When is the deadline for period within which a winding up in insolvency application must be determined?
The catalogue records a 6 months period from The making of the application for the company to be wound up in insolvency. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- The making of the application for the company to be wound up in insolvency
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- s 459R(2): extension only if the Court is satisfied that special circumstances justify it AND the extending order is made WITHIN the current period. The power to extend lapses with the period itself - an application to extend made after expiry is futile. An order under s 459R(2) may be made subject to conditions (s 459R(4)). Never compute the extension.
- SELF-EXECUTING DISMISSAL. Under s 459R(3) the application is dismissed by force of the subsection if not determined in time, with no discretion to relieve. The engine should diarise the extension application well before the 6-month expiry because the extending order, not merely the application for it, must be made within the period. Counted under Acts Interpretation Act 1901 (Cth) s 36.