{"id":"corporations-law-rules-2000","name":"CORPORATIONS LAW RULES 2000","slug":"corporations-law-rules-2000","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174595,"registerId":"nt-corporations-law-rules-2000-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 3","sectionType":"division","heading":"Compromises and arrangements in relation to","content":"Division 3 Compromises and arrangements in relation to\n","sortOrder":0},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 bodies","content":"Part 5.1 bodies\n3.1 Application of Division 3 ................................................................ 12\n3.2 Nomination of chairperson for meeting .......................................... 12\n3.3 Order for meetings to identify proposed scheme ........................... 13\n\nCorporations Law Rules 2000 ii\n3.4 Notice of hearing (Corporations Act s 411 (4), s 413 (1)) –\nForm 6 ........................................................................................... 13\n3.5 Copy of order approving compromise or arrangement to be\nlodged with ASIC ........................................................................... 14\n","sortOrder":1},{"sectionNumber":"Div 4","sectionType":"division","heading":"Receivers and other controllers of corporation","content":"Division 4 Receivers and other controllers of corporation\nproperty (Corporations Act Part 5.2)\n4.1 Inquiry into the conduct of controller (Corporations Act s 423) ...... 14\n","sortOrder":2},{"sectionNumber":"Div 5","sectionType":"division","heading":"Winding up proceedings (including","content":"Division 5 Winding up proceedings (including\noppression proceedings where winding up is\nsought)\n5.1 Application of Division 5 ................................................................ 14\n5.2 Affidavit accompanying statutory demand (Corporations Act\ns 459E(3)) – Form 7 ...................................................................... 15\n5.3 Application for leave to apply for winding up in insolvency\n(Corporations Act s 459P(2)) ......................................................... 15\n5.4 Affidavit in support of application for winding up (Corporations\nAct s 459P, s 462, s 464) .............................................................. 15\n5.5 Consent of liquidator (Corporations Act s 532 (9)) – Form 8 ......... 16\n5.7 Applicant to make copies of documents available ......................... 16\n5.8 Discontinuance of application for winding up ................................. 16\n5.9 Appearance before Registrar......................................................... 16\n5.10 Order substituting plaintiff in application for winding up\n(Corporations Act s 465B) – Form 10 ............................................ 17\n5.11 Notice of winding up order and appointment of liquidator –\nForm 11 ......................................................................................... 17\n","sortOrder":3},{"sectionNumber":"Div 6","sectionType":"division","heading":"Provisional liquidators (Corporations Act","content":"Division 6 Provisional liquidators (Corporations Act\nPart 5.4B)\n6.1 Appointment of provisional liquidator (Corporations Act\ns 472) – Form 8 ............................................................................. 18\n6.2 Notice of appointment of provisional liquidator – Form 12 ............. 18\n7.1 Resignation of liquidator (Corporations Act s 473(1)) .................... 19\n7.2 Filling vacancy in office of liquidator (Corporations Act\ns 473(7), s 502) ............................................................................. 19\n7.3 Report to liquidator as to company's affairs (Corporations Act\ns 475) ............................................................................................ 19\n7.4 Liquidator to file certificate and copy of settled list of\ncontributories (Corporations Act s 478) ......................................... 20\n7.5 Release of liquidator and deregistration of company\n(Corporations s 480(c) and (d)) ..................................................... 20\n7.6 Objection to release of liquidator – Form 13 .................................. 22\n\nCorporations Law Rules 2000 iii\n7.7 Report on accounts of liquidator (Corporations Act s 481) ............ 23\n7.8 Application for payment of call (Corporations Act\ns 483(3)(b)) – Form 14 .................................................................. 23\n7.9 Distribution of surplus by liquidator with special leave of the\nCourt (Corporations Act s 488 (2)) – Form 15 ............................... 23\n7.10 Powers delegated to liquidator by the Court (Corporations Act\ns 488) ............................................................................................ 24\n7.11 Inquiry into conduct of liquidator (Corporations Act s 536(1)\nand (2)) .......................................................................................... 24\n","sortOrder":4},{"sectionNumber":"Div 8","sectionType":"division","heading":"Special managers (Corporations Act Part","content":"Division 8 Special managers (Corporations Act Part\n5.4B)\n8.1 Application for appointment of special manager (Corporations\nAct s 484) ...................................................................................... 25\n8.2 Security given by special manager (Corporations Act s 484) ........ 25\n8.3 Special manager's receipts and payments (Corporations Act\ns 484) ............................................................................................ 25\n9.1 Remuneration of receiver (Corporations Act s 425(1)) –\nForm 16 ......................................................................................... 26\n9.2 Determination by Court of remuneration of administrator\n(Corporations Act s 449E(1)(c) and (1A)(c)) – Form 16 ................. 28\n9.2A Review of remuneration of administrator (Corporations\nAct s 449E(2))................................................................................ 29\n9.3 Remuneration of provisional liquidator (Corporations Act\ns 473(2)) – Form 16 ....................................................................... 31\n9.4 Determination by Court of liquidator’s remuneration\n(Corporations Act s 473(3)(b)(ii)) ................................................... 33\n9.4A Review of remuneration of liquidator (Corporations Act\ns 473(5) and (6) and 504(1)).......................................................... 35\n9.5 Remuneration of special manager (Corporations Act s 84(2)) –\nForm 16 ......................................................................................... 37\n10.1 Determination of value of debts or claims (Corporations Act\ns 554A(2)) ...................................................................................... 38\n10.2 Disclaimer of contract (Corporations Act s 568(1A))...................... 39\n10.3 Winding up Part 5.7 bodies (Corporations Act s 583, s 585)\nand registered schemes (Corporations Act s 601ND) ................... 39\n","sortOrder":5},{"sectionNumber":"Div 11","sectionType":"division","heading":"Examinations and orders (Corporations Act","content":"Division 11 Examinations and orders (Corporations Act\nPart 5.9 Divisions 1 and 2)\n11.1 Definition for Division 11 ................................................................ 39\n\nCorporations Law Rules 2000 iv\n11.2 Application for examination or investigation under s 411(9)(B),\ns 423 or s 536 (3) of the Corporations Act ..................................... 39\n11.3 Application for examination summons (Corporations Act\ns 596A, s 596B) – Form 17 ............................................................ 40\n11.4 Service of examination summons .................................................. 41\n11.5 Discharge of examination summons.............................................. 41\n11.6 Filing of record of examination (Corporations Act s 597(13)) ........ 41\n11.7 Authentication of transcript of examination (Corporations Act\ns 597(14)) ...................................................................................... 42\n11.8 Inspection of record or transcript of examination or\ninvestigation under s 411, s 423 or s 536 of the Corporations\nAct ................................................................................................. 42\n11.9 Entitlement to record or transcript of examination held in public.... 42\n11.10 Default in relation to examination .................................................. 43\n11.11 Service of application for order in relation to breaches etc by\nperson concerned with corporation (Corporations Act s 598) ........ 43\n","sortOrder":6},{"sectionNumber":"Div 11A","sectionType":"division","heading":"Warrants (Corporations Act s 486B and Part","content":"Division 11A Warrants (Corporations Act s 486B and Part\n5.4B, Division 3, Subdivision B)\n11A.1 Arrest of person (Corporations Act s 486B) – Form 17A ............... 44\n","sortOrder":7},{"sectionNumber":"Div 12","sectionType":"division","heading":"Takeovers, acquisitions of shares etc.","content":"Division 12 Takeovers, acquisitions of shares etc.\n(Corporations Act Chapters 6 to 6B) and\nSecurities (Corporations Act Chapter 7)\n12.1 Service on ASIC in relation to proceedings under Chapter 6,\n6A, 6B, 6C, 6D or 7 of the Corporations Act .................................. 44\n12.1A Reference to Court of question of law arising in proceeding\nbefore Takeovers Panel (Corporations Act s 659A) ...................... 45\n12.1B Notification to Court where proceeding is commenced before\nend of takeover bid period (Corporations Act s 659B) ................... 45\n12.2 Application for summons for appearance of person\n(Corporations Act s 1071D(4)) – Form 18 ..................................... 45\n12.3 Application for orders relating to refusal to register transfer or\ntransmission of securities (Corporations Act s 1071F) .................. 46\n14.1 Appeal from act, omission or decision of administrator,\nreceiver or liquidator, etc (Corporations Act s 554A, s 1321)......... 46\n","sortOrder":8},{"sectionNumber":"Div 15","sectionType":"division","heading":"Proceedings under the ASIC Act","content":"Division 15 Proceedings under the ASIC Act\n15.1 Reference to Court of question of law arising at hearing of\nASIC (ASIC Act s 61) .................................................................... 47\n15.3 Application for inquiry (ASIC Act s 70, s 201, s 219) ..................... 47\n\nCorporations Law Rules 2000 v\n","sortOrder":9},{"sectionNumber":"Div 15A","sectionType":"division","heading":"Proceedings under the Cross-Border","content":"Division 15A Proceedings under the Cross-Border\nInsolvency Act\n15A.1 Application of this Division and other rules of the Court ................ 47\n15A.2 Expressions used in the Cross-Border Insolvency Act .................. 48\n15A.3 Application for recognition ............................................................. 48\n15A.4 Application for provisional relief under article 19 of the Model\nLaw ................................................................................................ 49\n15A.5 Official liquidator's consent to act .................................................. 49\n15A.6 Notice of filing of application for recognition .................................. 50\n15A.7 Notice of order for recognition, withdrawal etc ............................... 50\n15A.8 Relief after recognition ................................................................... 51\n15A.9 Application to modify or terminate an order for recognition or\nother relief...................................................................................... 51\n16.1 Powers of Associate Judge ........................................................... 52\n16.2 Powers of Registrar ....................................................................... 53\n16.3 Appeal ........................................................................................... 53\n17. Repeal ........................................................................................... 53\n\n____________________\nAs in force at 22 November 2017\n____________________\nCORPORATIONS LAW RULES 2000\nRules under the Corporations Reform (Northern Territory) Act 2001\n1.1 Citation\nThese Rules may be cited as the Corporations Law Rules 2000.\n1.2 Commencement\nThese Rules come into operation on a date fixed by the Chief\nJustice of the Court by notice in the Gazette.\n1.3 Application of these Rules and other rules of the Court\n(1) Unless the Court otherwise orders:\n(a) these Rules apply to a proceeding in the Court under the\nCorporations Act, or the ASIC Act, that is commenced on or\nafter the commencement of these Rules; and\n(b) Division 15A applies to a proceeding in the Court under the\nCross-Border Insolvency Act.\n(2) The rules in Chapter 1 of the Supreme Court Rules 1987 apply, to\nthe extent that they are relevant and not inconsistent with these\nRules:\n(a) to a proceeding in the Court under the Corporations Act, or the\nASIC Act, that is commenced on or after the commencement\nof these Rules; and\n(b) to a proceeding in the Court under the Cross-Border\nInsolvency Act that is commenced on or after the\ncommencement of Division 15A.\n(3) Unless the Court otherwise orders, the rules applying to a\nproceeding in the Court under the Corporations Act, or the ASIC\nAct, as in force immediately before the commencement of these\nRules, continue to apply to a proceeding under the Corporations\n\nCorporations Law Rules 2000 2\nAct, or the ASIC Act, that was commenced before the\ncommencement of these Rules.\nNote\nBy virtue of the definition of 'this Act' in section 9 of the Corporations Act, a\nreference to the Corporations Act includes a reference to the Corporations\n1.4 Expressions used in the Corporations Act\nUnless the contrary intention appears, an expression used in these\nRules and in the Corporations Act has the same meaning in these\nRules as it has in the Corporations Act.\nNote\nExpressions used in these Rules (including the notes to these Rules) that are\ndefined in the Corporations Act include:\nABN (short for Australian Business Number) – see section 9\nACN (short for Australian Company Number) – see section 9\nARBN (short for Australian Registered Body Number) – see section 9\nASIC – see section 9\nbody – see section 9\nbody corporate – see section 9\nbooks – see section 9\ncompany – see section 9\ncorporation – see section 57A\ndaily newspaper – see section 9\nforeign country – see section 9\nfutures broker – see section 9\nGazette – see section 9\nofficer, in relation to a body corporate – see section 82A\nofficial liquidator – see section 9\nPart 5.1 body – see section 9\nPart 5.7 body – see section 9\nregister – see section 9\nregistered liquidator – see section 9\nregistered office – see section 9\nstatutory demand – see section 9\n1.5 Definitions for these Rules\nIn these Rules, unless the contrary intention appears:\napplicant means a person claiming interlocutory relief in a\nproceeding.\nASIC Act means the Australian Securities and Investments\nCommission Act 2001 of the Commonwealth.\nCorporations Act means the Corporations Act 2001 of the\nCommonwealth.\n\nCorporations Law Rules 2000 3\nCorporations Regulations means the Corporations\nRegulations 2001 of the Commonwealth.\nCross-Border Insolvency Act means the Cross-Border Insolvency\nAct 2008 (Cth) including, unless the contrary intention appears, the\nModel Law.\ndefendant means a person against whom relief (except\ninterlocutory relief) is claimed under the Corporations Act, the ASIC\nAct or the Cross-Border Insolvency Act, whether in the originating\nprocess or not.\ninterlocutory process means an interlocutory process in\nModel Law means the Model Law on Cross-Border Insolvency of\nthe United Nations Commission on International Trade Law, the\nEnglish text of which is set out in Schedule 1 to the Cross-Border\nInsolvency Act, with the modifications set out in Part 2 of that Act.\noriginating process means an originating process in accordance\nwith Form 2.\nplaintiff means a person claiming relief (except interlocutory relief)\nunder the Corporations Act, the ASIC Act or the Cross-Border\nInsolvency Act, whether in the originating process or not.\nrespondent means a person against whom interlocutory relief is\nclaimed in a proceeding.\n1.6 References to rules and forms\nIn these Rules, unless the contrary intention appears:\n(a) a reference to a rule is a reference to a rule in these Rules;\nand\n(b) a reference to a form followed by a number is a reference to\nthe form so numbered in Schedule 1 to these Rules.\n1.7 Substantial compliance with forms\n(1) It is sufficient compliance with these Rules in relation to a document\nthat is required to be in accordance with a form in Schedule 1 if the\ndocument is substantially in accordance with the form required or\nhas only such variations as the nature of the case requires.\n(2) Without limiting subrule (1), the Registrar must not reject a\ndocument for filing only because a term used to describe a party in\nthe document differs from the term used in these Rules.