Warrant to arrest person who is absconding, or who has dealt with property or books, in order to avoid obligations in connection with winding up
(1) The Court may issue a warrant for a person to be arrested and brought before the Court if: (a) a company is being wound up in insolvency or by the Court, or an application has been made for a company to be so wound up; and (b) the Court is satisfied that the person: (i) is about to leave this jurisdiction, or Australia, in order to avoid: (A) paying money payable to the company; or (B) being examined about the company’s affairs; or (C) complying with an order of the Court, or some other obligation, under this Chapter in connection with the winding up; or (ii) has concealed or removed property of the company in order to prevent or delay the taking of the property into the liquidator’s custody or control; or (iii) has destroyed, concealed or removed books of the company or is about to do so. Note: For procedures relating to such a warrant, see Subdivision B. (2) A warrant under subsection (1) may also provide for property or books of the company in the person’s possession to be seized and delivered into the custody of a specified person. (3) A warrant under subsection (1) may only be issued on the application of: (a) a liquidator or provisional liquidator of the company; or (b) ASIC.
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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