Section 579K — Corporations Act 2001 (Cth)

Notice of pooling order

(1) If a pooling order is made in relation to a group of 2 or more companies, the liquidator or liquidators of the companies in the group must:

(a) give each eligible unsecured creditor of each company in the group a written notice setting out:

(i) the order; and

(ii) a summary description of the order; or

(b) give each eligible unsecured creditor of each company in the group a written notice of a website where persons can view a copy of:

(i) the order; and

(ii) a summary description of the order.

Note: For eligible unsecured creditor, see section 579Q.

(2) If:

(a) a pooling order is made in relation to a group of 2 or more companies; and

(b) a company in the group is being wound up under a members’ voluntary winding up;

the liquidator or liquidators of the companies in the group must:

(c) give each member of that company a written notice setting out:

(i) the order; and

(ii) a summary description of the order;

so long as the member is not a company in the group; or

(d) give each member of that company a written notice of a website where persons can view a copy of:

(i) the order; and

(ii) a summary description of the order;

so long as the member is not a company in the group.

Notice of application by liquidator

(3) If:

(a) a pooling order is made in relation to a group of 2 or more companies; and

(b) the Court does any of the following on the application of a liquidator of a company in the group:

(i) makes an order under subsection 579F(1);

(ii) makes an order under subsection 579G(1);

(iii) makes an order under subsection 579H(1);

(iv) gives a direction under subsection 579G(1);

(v) varies a direction given under subsection 579G(1);

the liquidator must:

(c) give each eligible unsecured creditor of each company in the group a written notice setting out:

(i) the order, direction or variation; and

(ii) a summary description of the order, direction or variation; or

(d) give each eligible unsecured creditor of each company in the group a written notice of a website where persons can view a copy of:

(i) the order, direction or variation; and

(ii) a summary description of the order, direction or variation.

Note: For eligible unsecured creditor, see section 579Q.

(4) If:

(a) a pooling order is made in relation to a group of 2 or more companies; and

(b) the Court does any of the following on the application of a liquidator of a company in the group:

(i) makes an order under subsection 579F(1);

(ii) makes an order under subsection 579G(1);

(iii) makes an order under subsection 579H(1);

(iv) gives a direction under subsection 579G(1);

(v) varies a direction given under subsection 579G(1); and

(c) a company in the group is being wound up under a members’ voluntary winding up;

the liquidator must:

(d) give each member of that company a written notice setting out:

(i) the order, direction or variation; and

(ii) a summary description of the order, direction or variation;

so long as the member is not a company in the group; or

(e) give each member of that company a written notice of a website where persons can view a copy of:

(i) the order, direction or variation; and

(ii) a summary description of the order, direction or variation;

so long as the member is not a company in the group.

Related sections

• s 579G — Court may make ancillary orders etc.
• s 579H — Variation of ancillary orders etc.
• s 579J — Notice of application for pooling order etc.
• s 579L — Consolidated meetings of creditors
• s 579M — When debts or claims are provable in winding up
• s 579N — Group of companies

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