\n\nCorporations Law Rules 2000 4\n1.8 Court's power to give directions\nThe Court may give directions in relation to the practice and\nprocedure to be followed in a proceeding if it is satisfied, in the\ncircumstances of the proceeding, that:\n(a) the provisions of the Corporations Act, ASIC Act, or the rules\nof this Court do not adequately provide for the practice and\nprocedure to be followed in the proceeding; or\n(b) a difficulty arises, or doubt exists, in relation to the practice\nand procedure to be followed in the proceeding.\n1.9 Calculation of time\n(1) If, for any purpose, these Rules:\n(a) prohibit, permit or require an act or thing to be done within, by,\nor before the end of; or\n(b) otherwise prescribe, allow or provide for,\na period of time before or after a particular day, act or event, the\nperiod is to be calculated without counting that day, or the day of\nthe act or event, as the case may be.\n(2) Without limiting subrule (1), in calculating how many days a\nparticular day, act or event is before or after another day, act or\nevent, only the first day, or the day of the first act or event, is to be\ncounted.\n(3) If the last day of any period prescribed or allowed by these Rules\nfor an act or thing to be done falls on a day that is not a business\nday in the place where the act or thing is to be or may be done, the\nact or thing may be done on the first business day in the place after\nthat day.\n(4) In calculating a period of time for the purposes of these Rules, the\nperiod beginning on 25 December in a year and ending at the end\nof 1 January in the next year is not to be counted.\n1.10 Extension and abridgment of time\nUnless the Corporations Act, the ASIC Act, or these Rules\notherwise provide, the rules in Chapter 1 of the Supreme Court\nRules 1987 that provide for the extension or abridgment of a period\nof time fixed for the doing of any act or thing in relation to a\nproceeding apply to a proceeding to which these Rules apply.\n\nCorporations Law Rules 2000 5\n2.1 Title of documents in a proceeding – Form 1\nThe title of a document filed in a proceeding must be in accordance\nwith Form 1.\n2.2 Originating process and interlocutory process – Forms 2 and 3\n(1) Unless these Rules otherwise provide, a person must make an\napplication required or permitted by the Corporations Act to be\nmade to the Court:\n(a) if the application is not made in a proceeding already\ncommenced in the Court – by filing an originating process; and\n(b) in any other case, and whether interlocutory relief or final relief\nis claimed – by filing an interlocutory process.\n(2) Unless the Court otherwise directs, a person may make an\napplication to the Court in relation to a proceeding in respect of\nwhich final relief has been granted by filing an interlocutory process\nin that proceeding.\n(3) An originating process must:\n(a) be in accordance with Form 2; and\n(b) state:\n(i) each section of the Corporations Act or the ASIC Act, or\neach regulation of the Corporations Regulations, under\nwhich the proceeding is brought; and\n(ii) the relief sought.\n(4) An interlocutory process must:\n(a) be in accordance with Form 3; and\n(b) state:\n(i) if appropriate, each section of the Corporations Act or\nthe ASIC Act, or each regulation of the Corporations\nRegulations, or each rule of Court under which the\napplication is made; and\n\nCorporations Law Rules 2000 6\n(ii) the relief sought.\nNote\nIn an application for winding up in insolvency on the ground that the company\nhas failed to comply with a statutory demand, the applicant should consider\ncompleting Part C of Form 2 as shown in Schedule 2 (Notes to these Rules).\n2.3 Fixing of hearing\nOn receiving an originating process or interlocutory process, the\nRegistrar:\n(a) must fix a time, date and place for hearing and endorse those\ndetails on the originating process or interlocutory process; and\n(b) may seal a sufficient number of copies for service and proof of\n2.4 Supporting affidavit\n(1) Unless the Court otherwise directs, an originating process, or\ninterlocutory process, must be supported by an affidavit stating the\nfacts in support of the process.\n(2) Subject to rule 2.4A, an affidavit in support of an originating process\nmust annex a record of a search of the records maintained by\nASIC, in relation to the company that is the subject of the\napplication to which the originating process relates, carried out no\nearlier than 7 days before the originating process is filed.\nNote\nAn example of the affidavit in support of an application for winding up in\ninsolvency for failure to comply with a statutory demand is shown in Schedule 2\n(Notes to these Rules).\n2.4A Application for order setting aside statutory demand\n(Corporations Act s 459G)\n(1) This rule applies, and subrule 2.4(2) does not apply, to an\napplication by a company under section 459G of the Corporations\nAct for an order setting aside a statutory demand served on the\n(2) The plaintiff may file with the originating process seeking the order\na copy of the statutory demand and a copy of any affidavit that\naccompanied the statutory demand.\n\nCorporations Law Rules 2000 7\n(3) The plaintiff must:\n(a) no earlier than 7 days before the originating process is filed,\nand no later than the day before the hearing of the application,\ncarry out a search of the records maintained by ASIC in\nrelation to the plaintiff; and\n(b) either:\n(i) annex the record of the search to the affidavit in support\nof the originating process; or\n(ii) file the record of the search before or tender it on the\nhearing of the application.\n2.5 Affidavits made by creditors\nSubject to rule 5.4, an affidavit that is to be made by a creditor may\nbe made:\n(a) if the creditor is a corporation – by a director, secretary, or\nother principal officer of the corporation, or by a person\nemployed by the corporation who is authorised to make the\naffidavit on its behalf;\n(b) if the creditor is a company to which a liquidator, provisional\nliquidator, receiver, administrator or controller has been\nappointed – by that person; or\n(c) in any other case – by the creditor or a person authorised by\nthe creditor to make the affidavit on behalf of the creditor.\n2.6 Form of affidavits\nAn affidavit must be in a form that complies with:\n(a) the rules in Chapter 1 of the Supreme Court Rules 1987;\n(b) the rules of the Supreme Court of the State (if any) or Territory\n(if any) where the affidavit was sworn or affirmed; or\n(c) the rules of the Federal Court.\n\nCorporations Law Rules 2000 8\n2.7 Service of originating process or interlocutory process and\nsupporting affidavit\n(1) As soon as practicable after filing an originating process and, in any\ncase, at least 5 days before the date fixed for hearing, the plaintiff\nmust serve a copy of the originating process and any supporting\naffidavit on:\n(a) each defendant (if any) to the proceeding; and\n(b) if the corporation to which the proceeding relates is not a party\nto the proceeding – the corporation.\n(2) As soon as practicable after filing an interlocutory process and, in\nany case, at least 3 days before the date fixed for hearing, the\napplicant must serve a copy of the interlocutory process and any\nsupporting affidavit on:\n(a) each respondent (if any) to the application in the interlocutory\n(b) if the corporation to which the application in the interlocutory\nprocess relates is not a party to the application in the\ninterlocutory process – the corporation.\n2.8 Notice of certain applications to be given to ASIC\n(1) This rule has effect in addition to the requirements of the\nCorporations Act that, in relation to a proceeding, particular\ndocuments are to be served on ASIC or notice of particular matters\nis to be given to ASIC.\n(2) This rule does not apply to a person making an application if the\nperson is ASIC or a person authorised by ASIC.\n(3) Unless the Court otherwise orders, if a person makes an application\nunder a provision of the Corporations Act mentioned in Column 1 of\nan item of the following table, the person must serve on ASIC, a\nreasonable time before the hearing of the application, a copy of the\noriginating process, or interlocutory process, and supporting\naffidavit in respect of the application.\nColumn 1 Column 2\nItem Provision Description of application\n1. Section 480 For the release of a liquidator of a\ncompany and the deregistration of the\ncompany\n\nCorporations Law Rules 2000 9\n2. Subsection 482(1) For the stay or termination of a winding\nup\n3. Subsection 509(6) For the deregistration of a company\n4. Subsection 536(1) For an inquiry into the conduct of a\nliquidator\n5. Subsection 601AH(2) To reinstate the registration of a company\n6. Subsection 601CC(8) To restore the name of an Australian\nbody to the register\n7. Subsection 601CL(9) To restore the name of a foreign\ncompany to the register\n8. Chapter 6, 6A, 6B, 6C, 6D\nor 7\nAny application under these Chapters\n9. Subsections 1317S(2), (4)\nand (5)\nFor the relief from liability for\ncontravention of a civil penalty provision\n2.9 Notice of appearance (Corporations Act s 465C) – Form 4\n(1) A person who intends to appear before the Court at the hearing of\nan application must, before appearing:\n(a) file:\n(i) a notice of appearance in accordance with Form 4; and\n(ii) if appropriate – an affidavit stating any facts on which the\nperson intends to rely; and\n(b) serve on the plaintiff a copy of the notice of appearance and\nany affidavit not later than:\n(i) if the person is named in an originating process – 3 days\nbefore the date fixed for hearing; or\n(ii) if the person is named in an interlocutory process – one\nday before the date fixed for hearing.\n(2) If the person intends to appear before the Court to oppose an\napplication for winding up, the person may include in the notice of\nappearance the notice of the grounds on which the person opposes\nthe application required by section 465C of the Corporations Act.\n\nCorporations Law Rules 2000 10\n(3) The period prescribed for filing and serving the notice and affidavit\nrequired by section 465C of the Corporations Act is the period\nmentioned in subparagraph (1) (b) (i).\nNote\nUnder section 465C of the Corporations Act, a person may not, without the leave\nof the Court, oppose an application for winding up unless, within the period\nprescribed by the rules (see subrule (3) of this rule), the person has filed, and\nserved on the plaintiff, notice of the grounds on which the person opposes the\napplication and an affidavit verifying the matters stated in the notice.\n2.10 Intervention in proceeding by ASIC (Corporations Act s 1330) –\nForm 5\n(1) If ASIC intends to intervene in a proceeding, ASIC must file a notice\nof intervention in accordance with Form 5.\n(2) Not later than 3 days before the date fixed for the hearing at which\nASIC intends to appear in the proceeding, ASIC must serve a copy\nof the notice, and any affidavit on which it intends to rely, on the\nplaintiff and on any other party to the proceeding.\n2.11 Publication of notices\nIf a rule requires a notice in relation to a body to be published in\naccordance with this rule, the notice must be published once in a\ndaily newspaper circulating generally in the State or Territory where\nthe body has its principal, or last known, place of business.\nNote\nUnder the Corporations Act, certain notices may also be required to be published\nin the Gazette or in accordance with the Corporations Regulations. Nothing in\nthis rule is intended to affect the operation of any provision of the Corporations\nAct that requires publication of a notice in the Gazette or in accordance with the\nCorporations Regulations.\n2.12 Proof of publication\n(1) This rule applies in relation to any matter published in connection\nwith a proceeding.\n(2) Unless these Rules otherwise provide, or the Court otherwise\norders, the person responsible for the publication of the matter, or\nthe person's legal practitioner, must file:\n(a) an affidavit made by the person, or the person's legal\npractitioner, that states the date of publication and to which is\nannexed or exhibited a copy of the published matter; or\n\nCorporations Law Rules 2000 11\n(b) a memorandum signed by the person, or the person's legal\npractitioner, that states the date of publication and refers to\nand annexes a copy of the published matter.\n(3) The affidavit or memorandum is prima facie evidence that the\npublication took place on the date and otherwise as stated in the\naffidavit or memorandum.\n2.13 Leave to creditor, contributory or officer to be heard\n(1) The Court may grant leave to any person who is, or who claims to\nbe:\n(a) a creditor, contributory or officer of a corporation;\n(b) an officer of a creditor, or contributory, of a corporation; or\n(c) any other interested person,\nto be heard in a proceeding without becoming a party to the\nproceeding.\n(2) If the Court considers that the attendance of a person to whom\nleave has been granted under subrule (1) has resulted in additional\ncosts for any party, or the corporation, which should be borne by\nthe person to whom leave was granted, the Court may:\n(a) direct that the person pay the costs; and\n(b) order that the person not be heard further in the proceeding\nuntil the costs are paid or secured to the Court's satisfaction.\n(3) The Court may order that a person who is, or who claims to be, a\ncreditor, contributory or officer of a corporation be added as a\ndefendant to the proceeding.\n(4) The Court may grant leave to a person under subrule (1), or order\nthat a person be added as a defendant to a proceeding under\nsubrule (3):\n(a) on application by the person or a party to the proceeding; or\n(b) on the Court's own initiative.\n(5) The Court may:\n(a) appoint a creditor or contributory to represent all or any class\nof the creditors or contributories on any question, or in relation\nto any proceeding, before the Court, at the expense of the\ncorporation; and\n\nDivision 3 Compromises and arrangements in relation to Part 5.1 bodies\nCorporations Law Rules 2000 12\n(b) remove any person so appointed.\n2.14 Inquiry in relation to corporation's debts etc\nThe Court may direct an inquiry in relation to the debts, claims or\nliabilities, or a class of debts, claims or liabilities, of or affecting a\ncorporation to which a proceeding relates.\n2.15 Meetings ordered by the Court\nSubject to the Corporations Act, these Rules and any direction of\nthe Court to the contrary, regulations 5.6.11 to 5.6.36A of the\nCorporations Regulations apply to meetings ordered by the Court.\nDivision 3 Compromises and arrangements in relation to\nPart 5.1 bodies\n3.1 Application of Division 3\nThis Division applies if an application is made to the Court for\napproval of a compromise or arrangement between a Part 5.1 body\nand its creditors or members, or any class of its creditors or\nmembers.\n3.2 Nomination of chairperson for meeting\nBefore the hearing of an application under subsection 411(1), (1A)\nor (1B) of the Corporations Act, the plaintiff must file an affidavit\nstating:\n(a) the names of the persons who have been nominated to be the\nchairperson and alternate chairperson of the meeting;\n(b) that each person nominated:\n(i) is willing to act as chairperson;\n(ii) has had no previous relationship or dealing with the\nbody, or any other person interested in the proposed\ncompromise or arrangement, except as disclosed in the\naffidavit; and\n(iii) has no interest or obligation that may give rise to a\nconflict of interest or duty if the person were to act as\nchairperson of the meeting, except as disclosed in the\naffidavit;\n(c) the name of the person (if any) proposed to be appointed to\nadminister the proposed compromise or arrangement; and\n\nDivision 3 Compromises and arrangements in relation to Part 5.1 bodies\nCorporations Law Rules 2000 13\n(d) that the person does not fall within paragraphs 411(7)(a) to (f)\nof the Corporations Act, except as disclosed in the affidavit.\n3.3 Order for meetings to identify proposed scheme\n(1) An order under subsection 411(1) or (1A) of the Corporations Act\nordering a meeting or meetings in relation to a proposed\ncompromise or arrangement must set out in a schedule, or\notherwise identify, a copy of the proposed compromise or\narrangement.\n(2) Unless the Court otherwise orders, a meeting of members ordered\nunder section 411 of the Corporations Act must be convened, held\nand conducted in accordance with:\n(a) the provisions of Part 2G.2 of the Corporations Act that apply\nto the members of a company; and\n(b) the provisions of the plaintiff's constitution that apply in relation\nto meetings of members and are not inconsistent with\n","sortOrder":10},{"sectionNumber":"Part 2G","sectionType":"part","heading":"2 of the Corporations Act.","content":"Part 2G.2 of the Corporations Act.