Share on LinkedInShare on LinkedIn

ARTICLE · 25 SEPTEMBER 2013

Can a voluntary liquidator obtain orders to Issue creditor notices electronically?

The case found liquidators appointed under a CVL could not obtain Court orders to issue creditor notices electronically.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Voluntary administrators frequently obtain Court orders permitting notices to be issued to creditors electronically. Such orders are made under section 447A of the Corporations Act (the Act) on grounds of efficiency, cost and necessity. See Mothercare Australia Ltd (Administrators Appointed) [2013] NSWSC 263 and Creative Memories Australia Pty Ltd [2013] NSWSC 1294.

Can liquidators appointed under a creditors voluntary liquidation (CVL) obtain similar orders? This issue was considered recently by Justice Black of the Supreme Court in Accommodation Clearing House Pty Ltd (In Liquidation) [2013] NSWSC 784 in which:

  1. ACH was an online travel company which accepted internet hotel bookings from customers, who paid ACH either a deposit or full payment online;

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from