc.

Research how courts apply s 454K

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