\n(3) Unless the Court otherwise orders, a meeting of a class of holders\nof convertible securities ordered under section 411 of the\nCorporations Act must be convened, held and conducted as if:\n(a) the holders were a separate class of members; and\n(b) the meeting were a meeting of members convened, held and\nconducted under subrule (2),\nbut in accordance with, and subject to, the applicable provisions of\nthe instrument under which the securities were issued.\n3.4 Notice of hearing (Corporations Act s 411 (4), s 413 (1)) –\nForm 6\n(1) This rule applies to:\n(a) an application, under subsection 411(4) of the Corporations\nAct, for an order approving a proposed compromise or\narrangement in relation to a Part 5.1 body; and\n(b) an application, under subsection 413(1) of the Corporations\nAct, for an order in relation to the reconstruction of a Part 5.1\nbody, or Part 5.1 bodies, or the amalgamation of 2 or more\nPart 5.1 bodies.\n(2) Unless the Court otherwise orders, the plaintiff must publish a\nnotice of the hearing of the application.\n\nCorporations Law Rules 2000 14\n(3) The notice must be:\n(a) in accordance with Form 6; and\n(b) published in accordance with rule 2.11 at least 5 days before\nthe date fixed for the hearing of the application.\n3.5 Copy of order approving compromise or arrangement to be\nlodged with ASIC\nIf the Court makes an order under subsection 411(1), (1A) or (4)\nor 413(1) of the Corporations Act, the plaintiff must, as soon as\npracticable after the order is made:\n(a) have the order authenticated;\n(b) lodge an office copy of the order with ASIC; and\n(c) serve an office copy of the order on any person appointed to\nadminister the compromise or arrangement.\nDivision 4 Receivers and other controllers of corporation\nproperty (Corporations Act Part 5.2)\n4.1 Inquiry into the conduct of controller (Corporations Act s 423)\nA complaint to the Court under paragraph 423(1)(b) of the\nCorporations Act about an act or omission of a receiver, or a\ncontroller appointed by the Court, must be made by an originating\nprocess seeking an inquiry in relation to the complaint.\nDivision 5 Winding up proceedings (including oppression\nproceedings where winding up is sought)\n5.1 Application of Division 5\nThis Division applies to the following applications for the winding up\nof a company:\n(a) an application for an order under Part 2F.1 of the Corporations\nAct;\n(b) an application under Part 5.4 or Part 5.4A of the Corporations\nAct.\n\nCorporations Law Rules 2000 15\n5.2 Affidavit accompanying statutory demand (Corporations Act\ns 459E(3)) – Form 7\nFor the purposes of subsection 459E(3) of the Corporations Act, the\naffidavit accompanying a statutory demand relating to a debt, or\ndebts, owed by a company must:\n(a) be in accordance with Form 7 and state the matters\nmentioned in that Form;\n(b) be made by the creditor or by a person with the authority of\nthe creditor or creditors; and\n(c) not state a proceeding number, or refer to a Court proceeding,\nin any heading or title to the affidavit.\n5.3 Application for leave to apply for winding up in insolvency\n(Corporations Act s 459P(2))\nAn application for leave to apply to the Court for an order that a\ncompany be wound up in insolvency may be made at the same\ntime as the application for an order that the company be wound up\nin insolvency is made.\n5.4 Affidavit in support of application for winding up (Corporations\nAct s 459P, s 462, s 464)\n(1) The affidavit in support of an originating process seeking an order\nthat a company be wound up must be made by the plaintiff or by a\nperson with the authority of the plaintiff or plaintiffs.\n(2) If the application is made in reliance on a failure by the company to\ncomply with a statutory demand, the affidavit must:\n(a) verify service of the demand on the company;\n(b) verify the failure of the company to comply with the demand;\nand\n(c) state whether and, if so, to what extent, the debt, or each of\nthe debts, to which the demand relates is still due and payable\nby the company at the date when the affidavit is made.\nNote\nAn example of the affidavit in support of an application for winding up in\ninsolvency for failure to comply with a statutory demand is shown in Schedule 2\n(Notes to these Rules).\n\nCorporations Law Rules 2000 16\n(3) If the application is made in reliance on the ground mentioned in\nparagraph 461(1)(a) of the Corporations Act, the affidavit must:\n(a) state whether the company is able to pay all its debts as and\nwhen they become due and payable; and\n(b) refer to the company's most recent balance sheet and profit\nand loss statement as an annexure or exhibit to the affidavit,\nor explain their absence.\n(4) The affidavit must be made within 7 days before the originating\nprocess is filed.\n5.5 Consent of liquidator (Corporations Act s 532 (9)) – Form 8\n(1) In this rule, liquidator does not include a provisional liquidator.\n(2) For the purposes of subsection 532(9) of the Corporations Act, the\nconsent of an official liquidator to act as liquidator of a company\nmust be in accordance with Form 8.\n(3) In an application for an order that a company be wound up, the\nplaintiff must:\n(a) before the hearing of the application, file the consent\nmentioned in subrule (2) of an official liquidator who would be\nentitled to be appointed as liquidator of the company; and\n(b) serve a copy of the consent on the company at least one day\nbefore the hearing.\n5.7 Applicant to make copies of documents available\nA copy of any document filed in a proceeding to which this Division\napplies must be available at the plaintiff's address for service for\ninspection by a creditor, contributory or officer of the company, or\nan officer of a creditor or contributory of the company.\n5.8 Discontinuance of application for winding up\nAn application for an order that a company be wound up may not\nbe discontinued except with the leave of the Court.\n5.9 Appearance before Registrar\nAfter filing an originating process seeking an order that a company\nbe wound up, the plaintiff must, if required:\n(a) appear before the Registrar on a date to be appointed by the\nRegistrar; and\n\nCorporations Law Rules 2000 17\n(b) satisfy the Registrar that the plaintiff has complied with the\nCorporations Act and these Rules in relation to applications for\na winding up order.\n5.10 Order substituting plaintiff in application for winding up\n(Corporations Act s 465B) – Form 10\n(1) If the Court makes an order under section 465B of the Corporations\nAct, the Court may also order that the substituted plaintiff or\nplaintiffs publish a notice stating that the substituted plaintiff or\nplaintiffs intend to apply for an order that the company be wound\nup.\n(2) The notice must be:\n(a) in accordance with Form 10; and\n(b) published:\n(i) in accordance with rule 2.11 at least 7 days before the\ndate fixed for the hearing of the application; or\n(ii) as otherwise directed by the Court.\n5.11 Notice of winding up order and appointment of liquidator –\nForm 11\n(1) This rule applies if the Court orders that a company be wound up\nand an official liquidator be appointed as liquidator of the company.\n(2) Not later than the day after the order is made, the plaintiff must\ninform the liquidator of the appointment.\n(3) As soon as practicable after being informed of the appointment, the\nliquidator must publish a notice of the winding up order and the\nliquidator's appointment.\n(4) The notice must be:\n(a) in accordance with Form 11; and\n(5) In this rule, liquidator does not include a provisional liquidator.\n\nDivision 6 Provisional liquidators (Corporations Act Part 5.4B)\nCorporations Law Rules 2000 18\nDivision 6 Provisional liquidators (Corporations Act\nPart 5.4B)\n6.1 Appointment of provisional liquidator (Corporations Act\ns 472) – Form 8\n(1) An application for an official liquidator to be appointed, under\nsubsection 472(2) of the Corporations Act, as a provisional\nliquidator of a company must be accompanied by the written\nconsent of the official liquidator.\n(2) The consent must be in accordance with Form 8.\n(3) If:\n(a) an order is made appointing a provisional liquidator; and\n(b) the order provides that the provisional liquidator may take into\nthe provisional liquidator's custody part only of the property of\nthe company,\nthe order is to include a short description of the part of the property\nof the company that the provisional liquidator may take into\ncustody.\n(4) The Court may require the plaintiff to give an undertaking as to\ndamages.\n6.2 Notice of appointment of provisional liquidator – Form 12\n(1) This rule applies if the Court orders that an official liquidator be\nappointed as a provisional liquidator of a company.\n(2) Not later than the day after the order is made, the plaintiff must:\n(a) except if the plaintiff is ASIC – lodge an office copy of the\norder with ASIC;\n(b) serve an office copy of the order on the company (except if the\nplaintiff is the company) and on any other person as directed\nby the Court; and\n(c) give to the provisional liquidator an office copy of the order\nand a written statement that the order has been served as\nrequired by paragraph (b).\n(3) As soon as practicable after the order is made, the provisional\nliquidator must publish a notice of the provisional liquidator's\nappointment.\n\nCorporations Law Rules 2000 19\n(4) The notice must be:\n(a) in accordance with Form 12; and\n7.1 Resignation of liquidator (Corporations Act s 473(1))\n(1) A liquidator appointed by the Court who wishes to resign office\nmust file with the Registrar, and lodge with ASIC, a memorandum\nof resignation.\n(2) The resignation takes effect on the filing and lodging of the\nmemorandum.\n7.2 Filling vacancy in office of liquidator (Corporations Act\ns 473(7), s 502)\n(1) If, for any reason, there is no liquidator acting in a winding up, the\nCourt may:\n(a) in the case of a winding up by the Court – appoint another\nofficial liquidator whose written consent in accordance with\nForm 8 has been filed; and\n(b) in the case of a voluntary winding up – appoint another\nregistered liquidator whose written consent in accordance with\nForm 8 has been filed.\n(2) The Court may make the appointment:\n(a) in any case – on application by ASIC, a creditor or a\ncontributory; or\n(b) in the case of a winding up by the Court – on its own initiative.\n7.3 Report to liquidator as to company's affairs (Corporations Act\ns 475)\n(1) If a person is required under section 475 of the Corporations Act to\nsubmit and verify a report as to the affairs of a company, the\nliquidator must give to the person the appropriate forms and\ninstructions for the preparation of the report.\n\nCorporations Law Rules 2000 20\n(2) Except by order of the Court, no person is to be allowed out of the\nproperty of a company any costs or expenses incurred in relation to\nthe preparation of the report that have not been:\n(a) sanctioned by the liquidator before being incurred; or\n(b) taxed or assessed.\n(3) The liquidator must report to the Court any default in complying with\nthe requirements of section 475 of the Corporations Act.\n(4) In this rule, liquidator includes a provisional liquidator.\n7.4 Liquidator to file certificate and copy of settled list of\ncontributories (Corporations Act s 478)\nIf, in a winding up by the Court, a liquidator has settled and certified\na list, or supplementary list, of contributories, the liquidator must,\nwithin 14 days after doing so, file the certificate and a copy of the\nlist.\n7.5 Release of liquidator and deregistration of company\n(Corporations s 480(c) and (d))\n(1) This rule applies to an application by the liquidator of a company:\n(a) for an order that the liquidator be released; or\n(b) for an order that the liquidator be released and that ASIC\nderegister the company.\n(2) The interlocutory process seeking the order must include:\n(a) a notice stating that any objection to the release of the\nliquidator must be made by filing and serving a notice of\nobjection, in the prescribed form, within 21 days after the date\nof service of the interlocutory process; and\n(b) a statement setting out the terms of subsection 481(3) of the\nNote\nSubsection 481(3) of the Corporations Act provides that an order of the Court\nreleasing a liquidator discharges the liquidator from all liability in respect of any\nact done or default made by the liquidator in the administration of the affairs of\nthe company, or otherwise in relation to the liquidator's conduct as liquidator, but\nany such order may be revoked on proof that it was obtained by fraud or by\nsuppression or by concealment of any material fact.\n\nCorporations Law Rules 2000 21\n(3) The supporting affidavit must include details of the following\nmatters:\n(a) whether the whole of the company's property has been\nrealised or whether so much of the company's property has\nbeen realised as, in the liquidator's opinion, can be realised\nwithout needlessly protracting the winding up;\n(b) any calls made on contributories in the course of the winding\nup;\n(c) any dividends paid in the course of the winding up;\n(d) whether the committee of inspection (if any) has passed a\nresolution approving the liquidator's release;\n(e) whether ASIC has appointed an auditor to report on an\naccount or statement of the position in the winding up under\nsubsection 539(2) of the Corporations Act;\n(f) whether the Court has ordered a report on the accounts of the\nliquidator to be prepared;\n(g) whether any objection to the release of the liquidator has been\nreceived by the liquidator from:\n(i) an auditor appointed by ASIC or by the Court; or\n(ii) any creditor, contributory or other interested person;\n(h) whether any report has been submitted by the liquidator to\nASIC under section 533 of the Corporations Act;\n(i) whether the liquidator considers it necessary to report on the\naffairs of the company or any of its officers;\n(j) any property disclaimed in the course of the winding up;\n(k) any remuneration paid or payable to the liquidator and how\nsuch remuneration was determined;\n(l) any costs, charges or expenses payable by the liquidator if the\nCourt grants the liquidator's release;\n(m) if the application is made under paragraph 480(c) of the\nCorporations Act – the facts and circumstances by reason of\nwhich it is submitted that the company should not be\nderegistered.\n\nCorporations Law Rules 2000 22\n(4) The liquidator must include in the supporting affidavit the\nstatements set out in paragraphs (a) and (b) of this subrule,\nincluding, if appropriate, the words in brackets:\n(a) \"To the best of my belief, there has been no act done or\ndefault made by me in the administration of the affairs of the\nsubject corporation or otherwise in relation to my conduct as\nliquidator which is likely to give rise to any liability to the\nsubject corporation or any creditor or contributory [except as\ndisclosed in this affidavit]\";\n(b) \"I am not aware of any claim made by any person that there\nhas been any such act or default [except as disclosed in this\naffidavit]\".\n(5) The liquidator must file with, or annex to, the supporting affidavit:\n(a) a statement of the financial position of the company at the\ndate when the interlocutory process seeking release was filed;\nand\n(b) a summary of the liquidator's receipts and payments in\nwinding up the company.\n(6) Unless the Court otherwise orders, the liquidator must serve by\nprepaid post, on each creditor who has proved a debt in the course\nof the winding up, and on each contributory, a copy of the\ninterlocutory process accompanied by:\n(a) a copy of the summary of the liquidator's receipts and\npayments in winding up the company; and\n(b) a copy of the statement of the financial position of the\ncompany at the date when the interlocutory process seeking\nrelease was filed.\n7.6 Objection to release of liquidator – Form 13\n(1) A creditor or contributory of a company who wishes to object to the\nrelease of the liquidator of the company must, within 21 days after\nthe date of service of the interlocutory process seeking release:\n(a) file:\n(i) a notice of objection in accordance with Form 13; and\n(ii) if appropriate, an affidavit stating any facts relied on; and\n(b) serve a copy of the notice and the affidavit (if any) on the\nliquidator.\n\nCorporations Law Rules 2000 23\n(2) If the liquidator is served with a notice of objection by a creditor or\ncontributory, the liquidator must, within 3 days after being served,\nserve on the creditor or contributory a copy of the affidavit\nsupporting the interlocutory process.\n7.7 Report on accounts of liquidator (Corporations Act s 481)\n(1) If the Court orders that a report on the accounts of a liquidator be\nprepared under subsection 481(1) of the Corporations Act, the\nliquidator must give to the auditor appointed to prepare the report\nall information, books and vouchers required to prepare the report.\n(2) On completing the report, the auditor must:\n(a) file a copy of the report in a sealed envelope that is marked\nwith the title and number of the proceeding and the words\n\"Auditor's report under subsection 481(1) of the Corporations\nAct 2001\";\n(b) serve a copy of the report on the liquidator; and\n(c) lodge a copy of the report with ASIC.