Checklist · Insolvency, Restructuring & Bankruptcy

Deed of company arrangement: key terms and execution checklist (s 444A and s 444DA)

A checklist for preparing or reviewing a deed of company arrangement: the matters s 444A requires the instrument to specify, the s 444DA employee priority rule, the commercial terms of the proposal, release and creditors’ trust issues, and the execution and lodgement steps.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 2 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use when an administrator, proponent or creditor prepares or reviews a DOCA proposal before the second creditors’ meeting, and again when the instrument is prepared after creditors resolve that the company execute a deed.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may check a draft deed or proposal against this list and extract the commercial terms into a comparison table, but the administrator and the lawyers settle the terms and the administrator decides what to recommend to creditors.

AI may

  • Mark each s 444A matter as present, partly present or missing in a draft deed or proposal, quoting the clause
  • Extract the proponent’s contribution, timing, conditions, distribution order and releases into a table comparing the proposal with a liquidation
  • Check that defined terms, dates and the claims cut-off date are used consistently through the draft

AI must not

  • Must not estimate the return to creditors under the deed or in a liquidation; those figures come from the administrator
  • Must not decide whether employee priority may be excluded or whether the deed should be recommended
  • Must not process creditor or employee data in a tool that retains or trains on it

The lawyer checks

  • Every matter in s 444A(4) is specified, including the claims cut-off date (not later than the day the administration began)
  • The s 444DA employee priority provision is included, or the employee meeting resolution or Court order relied on to exclude it is in place
  • Releases, the treatment of secured and owner creditors, and any creditors’ trust structure are effective and properly explained to creditors
  • The deed is executed by the company and the deed administrator within the time the Act allows after the creditors’ resolution

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Insolvency, Restructuring & Bankruptcy

All precedents for Insolvency, Restructuring & Bankruptcy · Tasks and AI use in this area