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As part of this project, expert input was provided by employment law specialists Herbert Geer. Herbert Geer raised the possibility that the FWO could recover amounts lost by individual employees of a company by suing directors, other managers or agents of the company after the company has become insolvent. Currently, FWO cannot take action against companies without leave from the court (under Section 440D of the Corporations Act) and even then, there is the possibility that there is nothing to recover.
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