\n(3) Except with the leave of the Court, a report is not available for\ninspection by any person except the liquidator or ASIC.\n7.8 Application for payment of call (Corporations Act s 483(3)(b)) –\nForm 14\nThe affidavit in support of an application by the liquidator of a\ncompany, under paragraph 483(3)(b) of the Corporations Act, for an\norder for the payment of a call must be in accordance with Form 14.\n7.9 Distribution of surplus by liquidator with special leave of the\nCourt (Corporations Act s 488 (2)) – Form 15\n(1) The affidavit in support of an application for special leave to\ndistribute a surplus must state how the liquidator intends to\ndistribute the surplus including the name and address of each\nperson to whom the liquidator intends to distribute any part of the\nsurplus.\n(2) At least 14 days before the date fixed for hearing of the application,\nthe liquidator must publish a notice of the application.\n(3) The notice must be:\n(a) in accordance with Form 15; and\n\nCorporations Law Rules 2000 24\n7.10 Powers delegated to liquidator by the Court (Corporations Act\ns 488)\nSubject to the Corporations Act, the Corporations Regulations,\nthese Rules, and any order of the Court, the powers and duties\nconferred or imposed on the Court by Part 5.4B of the Corporations\nAct in respect of the matters mentioned in subsection 488(1) of the\nCorporations Act may be exercised or performed by a liquidator\nappointed by the Court as an officer of the Court and subject to the\ncontrol of the Court.\n7.11 Inquiry into conduct of liquidator (Corporations Act s 536(1)\nand (2))\n(1) A complaint to the Court under paragraph 536(1)(b) of the\nCorporations Act must be made:\n(a) in the case of a winding up by the Court – by an interlocutory\nprocess seeking an inquiry; and\n(b) in the case of a voluntary winding up – by an originating\nprocess seeking an inquiry.\n(2) A report to the Court by ASIC under subsection 536(2) of the\nCorporations Act must be made:\n(a) in the case of a winding up by the Court – by filing:\n(i) an interlocutory process seeking orders under the\nsection; and\n(ii) a written report in a sealed envelope that is marked with\nthe title and number of the proceeding; and\n(b) in the case of a voluntary winding up – by filing:\n(i) an originating process seeking orders under the\nsubsection; and\n(ii) a written report in a sealed envelope that is marked with\nthe title of the proceeding and provision for its number.\n(3) The contents of a report filed under subrule (2) need not, at the time\nof filing, be verified by an affidavit.\n(4) Except with the leave of the Court, a report made under\nsection 536(2) of the Corporations Act is not available for inspection\nby any person except the liquidator or ASIC.\n(5) In this rule, liquidator includes a provisional liquidator.\n\nDivision 8 Special managers (Corporations Act Part 5.4B)\nCorporations Law Rules 2000 25\nDivision 8 Special managers (Corporations Act Part 5.4B)\n8.1 Application for appointment of special manager (Corporations\nAct s 484)\n(1) An application by a liquidator for the appointment of a special\nmanager in relation to a company must state the powers which, in\nthe liquidator's opinion, should be entrusted by the Court to the\nspecial manager.\n(2) The supporting affidavit must state:\n(a) the circumstances making it proper that a special manager be\nappointed;\n(b) details of the remuneration proposed to be paid to the special\nmanager; and\n(c) whether any committee of inspection in the winding up, or a\nmeeting of creditors, has approved the appointment of a\nspecial manager.\n8.2 Security given by special manager (Corporations Act s 484)\n(1) The Court may, from time to time, direct that the amount of security\ngiven by a special manager be varied.\n(2) Unless the Court otherwise directs, the costs of furnishing the\nsecurity given by a special manager in respect of a particular\nwinding up:\n(a) are the personal expenses of the special manager; and\n(b) are not to be charged against the property of the company as\nan expense incurred in the winding up.\n8.3 Special manager's receipts and payments (Corporations Act\ns 484)\n(1) A special manager must give to the liquidator:\n(a) an account of the special manager's receipts and payments;\nand\n(b) a statutory declaration verifying the account.\n(2) If the liquidator approves the account, the liquidator must include\nthe total amounts of the special manager's receipts and payments\nin the liquidator's accounts.\n\nCorporations Law Rules 2000 26\n9.1 Remuneration of receiver (Corporations Act s 425(1)) –\nForm 16\n(1) This rule applies to an application by a receiver of property of a\ncorporation for an order under subsection 425(1) of the\nCorporations Act fixing the receiver's remuneration.\nNotes for subrule (1)\n","sortOrder":11},{"sectionNumber":"1","sectionType":"section","heading":"Under paragraph 425(2)(b) of the Corporations Act, the Court may exercise","content":"1 Under paragraph 425(2)(b) of the Corporations Act, the Court may exercise\nits power to make an order fixing the remuneration of a receiver appointed\nunder an instrument even if the receiver has died, or has ceased to act,\nbefore the making of the order or the application for the order.\n","sortOrder":12},{"sectionNumber":"2","sectionType":"section","heading":"The amendment to section 425 of the Corporations Act made by the","content":"2 The amendment to section 425 of the Corporations Act made by the\nCorporations Amendment (Insolvencies) Act 2007 applies in relation to a\nreceiver appointed on or after 31 December 2007 – see Corporations Act\ns 1480(5).\n(2) At least 21 days before filing an originating process, or interlocutory\nprocess, seeking the order, the receiver must serve a notice in\naccordance with Form 16 of the receiver's intention to apply for the\norder, and a copy of any affidavit on which the receiver intends to\nrely, on the following persons:\n(a) the person who appointed the receiver;\n(b) any creditor holding security over all or any of the same\nproperty of the corporation (except if the creditor is the person\nwho appointed the receiver);\n(c) any administrator, liquidator or provisional liquidator of the\ncorporation;\n(d) any administrator of a deed of company arrangement\nexecuted by the corporation;\n(e) if there is no person of the kind mentioned in paragraph (c)\nor (d):\n(i) each of the 5 largest (measured by amount of debt)\nunsecured creditors of the corporation; and\n(ii) each member of the corporation whose shareholding\nrepresents at least 10 per cent of the issued capital of\nthe corporation.\n\nCorporations Law Rules 2000 27\n(3) Within 21 days after the last service of the documents mentioned in\nsubrule (2), any creditor or contributory, or any person mentioned in\nparagraph (2) (c), (d) or (e), may give to the receiver a notice of\nobjection to the remuneration claimed, stating the grounds of\nobjection.\n(4) If the receiver does not receive a notice of objection within the\nperiod mentioned in subrule (3):\n(a) the receiver may file an affidavit, made after the end of that\nperiod, in support of the originating process, or interlocutory\nprocess, seeking the order stating:\nto be served under subrule (2) were served; and\n(ii) that the receiver has not received any notice of objection\nto the remuneration claimed within the period mentioned\nin subrule (3);\n(b) the receiver may endorse the originating process, or\ninterlocutory process, with a request that the application be\ndealt with in the absence of the public and without any\nattendance by, or on behalf of, the receiver; and\n(5) If the receiver receives a notice of objection within the period\nmentioned in subrule (3), the receiver must serve a copy of the\noriginating process, or interlocutory process, seeking the order on\neach creditor or contributory, or other person, who has given a\nnotice of objection.\n(6) An affidavit in support of the originating process, or interlocutory\nprocess, seeking the order must:\nsubsection 425(8) of the Corporations Act; and\nperformed by the receiver; and\nby the receiver; and\n(e) state particulars of any objection of which the receiver has\nreceived notice; and\n\nCorporations Law Rules 2000 28\n(f) if the receivership is continuing – give details of any matters\ndelaying the completion of the receivership.\n9.2 Determination by Court of remuneration of administrator\n(Corporations Act s 449E(1)(c) and (1A)(c)) – Form 16\n(1) This rule applies to an application by the administrator of a\ncompany under administration, or of a deed of company\narrangement, for an order under paragraph 449E(1)(c) or (1A)(c) of\nthe Corporations Act determining the administrator's remuneration.\n(2) At least 21 days before filing an originating process, or interlocutory\nprocess, seeking the order, the administrator must serve a notice in\naccordance with Form 16 of the administrator's intention to apply for\nthe order, and a copy of any affidavit on which the administrator\nintends to rely, on the following persons:\n(a) each creditor who was present, in person or by proxy, at any\nmeeting of creditors;\n(b) each member of any committee of creditors or committee of\ninspection;\n(c) if there is no committee of creditors or committee of\ninspection, and no meeting of creditors has been convened\nand held, each of the 5 largest (measured by amount of debt)\ncreditors of the company;\n(d) each member of the company whose shareholding represents\n(3) Within 21 days after the last service of the documents mentioned in\nsubrule (2), any creditor or contributory may give to the\nadministrator a notice of objection to the remuneration claimed,\nstating the grounds of objection.\n(4) If the administrator does not receive a notice of objection within the\nperiod mentioned in subrule (3):\n(a) the administrator may file an affidavit, made after the end of\nthat period, in support of the originating process, or\ninterlocutory process, seeking the order stating:\nto be served under subrule (2) were served; and\n(ii) that the administrator has not received any notice of\nmentioned in subrule (3); and\n\nCorporations Law Rules 2000 29\n(b) the administrator may endorse the originating process, or\ninterlocutory process, with a request that the application be\ndealt with in the absence of the public and without any\nattendance by, or on behalf of, the administrator; and\n(5) If the administrator receives a notice of objection within the period\nmentioned in subrule (3), the administrator must serve a copy of the\noriginating process, or interlocutory process, seeking the order on\neach creditor or contributory who has given a notice of objection.\n(6) An affidavit in support of the originating process, or interlocutory\nprocess, seeking the order must:\nsubsection 449E(4) of the Corporations Act; and\nperformed by the administrator; and\nby the administrator; and\n(e) state particulars of any objection of which the administrator\nhas received notice; and\n(f) if the administration is continuing – give details of any matters\ndelaying the completion of the administration.\n9.2A Review of remuneration of administrator (Corporations\nAct s 449E(2))\n(1) This rule applies to an application for review of the amount of the\nremuneration of an administrator under subsection 449E(2) of the\nThe amendment to section 449E of the Corporations Act made by the\nCorporations Amendment (Insolvency) Act 2007 applies in relation to an\nadministrator appointed on or after 31 December 2007 – see Corporations Act\ns 1480(6).\n(2) The application may be made only after the remuneration has been\ndetermined under paragraph 449E(1)(a) or (b) or (1A)(a) or (b) of\nthe Corporations Act.\n(3) At least 21 days before filing the originating process, or the\ninterlocutory process, applying for a review, the plaintiff or applicant\n\nCorporations Law Rules 2000 30\nmust serve a notice, in accordance with Form 16A, of intention to\napply for the review and a copy of any affidavit on which the plaintiff\nor applicant intends to rely (other than an affidavit required by\nsubrule (9)), on the following persons:\n(a) if there is a committee of creditors or a committee of\ninspection – each member of the committee;\n(b) if the remuneration of the administrator was determined by the\ncreditors – each creditor who was present, in person or by\nproxy, at the meeting of creditors at which the remuneration\nwas determined;\nsubrule (3), any person on whom the notice has been served may\nserve on the plaintiff or applicant a notice:\n(a) stating the person’s intention to appear at the hearing of the\napplication for review; and\n(b) setting out the issues that the person seeks to raise before the\n(5) A person mentioned in subrule (3) is entitled to be heard on the\napplication for review, but only (unless the Court otherwise orders)\nif the person has served on the plaintiff or applicant a notice in\naccordance with subrule (4).\n(6) If the plaintiff or applicant is served with a notice in accordance with\nsubrule (4), the plaintiff or applicant must serve a copy of the\noriginating process or interlocutory process applying for the review\non each person who has served such a notice.\n(7) The administrator must file an affidavit stating the following matters:\n(a) the matters mentioned in subsection 449E(4) of the\nCorporations Act;\n(b) the nature of the work performed or likely to be performed by\nthe administrator;\n(c) the amount of remuneration claimed by the administrator if\nthat amount is different from the amount of remuneration that\nhas been determined;\n(d) a summary of the receipts taken and payments made by the\nadministrator;\n\nCorporations Law Rules 2000 31\n(e) particulars of any objection to the remuneration as\ndetermined, of which the administrator has received notice;\n(f) if the administration is continuing – details of any matters\ndelaying the completion of the administration.\n(8) The affidavit mentioned in subrule (7) must annex a copy of the\nreport that the administrator was required to prepare before\nremuneration was determined.\n(9) The plaintiff or applicant must:\n(a) file an affidavit stating whether any notice or notices under\nsubrule (4) has or have been served; and\n(b) annex or exhibit to the affidavit a copy of any such notice.\n9.3 Remuneration of provisional liquidator (Corporations Act\ns 473(2)) – Form 16\n(1) This rule applies to an application by a provisional liquidator of a\ncompany for an order under subsection 473(2) of the Corporations\nAct determining the provisional liquidator's remuneration.\n(2) The application must be made by interlocutory process in the\nwinding up proceeding.\norder, the provisional liquidator must serve a notice in accordance\nwith Form 16 of the provisional liquidator's intention to apply for the\norder, and a copy of any affidavit on which the provisional liquidator\nintends to rely, on the following persons:\n(a) any liquidator (except the provisional liquidator) of the\ncompany;\n(b) each member of any committee of inspection or, if there is no\ncommittee of inspection, each of the 5 largest (measured by\namount of debt) creditors of the company;\nat least 10 per cent of the issued capital of the company.\nsubrule (3), the liquidator, or any creditor or contributory, may give\nto the provisional liquidator a notice of objection to the remuneration\nclaimed, stating the grounds of objection.\n\nCorporations Law Rules 2000 32\n(5) If the provisional liquidator does not receive a notice of objection\nwithin the period mentioned in subrule (4):\n(a) the provisional liquidator may file an affidavit, made after the\nend of that period, in support of the interlocutory process\nseeking the order stating:\n(ii) that the provisional liquidator has not received any notice\nof objection to the remuneration claimed within the\nperiod mentioned in subrule (4);\n(b) the provisional liquidator may endorse the interlocutory\nprocess with a request that the application be dealt with in the\nabsence of the public and without any attendance by, or on\nbehalf of, the provisional liquidator; and\n(6) If the provisional liquidator receives a notice of objection within the\nperiod mentioned in subrule (4), the provisional liquidator must\nserve a copy of the interlocutory process seeking the order:\n(a) on each creditor or contributory who has given a notice of\nobjection; and\n(b) on the liquidator (if any).\n(7) An affidavit in support of the interlocutory process seeking the order\nmust:\n(a) state the nature of the work performed or likely to be\nperformed by the provisional liquidator;\n(b) state the amount of remuneration claimed;\n(c) include a summary of the receipts taken and payments made\nby the provisional liquidator;\n(d) state particulars of any objection of which the provisional\nliquidator has received notice; and\n(e) if the winding up proceeding has not been determined – give\ndetails of:\n(i) any reasons known to the provisional liquidator why the\nwinding up proceeding has not been determined; and\n\nCorporations Law Rules 2000 33\n(ii) any reasons why the provisional liquidator's\nremuneration should be determined before the\ndetermination of the winding up proceeding.