Vacancy in office of restructuring practitioner for company
(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.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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