\n(8) The affidavit must also provide evidence of the matters mentioned\nin subsection 473(10) of the Corporations Act:\n(a) to the extent that they may be relevant to a provisional\nliquidator; and\n(b) as if references in that subsection to a liquidator were\nreferences to a provisional liquidator.\n9.4 Determination by Court of liquidator’s remuneration\n(Corporations Act s 473(3)(b)(ii))\n(1) This rule applies to an application by a liquidator of a company for\nan order under subparagraph 473(3)(b)(ii) of the Corporations Act\ndetermining the liquidator's remuneration.\nThe amendment to section 473 of the Corporations Act made by the\nCorporations Amendment (Insolvency) Act 2007 applies in relation to a liquidator\nappointed on or after 31 December 2007 – see Corporations Act s 1480(7).\n(2) The application:\n(a) must be made by interlocutory process in the winding up\nproceeding; and\n(b) must not be made until after the date of the meeting of\ncreditors mentioned in subsection 473(4) of the Corporations\nAct.\norder, the liquidator must serve a notice in accordance with\nForm 16 of the liquidator's intention to apply for the order, and a\ncopy of any affidavit on which the liquidator intends to rely, on the\nfollowing persons:\n(a) each creditor who was present, in person or by proxy, at any\nmeeting of creditors at which the remuneration of the liquidator\nwas considered;\n(b) each member of any committee of inspection;\n(c) if there is no committee of inspection, and no meeting of\ncreditors has been convened and held – each of the 5 largest\n(measured by amount of debt) creditors of the company;\n\nCorporations Law Rules 2000 34\n(d) each member of the company whose shareholding represents\nsubrule (3), any creditor or contributory may give to the liquidator a\nnotice of objection to the remuneration claimed, stating the grounds\nof objection.\n(5) If the liquidator does not receive a notice of objection within the\nperiod mentioned in subrule (4):\n(a) the liquidator may file an affidavit, made after the end of that\nperiod, in support of the interlocutory process seeking the\norder stating:\n(ii) that the liquidator has not received any notice of\nmentioned in subrule (4);\n(b) the liquidator may endorse the interlocutory process with a\nrequest that the application be dealt with in the absence of the\npublic and without any attendance by, or on behalf of, the\nliquidator; and\n(6) If the liquidator receives a notice of objection within the period\nmentioned in subrule (4), the liquidator must serve a copy of the\ninterlocutory process seeking the order on each creditor or\ncontributory who has given a notice of objection.\n(7) An affidavit in support of the interlocutory process seeking the order\nmust:\nsubsection 473(10) of the Corporations Act; and\nperformed by the liquidator; and\nby the liquidator; and\n(e) state particulars of any objection of which the liquidator has\nreceived notice; and\n\nCorporations Law Rules 2000 35\n(f) if the winding up is continuing – give details of any matters\ndelaying the completion of the winding up.\n9.4A Review of remuneration of liquidator (Corporations Act\ns 473(5) and (6) and 504(1))\n(1) This rule applies to an application for review of the amount of the\nremuneration of a liquidator under subsection 473(5) or (6)\nor 504(1) of the Corporations Act.\nThe amendment to section 504 of the Corporations Act made by the\nCorporations Amendment (Insolvency) Act 2007 applies in relation to a liquidator\nappointed on or after 31 December 2007 – see Corporations Act s 1480(7).\n(2) The application may be made only after remuneration has been\ndetermined under paragraph 473(3)(a) or\nsubparagraph 473(3)(b)(i), or fixed under subsection 495(1)\nor 499(3), of the Corporations Act.\n(3) At least 21 days before filing the originating process or interlocutory\nprocess applying for a review, the plaintiff or applicant must serve a\nnotice, in accordance with Form 16A, of intention to apply for the\nreview and a copy of any affidavit on which the plaintiff or applicant\nintends to rely (other than an affidavit required by subrule (9)), on\nthe following persons:\n(a) if there is a committee of inspection – each member of the\ncommittee;\n(b) if the remuneration of the liquidator was determined or fixed by\nthe creditors – each creditor who was present, in person or by\nproxy, at the meeting of creditors at which the remuneration\nwas determined or fixed;\nsubrule (3), any person on whom the notice has been served may\nserve on the plaintiff or applicant a notice:\n(a) stating the person’s intention to appear at the hearing of the\napplication for review; and\n(b) setting out the issues that the person seeks to raise before the\n\nCorporations Law Rules 2000 36\n(5) A person mentioned in subrule (3) is entitled to be heard on the\napplication for review, but only (unless the Court otherwise orders)\nif the person has served on the plaintiff or applicant a notice in\naccordance with subrule (4).\n(6) If the plaintiff or applicant is served with a notice in accordance with\nsubrule (4), the plaintiff or applicant must serve a copy of the\noriginating process or interlocutory process applying for the review\non each person who has served such a notice.\n(7) The liquidator must file an affidavit stating the following matters:\n(a) for an application under subsection 473(5) or (6) of the\nCorporations Act – the matters mentioned in\nsubsection 473(10) of the Corporations Act;\n(b) for an application under subsection 504(1) of the Corporations\nAct – the matters mentioned in subsection 504(2) of the\nCorporations Act;\n(c) the nature of the work performed or likely to be performed by\nthe liquidator;\n(d) the amount of remuneration claimed by the liquidator if that\namount is different from the amount of remuneration that has\nbeen determined or fixed;\n(e) a summary of the receipts taken and payments made by the\nliquidator;\n(f) particulars of any objection to the remuneration as determined\nor fixed of which the liquidator has received notice;\n(g) if the winding up is continuing – details of any matters delaying\nthe completion of the winding up.\n(8) The affidavit under subrule (7) must annex a copy of the report that\nthe liquidator was required to prepare before remuneration was\ndetermined or fixed.\nNote for subrule (8)\nFor the requirement to prepare a report, see subsections 473(11) and (12),\n495(5) and 499(6) and (7) of the Corporations Act.\n(9) The plaintiff or applicant must:\n(a) file an affidavit stating whether any notice or notices under\nsubrule (4) has or have been served; and\n(b) annex or exhibit to the affidavit a copy of any such notice.\n\nCorporations Law Rules 2000 37\n9.5 Remuneration of special manager (Corporations Act s 84(2)) –\nForm 16\n(1) This rule applies to an application by a special manager of the\nproperty or business of a company for an order under\nsubsection 484(2) of the Corporations Act fixing the special\nmanager's remuneration.\n(2) The application must be made by interlocutory process in the\nwinding up proceeding.\norder, the special manager must serve a notice in accordance with\nForm 16 of the special manager's intention to apply for the order,\nand a copy of any affidavit on which the special manager intends to\nrely, on the following persons:\n(a) the liquidator of the company;\n(b) each member of any committee of creditors or committee of\ninspection or, if there is no committee of creditors or\ncommittee of inspection, each of the 5 largest (measured by\namount of debt) creditors of the company;\nat least 10 per cent of the issued capital of the company.\nsubrule (3), the liquidator, or any creditor or contributory, may give\nto the special manager a notice of objection to the remuneration\nclaimed, stating the grounds of objection.\n(5) If the special manager does not receive a notice of objection within\nthe period mentioned in subrule (4):\n(a) the special manager may file an affidavit, made after the end\nof that period, in support of the interlocutory process seeking\nthe order stating:\n(ii) that the special manager has not received any notice of\nmentioned in subrule (4);\n(b) the special manager may endorse the interlocutory process\nwith a request that the application be dealt with in the absence\nof the public and without any attendance by, or on behalf of,\nthe special manager; and\n\nCorporations Law Rules 2000 38\n(6) If the special manager receives a notice of objection within the\nperiod mentioned in subrule (4), the special manager must serve a\ncopy of the interlocutory process seeking the order:\n(a) on each creditor or contributory who has given a notice of\nobjection; and\n(b) on the liquidator.\n(7) The affidavit in support of the interlocutory process seeking the\norder must:\n(a) state the nature of the work performed or likely to be\nperformed by the special manager;\n(b) state the amount of remuneration claimed;\n(c) include a summary of the receipts taken and payments made\nby the special manager;\n(d) state particulars of any objection of which the special manager\nhas received notice; and\n(e) if the special management is continuing – give details of any\nmatters delaying the completion of the special management.\n10.1 Determination of value of debts or claims (Corporations Act\ns 554A(2))\nA reference to the Court by a liquidator of a company under\nparagraph 554A(2)(b) of the Corporations Act must be made:\n(a) in the case of a winding up by the Court – by filing an\ninterlocutory process seeking an order estimating, or\ndetermining a method for working out, the value of the debt or\nclaim; and\n(b) in the case of a voluntary winding up – by filing an originating\nprocess seeking an order estimating, or determining a method\nfor working out, the value of the debt or claim.\n\nCorporations Law Rules 2000 39\n10.2 Disclaimer of contract (Corporations Act s 568(1A))\n(1) The affidavit in support of an application by a liquidator, under\nsubsection 568(1A) of the Corporations Act, for leave to disclaim a\ncontract in relation to a company must:\n(a) specify the persons interested, and their interests, under the\ncontract; and\n(b) state the facts on which it is submitted that the contract should\nbe disclaimed.\n(2) The liquidator must serve the affidavit on each party to the contract\n(except the company) and on any person interested in the contract.\n10.3 Winding up Part 5.7 bodies (Corporations Act s 583, s 585) and\nregistered schemes (Corporations Act s 601ND)\nThese Rules apply, with any necessary adaptations, and in the\nsame way as they apply to a company, in relation to the winding up\nof a Part 5.7 body or a registered scheme.\nDivision 11 Examinations and orders (Corporations Act\nPart 5.9 Divisions 1 and 2)\n11.1 Definition for Division 11\nIn this Division, examination summons means a summons under\nsection 596A or 596B of the Corporations Act for the examination of\na person about a corporation's examinable affairs.\n11.2 Application for examination or investigation under s 411(9)(B),\ns 423 or s 536 (3) of the Corporations Act\n(1) An application for an order for the examination or investigation of a\nperson under paragraph 411(9)(b), section 423 or\nsubsection 536(3) of the Corporations Act may be made by:\n(a) ASIC;\n(b) a person authorised by ASIC;\n(c) a creditor or contributory; or\n(d) any other person aggrieved by the conduct of:\n(i) a person appointed to administer a compromise or\narrangement;\n(ii) a controller; or\n\nCorporations Law Rules 2000 40\n(iii) a liquidator or provisional liquidator.\n(2) The application may be made without notice to any person.\n(3) The provisions of this Division that apply to an examination under\n","sortOrder":13},{"sectionNumber":"Div 1","sectionType":"division","heading":"of Part 5.9 of the Corporations Act apply, with any","content":"Division 1 of Part 5.9 of the Corporations Act apply, with any\nnecessary adaptations, to an examination or an investigation under\nparagraph 411(9)(b), section 423 or subsection 536(3) of the\n11.3 Application for examination summons (Corporations Act\ns 596A, s 596B) – Form 17\n(1) An application for the issue of an examination summons must be\nmade by filing an interlocutory process or an originating process, as\nthe case requires.\n(2) The application may be made without notice to any person.\n(3) The originating process, or interlocutory process, seeking the issue\nof the examination summons must be:\n(a) supported by an affidavit stating the facts in support of the\n(b) accompanied by a draft examination summons.\n(4) The originating process, or interlocutory process, and supporting\naffidavit must be filed in a sealed envelope marked, as appropriate:\n(a) \"Application and supporting affidavit for issue of summons for\nexamination under section 596A of the Corporations\nAct 2001\"; or\n(b) \"Application and supporting affidavit for issue of summons for\nexamination under section 596B of the Corporations\nAct 2001\".\n(5) If the application is not made by the liquidator, the liquidator must\nbe given notice of the application and, if required by the liquidator,\nserved with a copy of the originating process, or interlocutory\nprocess, and the supporting affidavit.\n(6) If the application is not made by ASIC, ASIC must be given notice\nof the application and, if required by ASIC, served with a copy of\nthe originating process, or interlocutory process, and the supporting\naffidavit.\n\nCorporations Law Rules 2000 41\n(7) Unless the Court otherwise orders, an affidavit in support of an\napplication for an examination summons is not available for\ninspection by any person.\n(8) An examination summons is to be in accordance with Form 17.\n11.4 Service of examination summons\nAn examination summons issued by the Court must be personally\nserved, or served in any other manner as the Court may direct, on\nthe person who is to be examined at least 8 days before the date\nfixed for the examination.\n11.5 Discharge of examination summons\n(1) This rule applies if a person is served with an examination\nsummons.\n(2) Within 3 days after the person is served with the examination\nsummons, the person may apply to the Court for an order\ndischarging the summons by filing:\n(a) an interlocutory process seeking an order discharging the\nsummons; and\n(b) an affidavit stating the facts in support of the interlocutory\nprocess.\n(3) As soon as practicable after filing the interlocutory process seeking\nthe order and the supporting affidavit, the person must serve a copy\nof the interlocutory process and the supporting affidavit on:\n(a) the person who applied for the examination; and\n(b) unless that person is ASIC or a person authorised by ASIC –\nASIC.\n11.6 Filing of record of examination (Corporations Act s 597(13))\nIf the Court makes an order in relation to an examination under\nsubsection 597(13) of the Corporations Act, the Court may give\ndirections for the filing of the written record of the examination.\n\nCorporations Law Rules 2000 42\n11.7 Authentication of transcript of examination (Corporations Act\ns 597(14))\nFor the purposes of subsection 597(14) of the Corporations Act, a\ntranscript of an examination may be authenticated:\n(a) by the person, or persons, who prepared the record of\nexamination, or under whose supervision the record was\nprepared, certifying in writing signed by the person or persons,\nthat the record is a true transcript of the record of examination;\nor\n(b) by any person present at the examination, or any part of the\nexamination, signing the person's name at the bottom of each\npage of the written record that records a part of the\nexamination at which the person was present.\n11.8 Inspection of record or transcript of examination or\ninvestigation under s 411, s 423 or s 536 of the Corporations\nAct\n(1) A written record or transcript of an examination or investigation\nunder section 411, 423 or 536 is not available for inspection by any\nperson except:\n(a) with the consent of the liquidator (if any) or ASIC; or\n(b) by leave of the Court.\n(2) This rule does not apply to the liquidator, ASIC or any person\nauthorised by ASIC.\n11.9 Entitlement to record or transcript of examination held in\npublic\n(1) This rule applies if:\n(a) an examination under section 597 of the Corporations Act is\nheld wholly or partly in public; and\n(b) a written record or transcript of the examination is filed in the\n(2) The person examined may apply to the Registrar, within 3 years\nafter the date of completion of the examination, for a copy of the\nrecord or transcript of the part of the examination of the person held\nin public.\n\nCorporations Law Rules 2000 43\n(3) On receiving an application from a person under subrule (2), and\nany applicable fee, the Registrar must give a copy of the record or\ntranscript to the person.\n11.10 Default in relation to examination\n(1) This rule applies if a person is summoned or ordered by the Court\nto attend for examination, and:\n(a) without reasonable cause, the person:\n(i) fails to attend at the time and place appointed; or\n(ii) fails to attend from day to day until the conclusion of the\nexamination; or\n(iii) refuses or fails to take an oath; or\n(iv) refuses or fails to answer a question that the Court\ndirects the person to answer; or\n(v) refuses or fails to produce books that the summons\nrequires the person to produce; or\n(vi) fails to comply with a requirement by the Court to sign a\nwritten record of the examination; or\n(b) before the day fixed for the examination, the person who\napplied for the summons or order satisfies the Court that there\nis reason to believe that the person summoned or ordered to\nattend for examination has absconded or is about to abscond.\n(2) The Court may:\n(a) issue a warrant for the arrest of the person summoned or\nordered to attend for examination; and\n(b) make any other orders that the Court thinks just or necessary.\n11.11 Service of application for order in relation to breaches etc by\nperson concerned with corporation (Corporations Act s 598)\n(1) This rule applies to a person applying for an order under\nsection 598 of the Corporations Act.\n\nDivision 12 Takeovers, acquisitions of shares etc. (Corporations Act Chapters 6 to 6B)\nand Securities (Corporations Act Chapter 7)\nCorporations Law Rules 2000 44\n(2) In addition to complying with rules 2.7 and 2.8, the person must\nserve a copy of the originating process, or interlocutory process, as\nthe case requires, and the supporting affidavit on any liquidator or\nprovisional liquidator (except if the person is the liquidator or\nprovisional liquidator) of the corporation or body.\nNote\nUnder rule 2.7, a plaintiff must serve a copy of the originating process, and any\nsupporting affidavit, on a defendant to the proceeding and, if necessary, on the\ncorporation to which the proceeding relates; and an applicant must serve a copy\nof an interlocutory process, and any supporting affidavit, on a respondent to the\nproceeding and, if necessary, on the corporation to which the proceeding relates.\nIn certain cases, these documents may also be required to be served on ASIC –\nsee rule 2.8.\nDivision 11A Warrants (Corporations Act s 486B and Part 5.4B,\nDivision 3, Subdivision B)\n11A.1 Arrest of person (Corporations Act s 486B) – Form 17A\n(1) An application for the issue of a warrant under subsection 486B(1)\nof the Corporations Act for the arrest of a person must state the\ngrounds for the issue of the warrant.\n(2) The application must be accompanied by an affidavit stating the\nfacts in support of the application.\n(3) The warrant must be in accordance with Form 17A.\n(4) If a person is arrested under the warrant, the person who carried\nout the arrest must immediately give notice of the arrest to the\nRegistrar.\nNote for rule 11A.1\nSections 489A to 489E of the Corporations Act, inserted by the Corporations\nAmendment (Insolvency) Act 2007, apply in relation to a warrant issued on or\nafter 31 December 2007 – see Corporations Act s 1481(3).\nDivision 12 Takeovers, acquisitions of shares etc.\n(Corporations Act Chapters 6 to 6B) and Securities\n(Corporations Act Chapter 7)\n12.1 Service on ASIC in relation to proceedings under Chapter 6,\n6A, 6B, 6C, 6D or 7 of the Corporations Act\nIf ASIC is not a party to an application made under Chapter 6, 6A,\n6B, 6C, 6D or 7 of the Corporations Act, the plaintiff must serve a\ncopy of the originating process and the supporting affidavit on ASIC\nas soon as practicable after filing the originating process.\n\nDivision 12 Takeovers, acquisitions of shares etc. (Corporations Act Chapters 6 to 6B)\nand Securities (Corporations Act Chapter 7)\nCorporations Law Rules 2000 45\n12.1A Reference to Court of question of law arising in proceeding\nbefore Takeovers Panel (Corporations Act s 659A)\nOrder 64 of the Supreme Court Rules 1987 applies, with any\nnecessary adaptations, to a reference of a question of law arising in\na proceeding before the Takeovers Panel to the Court under\nsection 659A of the Corporations Act.\n12.1B Notification to Court where proceeding is commenced before\nend of takeover bid period (Corporations Act s 659B)\n(1) This rule applies to a party to a proceeding who suspects or\nbecomes aware that:\n(a) the proceeding was commenced in relation to a takeover bid,\nor proposed takeover bid, before the end of the bid period;\nand\n(b) the proceeding falls within the definition court proceedings in\nrelation to a takeover bid or proposed takeover bid in\nsection 659B(4) of the Corporations Act.\n(2) The party identified in subrule (1) must, immediately on suspecting\nor becoming aware of the matters mentioned in subrule (1), notify\nany other party to the proceeding and the Court of that suspicion or\nknowledge.\n(3) The party must comply with subrule (2), unless any other party to\nthe proceeding has given a notice under this rule to the party.\n12.2 Application for summons for appearance of person\n(Corporations Act s 1071D(4)) – Form 18\n(1) An application for the issue of a summons under section 1071D(4)\nof the Corporations Act must be made by filing an originating\nprocess or an interlocutory process.\n(2) The application may be made ex parte.\n(3) The originating process, or interlocutory process, seeking the issue\nof the summons must be:\n(a) supported by an affidavit stating the facts in support of the\n(b) accompanied by a draft summons.\n(4) Unless the Court otherwise orders, a summons issued under this\nrule is to be in accordance with Form 18.\n\nCorporations Law Rules 2000 46\n12.3 Application for orders relating to refusal to register transfer or\ntransmission of securities (Corporations Act s 1071F)\nAs soon as practicable after filing an originating process under\nsection 1071F of the Corporations Act, the plaintiff must serve a\ncopy of the originating process and the supporting affidavit on:\n(a) the company; and\n(b) any person against whom an order is sought.\n14.1 Appeal from act, omission or decision of administrator,\nreceiver or liquidator, etc (Corporations Act s 554A, s 1321)\n(1) All appeals to the Court authorised by the Corporations Act must be\ncommenced by an originating process, or interlocutory process,\nstating:\n(a) the act, omission or decision complained of;\n(b) in the case of an appeal against a decision – whether the\nwhole or part only and, if part only, which part of the decision\nis complained of; and\n(c) the grounds on which the complaint is based.\n(2) Unless the Corporations Act or the Corporations Regulations\notherwise provide, the originating process, or interlocutory process,\nmust be filed within:\n(a) 21 days after the date of the act, omission or decision\nappealed against; or\n(b) any further time allowed by the Court.\n(3) The Court may extend the time for filing the originating process, or\ninterlocutory process, either before or after the time for filing expires\nand whether or not the application for extension is made before the\ntime expires.\n(4) As soon as practicable after filing the originating process, or\ninterlocutory process, and, in any case, at least 5 days before the\ndate fixed for hearing, the person instituting the appeal must serve\na copy of the originating process, or interlocutory process, and any\nsupporting affidavit, on each person directly affected by the appeal.\n\nCorporations Law Rules 2000 47\n(5) As soon as practicable after being served with a copy of the\noriginating process, or interlocutory process, and any supporting\naffidavit, a person whose act, omission or decision is being\nappealed against must file an affidavit:\n(a) stating the basis on which the act, omission or decision was\ndone or made; and\n(b) annexing or exhibiting a copy of all relevant documents that\nhave not been put in evidence by the person instituting the\nappeal.\nDivision 15 Proceedings under the ASIC Act\n15.1 Reference to Court of question of law arising at hearing of\nASIC (ASIC Act s 61)\nOrder 64 of the Supreme Court Rules 1987 applies, with any\nnecessary adaptations, to a reference of a question of law arising at\na hearing by ASIC to the Court under section 61 of the ASIC Act.\n15.3 Application for inquiry (ASIC Act s 70, s 201, s 219)\nAn application for an inquiry under subsection 70(3), 201(3)\nor 219(7) of the ASIC Act must be made by filing an originating\nprocess seeking an inquiry and orders under the relevant section.\nDivision 15A Proceedings under the Cross-Border\nInsolvency Act\n15A.1 Application of this Division and other rules of the Court\nUnless the Court otherwise orders:\n(a) this Division applies to a proceeding in the Court, under the\nCross-Border Insolvency Act, involving a debtor other than an\nindividual; and\n(b) the rules in the other Divisions of these Rules, and the rules in\n","sortOrder":14},{"sectionNumber":"Part 1","sectionType":"part","heading":"of the Supreme Court Rules 1987, apply to a","content":"Chapter 1 of the Supreme Court Rules 1987, apply to a\nproceeding in the Court under the Cross-Border Insolvency\nAct if they are relevant and not inconsistent with this Division.\nNote\nSee rule 1.5 for definitions Cross-Border Insolvency Act and Model Law.\n\nCorporations Law Rules 2000 48\n15A.2 Expressions used in the Cross-Border Insolvency Act\n(1) Unless the contrary intention appears, an expression that is used in\nthis Division and in the Cross-Border Insolvency Act, whether or not\na particular meaning is given to the expression by the Cross-Border\nInsolvency Act, has the same meaning in this Division as it has in\nthe Cross-Border Insolvency Act.\nNote\nThe following expressions used in this Division (including in the notes to this\nDivision) are defined in the Model Law as having the following meanings:\nestablishment means any place of operations where the debtor carries out a\nnon-transitory economic activity with human means and goods or services.\nforeign court means a judicial or other authority competent to control or\nsupervise a foreign proceeding.\nforeign main proceeding means a foreign proceeding taking place in the State\nwhere the debtor has the centre of its main interests.\nforeign non-main proceeding means a foreign proceeding, other than a foreign\nmain proceeding, taking place in a State where the debtor has an establishment\nwithin the meaning of subparagraph (f) of the present article.\nforeign proceeding means a collective judicial or administrative proceeding in a\nforeign State, including an interim proceeding, pursuant to a law relating to\ninsolvency in which proceeding the assets and affairs of the debtor are subject to\ncontrol or supervision by a foreign court, for the purpose of reorganization or\nliquidation.\nforeign representative means a person or body, including one appointed on an\ninterim basis, authorized in a foreign proceeding to administer the reorganization\nor the liquidation of the debtor’s assets or affairs or to act as a representative of\nthe foreign proceeding.\n(2) This Division is to be interpreted in a manner that gives effect to the\nCross-Border Insolvency Act.\n15A.3 Application for recognition\n(1) An application by a foreign representative for recognition of a\nforeign proceeding under article 15 of the Model Law must be made\nby filing an originating process in accordance with Form 2.\n(2) The originating process must:\n(a) be accompanied by the statements referred to in article 15 of\nthe Model Law and in section 13 of the Cross-Border\nInsolvency Act; and\n(b) name the foreign representative as the plaintiff and the debtor\nas the defendant; and\n\nCorporations Law Rules 2000 49\n(c) be accompanied by an affidavit verifying the matters\nmentioned in paragraphs 2 and 3 of article 15 of the Model\nLaw and in section 13 of the Cross-Border Insolvency Act.\n(3) When filing the originating process, the foreign representative must\nfile, but need not serve, an interlocutory process seeking directions\nas to service, and the Court may give any directions about service,\nand make any incidental orders, that it thinks just.\n(4) The plaintiff must serve a copy of the originating process and the\nother documents mentioned in subrule (2):\n(a) unless the Court otherwise orders, in accordance with\nsubrule 2.7(1); and\n(b) on any other persons the Court may direct at the hearing of\nthe interlocutory process.\n(5) A person who intends to appear before the Court at the hearing of\nan application for recognition must file and serve the documents\n15A.4 Application for provisional relief under article 19 of the Model\nLaw\n(1) Any application by the plaintiff for provisional relief under article 19\nof the Model Law must be made by filing an interlocutory process in\n(2) Unless the Court otherwise orders, the interlocutory process and\nany supporting affidavit must be served in accordance with\nsubrule 2.7(2).\n15A.5 Official liquidator's consent to act\nIf an application is made for an order under article 19 or 21 of the\nModel Law to entrust the administration, realisation or distribution of\nall or part of the debtor's assets to a person designated by the\nCourt (other than the foreign representative) then, unless the Court\notherwise orders, the person must:\n(a) be an official liquidator; and\n(b) have filed a Consent to Act, in accordance with Form 19, that\nspecifies an address for service for the person within\nAustralia.\n\nCorporations Law Rules 2000 50\n15A.6 Notice of filing of application for recognition\n(1) Unless the Court otherwise orders, the plaintiff in a proceeding\nmentioned in rule 15A.3 must:\n(a) send a notice of the filing of the application in accordance with\nForm 20 to each person whose claim to be a creditor of the\ndefendant is known to the plaintiff; and\n(b) publish a notice of the filing of the application for recognition of\na foreign proceeding in accordance with Form 20, in\naccordance with rule 2.11.\n(2) The Court may direct the plaintiff to publish a notice in accordance\nwith Form 20 in a daily newspaper circulating generally in any State\nor Territory not described in rule 2.11.\n15A.7 Notice of order for recognition, withdrawal etc\n(1) If the Court makes an order for recognition of a foreign proceeding\nunder article 17 of the Model Law, or makes any order under\narticle 19 or 21 of the Model Law, the plaintiff must, as soon as\npracticable after the order is made, do all of the following:\n(a) have the order entered;\n(b) serve a copy of the entered order on the defendant;\n(c) send a notice of the making of the order in accordance with\nForm 21 to each person whose claim to be a creditor of the\ndefendant is known to the plaintiff;\n(d) publish a notice of the making of the order in accordance with\nForm 21, in accordance with rule 2.11.\n(2) The Court may direct the plaintiff to publish the notice in\naccordance with Form 21 in a daily newspaper circulating generally\n(3) If the application for recognition is withdrawn or dismissed, the\nplaintiff must, as soon as practicable, do all of the following:\n(a) for a dismissal, have the order of dismissal entered;\n(b) serve a copy of the entered order of dismissal or notice of the\nwithdrawal, on the defendant;\n(c) send a notice of the dismissal or withdrawal in accordance\nwith Form 22 to each person whose claim to be a creditor of\nthe defendant is known to the plaintiff;\n\nCorporations Law Rules 2000 51\n(d) publish a notice of the dismissal or withdrawal in accordance\nwith Form 22, in accordance with rule 2.11.\n(4) The Court may direct the plaintiff to publish the notice in\naccordance with Form 22 in a daily newspaper circulating generally\n15A.8 Relief after recognition\n(1) If the Court has made an order for recognition of a foreign\nproceeding, any application by the plaintiff for relief under\nparagraph 1 of article 21 of the Model Law must be made by filing\nan interlocutory process, and any supporting affidavit, in\n(2) Unless the Court otherwise orders, an interlocutory process under\nsubrule (1) and any supporting affidavit must be served, in\naccordance with subrule 2.7(2), but on the following persons:\n(a) the defendant;\n(b) any person that the Court directed be served with the\noriginating process by which the application for recognition\nwas made;\n(c) any other person that the Court directs.\n(3) A person who intends to appear before the Court at the hearing of\nan application under subrule (1) must file and serve the documents\n15A.9 Application to modify or terminate an order for recognition or\nother relief\n(1) This rule applies to:\n(a) an application under paragraph 4 of article 17 of the Model\nLaw for an order modifying or terminating an order for\nrecognition of a foreign proceeding; and\n(b) an application under paragraph 3 of article 22 of the Model\nLaw for an order modifying or terminating relief granted under\narticle 19 or 21 of the Model Law.\n(2) An application mentioned in subrule (1) must be made by filing an\ninterlocutory process in accordance with Form 3.\n\nCorporations Law Rules 2000 52\n(3) An interlocutory process for an application under subrule (1) and\nany supporting affidavit must be served on:\n(a) for an application under paragraph (1)(a) – the defendant and\nother persons who were served with, or filed a notice of\nappearance in relation to, the application for recognition; and\n(b) for an application under paragraph (1)(b) – the defendant and\nother persons who were served with, or filed a notice of\nappearance in relation to, the application for relief under\narticle 19 or 21.\n(4) Unless the Court otherwise orders, a plaintiff who applies for an\norder under subrule (1) must:\n(a) send a notice of the filing of the application in accordance with\nForm 23 to each person whose claim to be a creditor of the\ndefendant is known to the plaintiff; and\n(b) publish a notice of the filing of the application in accordance\nwith Form 23, in accordance with rule 2.11.\n(5) The Court may direct the applicant to publish the notice in\naccordance with Form 23 in a daily newspaper circulating generally\n(6) A person who intends to appear before the Court at the hearing of\nan application under subrule (1) must file and serve the documents\n16.1 Powers of Associate Judge\n(1) An Associate Judge may hear and determine any originating\nprocess or interlocutory process brought under these Rules, subject\nto the limitations contained in rule 77.02(4) of the Supreme Court\nRules 1987.\n(2) If a proceeding before an Associate Judge appears to the Associate\nJudge to be proper for the decision of a Judge, the Associate Judge\nmay, on the application of a party or of the Associate Judge's own\nmotion, refer the proceeding to a Judge.\n(3) Any application brought under subrule (2) is to be dealt with before\nthe substantive application is heard.\n(4) If an Associate Judge refers a proceeding to a Judge, the Judge\nmay dispose of the proceeding or refer it back to an Associate\nJudge with any direction that the Judge considers appropriate.\n\nCorporations Law Rules 2000 53\n(5) A Judge before whom any application is brought may direct that it,\nor any issue relating to it, be heard by an Associate Judge.\n16.2 Powers of Registrar\n(1) An Associate Judge may, with the approval of the Chief Justice,\ndirect that, during a specified period or at any time, a Registrar may\nhear:\n(a) a specified application;\n(b) an application of a specified type; or\n(c) all applications,\nthat an Associate Judge may hear.\n(2) If a proceeding before a Registrar appears to the Registrar to be\nproper for the decision of a Judge, the Registrar:\n(a) may refer the proceeding to a Judge; or\n(b) on the application of a party to the proceeding – must refer the\nproceeding to a Judge.\n(3) If the Registrar refers a proceeding to a Judge, the Judge may\ndispose of the proceeding or refer it back to the Registrar with any\ndirection that the Judge considers appropriate.\n16.3 Appeal\n(1) A person affected by a direction, decision or order of an Associate\nJudge or Registrar may appeal to the Court of Appeal under Order\n85 of the Supreme Court Rules 1987.\n(2) Order 85 of the Supreme Court Rules 1987 applies, with any\nnecessary adaptations, in relation to an appeal under this rule as if\nit were an appeal in relation to a judgment given or order made by\nan Associate Judge or the Registrar under Chapter 1 of the\nSupreme Court Rules 1987.\n17. Repeal\nThe Supreme Court (Corporations Law) Interim Rules 1990\n(Regulations 1990, No. 51) and the Supreme Court (Companies)\nRules 1986 (Regulations 1986, No. 31 and Regulations 1988,\nNo. 27) are repealed.\n\nCorporations Law Rules 2000 54\nrule 1.6\nForm 1 Document Title\n(rule 2.1)\nDIVISION: [insert if appropriate]\nREGISTRY: [1]\nIN THE MATTER OF [full name of corporation to which the proceeding relates\nand, if applicable, the words ‘(in liquidation)', ‘(receiver appointed)', ‘(receiver\nand manager appointed)', ‘(controller acting)', or ‘(administrator appointed)']\nABN or ACN or ARBN: [insert ABN or ACN or ARBN]\nAB (and Others)\nPlaintiff(s)\n[list, in a schedule, any further plaintiffs]\nCD (and Others)\nDefendant(s)\n[list, in a schedule, any further defendants]\n\nCorporations Law Rules 2000 55\nForm 2 Originating process\n(rules 2.2 and 15A.3)\nA. DETAILS OF APPLICATION\nThis application is made under *section/*regulation [number] of the\n*Corporations Act/*ASIC Act/*Cross-Border Insolvency Act/*Corporations\n[State briefly the nature of the proceeding, eg application for winding-up on\nground of insolvency; or complaint about a receiver.]\nOn the facts stated in the supporting affidavit(s), the plaintiff claims:\netc\nAND\n……………………………\nSignature of plaintiff or\nplaintiff's legal practitioner\nThis application will be heard by ……………………………………………… at\n[address of Court] at ………….*am/*pm on ………………………… .\nB. NOTICE TO DEFENDANT(S) (IF ANY)\nTO: [name and address of each defendant (if any)]\nIf you or your legal practitioner do not appear before the Court at the time\nshown above, the application may be dealt with, and an order made, in your\nabsence. As soon after that time as the business of the Court will allow, any\nof the following may happen:\n(a) the application may be heard and final relief given;\n(b) directions may be given for the future conduct of the proceeding;\n\nCorporations Law Rules 2000 56\n(c) any interlocutory application may be heard.\nBefore appearing before the Court, you must file a notice of appearance, in\nthe prescribed form, in the Registry and serve a copy of it on the plaintiff.\nNote\nUnless the Court otherwise orders, a defendant that is a corporation must be represented at a\nhearing by a legal practitioner. It may be represented at a hearing by a director of the\ncorporation only if the Court grants leave.\n* Omit if not applicable.\nC. APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY\n[Complete this section if this originating process is seeking an order\nthat a company be wound up in insolvency on the ground that the\ncompany has failed to comply with a statutory demand (see\nsection 459Q of the Corporations Act)]\n[Set out particulars of service of the statutory demand on the company and of\nthe failure to comply with the demand]\n[Attach to this originating process a copy of the statutory demand and, if the\ndemand has been varied by an order made under subsection 459H(4) of the\nCorporations Act because of a dispute or offsetting claim, a copy of the order\nmade under that subsection]\n[The affidavit in support of this originating process must:\n(a) verify service of the demand on the company; and\n(b) verify the failure of the company to comply with the demand;\nand\n(c) state whether and, if so, to what extent the debt, or each of the\ndebts, to which the demand relates is still due and payable at\nthe date when the affidavit is made]\nNote 1\nIn an application for winding up in insolvency on the ground that the company has failed to\ncomply with a statutory demand, the applicant should consider completing Part C of Form 2\nas shown in Schedule 2 (Notes to these Rules).\nNote 2\nAn example of the affidavit in support of an application for winding up in insolvency for failure\nto comply with a statutory demand is shown in Schedule 2 (Notes to these Rules).\n\nCorporations Law Rules 2000 57\nD. FILING\nDate of filing: [date of filing to be entered by Registrar]\nRegistrar\nThis originating process is filed by [name] for the plaintiff.\nE. SERVICE\nThe plaintiff's address for service is [address of plaintiff's legal practitioner or\nof plaintiff].\n*It is not intended to serve a copy of this originating process on any person.\nOR\n*It is intended to serve a copy of this originating process on each defendant\nand on any person listed below:\n[name of defendant and any other person on whom a copy of the originating\nprocess is to be served]\n[Complete the following section if the time for service has been\nabridged]\nThe time by which a copy of this originating process is to be served has been\nabridged by order made by [name of Judge] on [date] to [time and date].\n\nCorporations Law Rules 2000 58\nForm 3 Interlocutory process\n(rules 2.2, 15A.4, 15A.8 and 15A.9)\nA. DETAILS OF APPLICATION\nThis application is made under *section/*regulation [number] of the\n*Corporations Act/*ASIC Act/*Cross-Border Insolvency Act/*Corporations\nOn the facts stated in the supporting affidavit(s), the applicant, [name], applies\nfor the following relief:\netc\nAND\n……………………………\nSignature of applicant making this application or\napplicant's legal practitioner\nThis application will be heard by …………………………………… at [address\nof Court] at ………….*am/*pm on ………………………… .\nB. NOTICE TO RESPONDENT(S) (IF ANY)\nTO: [name and address of each respondent to this interlocutory process (if\nany). If applicable, also state the respondent's address for service.]\nIf you or your legal practitioner do not appear before the Court at the time\nshown above, the application may be dealt with, and an order made, in your\nabsence.\nBefore appearing before the Court, you must, except if you have already done\nso or you are the plaintiff in this proceeding, file a notice of appearance, in the\nprescribed form, in the Registry and serve a copy of it on the plaintiff in the\noriginating process.\nNote\nUnless the Court otherwise orders, a respondent that is a corporation must be represented at\na hearing by a legal practitioner. It may be represented at a hearing by a director of the\ncorporation only if the Court grants leave.\n\nCorporations Law Rules 2000 59\n* Omit if not applicable.\nC. FILING\nThis interlocutory process is filed by [name] for the applicant.\nD. SERVICE\nThe applicant's address for service is [address of applicant's legal practitioner\nor of applicant].\n*It is not intended to serve a copy of this interlocutory process on any person.\nOR\n*It is intended to serve a copy of this interlocutory process on each\nrespondent and on any person listed below:\n[name of respondent and any other person on whom a copy of the\ninterlocutory process is to be served]\n[Complete the following section if the time for service has been\nabridged]\nThe time by which a copy of this interlocutory process is to be served has\nbeen abridged by order made by [name of Judge] on [date] to [time and date].\n\nCorporations Law Rules 2000 60\nForm 4 Notice Of Appearance\n(rule 2.9)\nA. DETAILS OF PERSON INTENDING TO APPEAR\nNotice is given that [state full name and address], [briefly state your interest in\nthe proceeding, eg a creditor for $ (amount), or a contributory, of the\ncorporation] intends to appear before the Court at the hearing of the\napplication to be heard at [name of Court and address] on [date] and, if\napplicable, to *oppose/*support the application.\nNote\nUnless the Court otherwise orders, a defendant or respondent that is a corporation must be\nrepresented at a hearing by a legal practitioner. It may be represented at a hearing by a\ndirector of the corporation only if the Court grants leave.\nB. GROUNDS OF OPPOSITION TO WINDING UP\n[Complete this section only if you are opposing an application to wind up a\ncompany]\nThe grounds on which I oppose the application for winding up are:\netc\nC. SERVICE\n[This section must be completed]\nThe address for service of the person giving this notice is [address of person's\nlegal practitioner or of person].\nSignature of person giving notice\nor of person's legal practitioner\n\nCorporations Law Rules 2000 61\nForm 5 Notice of intervention by ASIC\n(rule 2.10)\nThe Australian Securities and Investments Commission, whose address for\nservice is [address], intervenes in this proceeding.\nSigned on behalf of ASIC\nName of signatory: [name].\nCapacity of signatory: [capacity].\n\nCorporations Law Rules 2000 62\nForm 6 Notice of hearing to approve compromise or\narrangement\n(rule 3.4)\nTO all the creditors and members of [name of company].\nTAKE NOTICE that at . . . . . . . . *am/*pm on . . . . . . . ., the . . . . . . . . . . . . . . .\nat [address of Court] will hear an application by [name of plaintiff] seeking the\napproval of a compromise or arrangement between the above-named\ncompany and its *members/*creditors as proposed by a resolution passed by\nthe meeting of the *members/*creditors of the company held on [date].\n[Complete this section if applicable]\nThe proposed compromise or arrangement as passed by the meeting was\namended from the form of compromise or arrangement previously sent to you\nin the following respects:\n[Set out the details of any amendment made at the meeting]\nIf you wish to oppose the approval of the compromise or arrangement, you\nmust file and serve on the plaintiff a notice of appearance, in the prescribed\nform, together with any affidavit on which you wish to rely at the hearing. The\nnotice of appearance and affidavit must be served on the plaintiff at its\naddress for service at least one day before the date fixed for the hearing of\nthe application.\n[This section must be completed]\nThe address for service of the plaintiff is [address of plaintiff's legal\npractitioner or of plaintiff].\nName of person giving notice or of person's legal practitioner [name].\n\nCorporations Law Rules 2000 63\nForm 7 Affidavit accompanying statutory demand\n(rule 5.2)\n[Name of creditor(s)]\nCreditor(s)\n[Name of debtor company]\nDebtor company\nI, [name] of [address and occupation], make oath and say:\n1 I am [state deponent's relationship to the creditor(s), e.g. \"the creditor\",\n\"(name), one of the creditors\", \"a director of the creditor\", \"a director of\n(name), one of the creditors\"] in respect of *a debt of $[amount]/*debts\ntotalling $[amount] owed by [name of debtor company] to *it/*them relating to\n[state nature of debt, or debts, ensuring that what is stated corresponds with\nthe description of the debt, or debts, to be given in the proposed statutory\ndemand, with which this affidavit is to be served on the debtor company].\n2 [If the deponent is not the creditor, state the facts entitling the deponent\nto make the affidavit, eg ‘I am authorised by the creditor(s) to make this\naffidavit on its/their behalf]\n3 [State the source of the deponent's knowledge of the matters stated in\nthe affidavit in relation to the debt or each of the debts, eg \"I am the person\nwho, on behalf of the creditor(s), had the dealings with the debtor company\nthat gave rise to the debt\", \"I have inspected the business records of the\ncreditor in relation to the debtor company's account with the creditor\"]\n4 *The debt/*The total of the amounts of the debts, mentioned in\nparagraph 1 of this affidavit, is due and payable by the debtor company.\n","sortOrder":15},{"sectionNumber":"5","sectionType":"section","heading":"I believe that there is no genuine dispute about the existence or","content":"5 I believe that there is no genuine dispute about the existence or\namount of the *debt/*any of the debts.\n\nCorporations Law Rules 2000 64\nForm 8 Consent of liquidator/provisional liquidator\n(rules 5.5, 6.1)\nI, [name], of [address], an official liquidator, consent to be appointed by the\nCourt and to act as the *liquidator/*provisional liquidator of [name of\ncompany].\nI am not aware of any conflict of interest or duty that would make it improper\nfor me to act as *liquidator/*provisional liquidator of the company.\nEITHER\nI am not aware of any relevant relationship mentioned in subsection 60(2) of\nthe Corporations Act.\nOR\nI have, or have had within the preceding 24 months, the following relevant\nrelationships mentioned in subsection 60(2) of the Corporations Act:\n[Set out all relevant relationships]\nThe hourly rates currently charged in respect of work done as\n*liquidator/*provisional liquidator by me, and by my partners and employees\nwho may perform work in this administration, are set out below or in the\nSchedule which is attached to this Consent. I acknowledge that my\nappointment by the Court does not constitute an express or implied approval\nby the Court of these hourly rates.\nNote\nThe requirement to disclose hourly rates should not be taken to imply that remuneration on an\nhourly basis is the most desirable or appropriate arrangement in every case. The\nCorporations Act acknowledges that another method of calculating remuneration may be\nappropriate (see, for example, s 473(2) and (3)).\nSignature of official liquidator\n[description of hourly rate(s)]\n\nCorporations Law Rules 2000 65\nForm 10 Notice of application for winding up order by\nsubstituted plaintiff\n(rule 5.10)\n1 [Name of substituted plaintiff], who was, by order of the [name of\nCourt], substituted as a plaintiff, will apply to the Court at . . . . .*am/*pm\non . . . . . . . . at [address of Court] for an order that the above company\nbe wound up.\n2 The address for service of the substituted plaintiff is [address of\nsubstituted plaintiff's legal practitioner or of substituted plaintiff].\n","sortOrder":16},{"sectionNumber":"3","sectionType":"section","heading":"Any person intending to appear at the hearing must file a notice of","content":"3 Any person intending to appear at the hearing must file a notice of\naffidavit on which the person intends to rely, and serve a copy of the\nnotice and any affidavit on the substituted plaintiff at its address for\nservice at least 3 days before the date fixed for the hearing.\nName of substituted plaintiff or substituted plaintiff’s legal practitioner: [name]\n\nCorporations Law Rules 2000 66\nForm 11 Notice of winding up order and of appointment of\nliquidator\n(rule 5.11)\nIN THE [name of Court]\nAT [location of Court]\nIN THE MATTER OF [name of company to which the proceeding relates]\nOn [date], the [name of Court] in Proceeding No. of [year], ordered the\nwinding up of [name of company] and I was appointed as liquidator of the\nName and address of liquidator: [name and address]\n\nCorporations Law Rules 2000 67\nForm 12 Notice of appointment of provisional liquidator\n(rule 6.2)\nIN THE [name of Court]\nAT [location of Court]\nIN THE MATTER OF [name of company to which the proceeding relates]\nOn [date], in Proceeding No. of [year], heard by the [name of Court], I was\nappointed as the provisional liquidator of the above company.\nName and address of provisional liquidator: [name and address]\n\nCorporations Law Rules 2000 68\nForm 13 Notice by creditor or contributory of objection to\nrelease of liquidator\n(rule 7.6)\n[Name of creditor/contributory] of [address of creditor/contributory], a creditor\nof [name of company] for $[amount], or a contributory of [name of company]\nholding [number] shares in the company, objects to the grant of a release to\n[name of liquidator] of [address of liquidator], who is the liquidator of [name of\ncompany], on the following grounds:\n[set out the grounds upon which the objection is made]\nSignature of objector\nor objector's legal practitioner\nName of objector or objector's legal practitioner: [name].\nThe objector's address for service is [address of objector or objector's legal\npractitioner].\n\nCorporations Law Rules 2000 69\nForm 14 Affidavit in support of application for order for\npayment of call\n(rule 7.8)\nI, [name] of [address], liquidator, make oath and say:\n1 I am the liquidator of [name of company] (the company).\n2 On [date] I made a call of $[amount] per share on all the contributories\nof the company [or specify the class of contributories on whom the call\nwas made]. *Annexed/*Exhibited and marked A is a copy of the notice\nof the call. Each contributory whose name is shown in the Schedule\nmarked B was duly served with notice of the call in the form annexed or\nexhibited and marked A.\n3 Each contributory of the company whose name is set out in column 2 of\nthe Schedule marked B has not paid, or caused to be paid, to me the\nsum specified opposite the contributory's name in column 5 of the\nSchedule, which is due from that contributory under the call.\n","sortOrder":17},{"sectionNumber":"4","sectionType":"section","heading":"The amount set out opposite the name of each contributory in column 6","content":"4 The amount set out opposite the name of each contributory in column 6\nof the Schedule is an estimate of the amount due by that contributory in\nrespect of the costs of applying for and giving effect to the order for\npayment of the call. The estimate of the amounts so due by the several\ncontributories has been reached by apportioning the costs among the\ncontributories who have not paid the call according to the liability of the\nrespective contributories to contribute.\n5 The amount set out opposite the name of each contributory in column 7\nof the Schedule is the total of the amount due by that contributory in\nrespect of the call as set out in column 5 and the amount due in respect\nof costs as set out in column 6.\n\nCorporations Law Rules 2000 70\nSchedule B\nNumber on list\nof\ncontributories\nName Address Character in\nwhich\nincluded in\nthe list\nUnpaid\namount\nof call\nProportion of costs\nof application\nTotal\namount\npayable\n\nCorporations Law Rules 2000 71\nForm 15 Notice of application for leave to distribute a\nsurplus\n(rule 7.9)\nIN THE [name of Court and address]\nAPPLICATION NO:\nOn . . . . . . . . at . . . . . . . ., the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . will hear\nan application by the liquidator of [name of company] in Proceeding No. of\n[year] for leave to distribute a surplus in respect of the liquidation of the\nAny person intending to appear at the hearing must file a notice of\naffidavit on which the person intends to rely, and serve a copy of the notice\nand affidavit on the liquidator at the address shown below at least 3 days\nbefore the date fixed for the hearing.\nName of liquidator: [name].\nThe liquidator's address for service is [address].\nSignature of liquidator\n\nCorporations Law Rules 2000 72\nForm 16 Notice of intention to apply for remuneration\n(rules 9.1, 9.2, 9.3, 9.4, 9.5)\nTO: [name and address of person to whom notice is given]\nTAKE NOTICE that, not less than 21 days after this notice is served on you, I,\n[name and address], the *receiver/*administrator/*liquidator/*provisional\nliquidator/*special manager of the above company, intend to apply to the\nCourt to determine my remuneration.\nIf you object to my application, you must, within 21 days after being served\nwith this notice, serve on me a notice of objection stating the grounds of\nobjection to the remuneration claimed.\nSignature of *receiver/*administrator/*liquidator/\n*provisional liquidator/*special manager\n\nCorporations Law Rules 2000 73\nForm 16A Notice of intention to apply for review of\nremuneration\n(rules 9.2A, 9.4A)\nACN or ABN: [ACN or ABN of company to which proceeding relates]\nTO: [name and address of person to whom notice is given]\nTAKE NOTICE that, not less than 21 days after this notice is served on you, I,\n[name and address of plaintiff or applicant], *[the *administrator/*liquidator of\nthe above company,] intend to apply to the Court to review *the remuneration\nof/*my remuneration as the *administrator/*liquidator of the above company.\nThe amount of the remuneration that has been determined or fixed is [state\nthe amount]. The remuneration was determined or fixed by [state who\ndetermined or fixed the remuneration] on [state the date when the\nremuneration was determined or fixed].\nI intend to apply for an order to *confirm/*increase/*reduce the remuneration.\n[Set out the grounds upon which an order or orders will be sought. If an order\nto increase or reduce the remuneration is sought, set out the amount by which\nthe remuneration is sought to be increased or reduced.]\nIf you wish to appear at the hearing of the application, in order to raise any\nissues before the Court, you must, within 21 days after being served with this\nnotice, serve on me a notice under rule *9.2A(4)/*9.4A(4) of the Corporations\nLaw Rules 2000, stating your intention to appear at the hearing and setting\nout the issues that you seek to raise before the Court.\nSignature of plaintiff or applicant\n\nCorporations Law Rules 2000 74\nForm 17 Summons for examination\n(rule 11.3)\nA. DETAILS OF SUMMONS\nTO: [name and address of person to be examined]\nYou are summoned under *section 596A/*section 596B of the Corporations\nAct to:\n(a) attend before . . . . . . . . . . . . . . . . . . . . . . . . . . at [address of\nCourt] at . . . . . . . . *am/*pm on . . . . . . . ., and from day to day\nuntil excused by the Court, to be examined on oath about the\nexaminable affairs of [name of corporation]; and\n(b) *to produce at the examination the following books [specify\nbooks – include in a schedule if necessary].\nRegistrar/Associate Judge\nB. NOTICE TO PERSON TO BE EXAMINED\nThe Court may order that the questions put to you and the answers given by\nyou at the examination are to be recorded in writing and signed by you.\nIf you do not attend the examination in accordance with this summons, without\nreasonable cause, you may be arrested and imprisoned without further notice.\nThis summons is issued at the request of [name] whose address for service is\n[address of person's legal practitioner or of person].\n\nCorporations Law Rules 2000 75\nForm 17A Arrest warrant\n(Corporations Act s 486B and rule 11A.1)\nTO: All members and special members of the Australian Federal Police and\nto all officers of the police force of the State or Territory in which [name of\nperson] is found, and to the Sheriff of that State or Territory and all of that\nSheriff’s officers.\nWHEREAS:\n*[name of company] (the Company) is being wound up in insolvency;\n*[name of company] (the Company) is being wound up by the Court;\n*an application has been made for [name of company] (the Company) to be\nwound up;\nAND THE COURT IS SATISFIED THAT [name of person]:\n*is about to leave [*the name of the jurisdiction/*Australia] in order to avoid:\n*paying money payable to the company;\n*being examined about the company’s affairs;\n*complying with an order of the Court, or some other obligation, under\nChapter 5 of the Corporations Act in connection with the winding up;\n*has concealed or removed property of the Company in order to prevent or\ndelay the taking of the property into the liquidator’s custody or control;\n*has destroyed, concealed or removed books of the Company or is about to\ndo so;\nTHIS WARRANT THEREFORE requires and authorises you to take [name of\nperson] and to bring *him/*her before the Court at [address of court] and to\nkeep *him/*her there pending the making of a further order by the Court.\nTHIS WARRANT ALSO requires and authorises you to seize any property or\nbooks of the company in the possession of [name of person] and to deliver\nthem into the custody of the Registrar of the Court to be kept by the Registrar\nuntil the Court makes an order for their disposal.\nJudge\n\nCorporations Law Rules 2000 76\nNote for Form 17A\nSection 489A of the Corporations Act provides that if the Court issues a warrant under\nsection 486B for a person to be arrested and brought before the Court, and the person is not\nin prison, then the person named in the warrant may be arrested by an officer of the police\nforce of the State or Territory in which the person is found, or the Sheriff of that State or\nTerritory or any of the Sheriff’s officers, or a member or special member of the Australian\nFederal Police.\n\nCorporations Law Rules 2000 77\nForm 18 Summons for appearance in relation to registration\nof transfer of interests\n(rule 12.2)\nTO: [name and address]\nYou are required to appear before the . . . . . . . . . . . . . . . at [address of\nCourt] at . . . . . . *am/*pm on . . . . . . . . and show cause why the\ndocument(s) specified in the Schedule should not be *delivered up/*produced\nat the office of [name of company] at [address of company] within [period as\nordered], as required by the attached notice.\nThe address for service of the person applying for this summons is [address\nof person's legal practitioner or of person].\nRegistrar\n[description of document(s)]\n\nCorporations Law Rules 2000 78\nForm 19 Consent to act as designated person\n(rule 15A.5)\nI, [name], of [address], an official liquidator, consent to be appointed by the\nCourt and to act as the person designated by the Court under\n*article 19/*article 21 of the Model Law to *administer/*realise/*distribute the\nassets of [name of company].\nI am not aware of any conflict of interest or duty that would make it improper\nfor me to act as the person designated by the Court.\nThe hourly rates currently charged in respect of work done as the person\ndesignated by the Court by me, and by my partners and employees who may\nperform work in this *administration/*realisation/*distribution, are set out below\nor in the Schedule which is attached to this Consent.\nI acknowledge that my appointment by the Court does not constitute an\nexpress or implied approval by the Court of these hourly rates.\nSignature of official liquidator\n[description of hourly rate(s)]\n\nCorporations Law Rules 2000 79\nForm 20 Notice of filing of application for recognition of\nforeign proceeding\n(rule 15A.6)\n1. An application under the Cross-Border Insolvency Act 2008 (Cth) for\nrecognition of a foreign proceeding in relation to [name of company]\nwas commenced by the plaintiff, [name of plaintiff], on [date of filing of\noriginating process] and will be heard by . . . . . . . . . . . . . . . . . . . . . . . .\nat [address of Court] at . . . . . . . . *am/*pm on . . . . . . . . Copies of\ndocuments filed may be obtained from the plaintiff’s address for\n2. The plaintiff’s address for service is [name and address of plaintiff’s\nlegal practitioner or, if there is no legal practitioner, address of the\n3. Any person intending to appear at the hearing must file a notice of\naffidavit on which the person intends to rely, and serve a copy of the\nnotice and any affidavit on the plaintiff at the plaintiff’s address for\nservice at least 3 days before the date fixed for the hearing.\n4. If you are a foreign creditor you must file in the registry of the Court at\nthe address mentioned in paragraph 1 an affidavit setting out the\ndetails of any claim, secured or unsecured, that you may have against\nthe company above at least 3 days before the date fixed for the\nhearing.\nName of plaintiff or plaintiff’s legal practitioner: [name]\n\nCorporations Law Rules 2000 80\nForm 21 Notice of making of order under the Cross-Border\nInsolvency Act 2008 (Cth)\n(rule 15A.7)\n1. On [date], the [name of Court] in Proceeding No. of [year],\ncommenced by the plaintiff [name of plaintiff], made the following\norders under the Cross-Border Insolvency Act 2008 (Cth) in relation to\n[name of company]: [insert details of order].\n2. The plaintiff’s address for service is [name and address of plaintiff’s\nlegal practitioner or, if there is no legal practitioner, address of the\n3. The name and address of the foreign representative is [insert name\nand address].\n*4. The name and address of the person entrusted with distribution of the\ncompany’s assets is [insert name and address].\nName of plaintiff or plaintiff’s legal practitioner: [name]\n\nCorporations Law Rules 2000 81\nForm 22 Notice of dismissal or withdrawal of application for\nrecognition of foreign proceeding\n(rule 15A.7)\nTAKE NOTICE that the application under the Cross-Border Insolvency\nAct 2008 (Cth) for recognition of a foreign proceeding in relation to [name of\ncompany] commenced by the plaintiff, [name of plaintiff], on [date of filing of\noriginating process] was *dismissed/*withdrawn on [date of\ndismissal/withdrawal].\nName of person giving notice or of person’s legal practitioner: [name]\n\nCorporations Law Rules 2000 82\nForm 23 Notice of filing of application to modify or\nterminate an order for recognition or other relief\n(rule 15A.9)\n*1. An application under the Cross-Border Insolvency Act 2008 (Cth) for an\norder *modifying/*terminating an order for recognition of a foreign\nproceeding in relation to [name of company] was filed by the applicant,\n[name of applicant], on [date of filing of interlocutory process] and will\nbe heard by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nat [address of Court] at . . . . . . . . *am/*pm on . . . . . . . . Copies of\ndocuments filed may be obtained from the applicant’s address for\n*1. An application under the Cross-Border Insolvency Act 2008 (Cth) for an\norder *modifying/*terminating relief granted under *article 19/*article 21\nof the Model Law in relation to [name of company] was filed by the\napplicant, [name of applicant], on [date of filing of interlocutory process]\nand will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n. . . . . . . . . . . . . at [address of Court] at . . . . . . . . *am/*pm on . . . . . . .\nCopies of documents filed may be obtained from the applicant’s\naddress for service.\n2. The applicant’s address for service is [name and address of applicant’s\nlegal practitioner or of applicant].\n3. Any person intending to appear at the hearing must file a notice of\nappearance (if the person has not already done so), in accordance with\nthe prescribed form, together with any affidavit on which the person\nintends to rely, and serve a copy of the notice (if applicable) and any\naffidavit on the applicant at the applicant’s address for service at least\n3 days before the date fixed for the hearing.\nName of applicant or applicant’s legal practitioner: [name]\n\nCorporations Law Rules 2000 83\n(rules 2.2, 2.4 and 5.4)\nNote 1 – see rule 2.2 (Form 2 Part C)\nC. APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY\n1. The plaintiff relies on failure by the defendant to comply with a statutory demand. A\ncopy of the demand, marked A, is attached to this originating process.\n2. The demand was [or The demand and an accompanying affidavit were] served by\nX.Y. who delivered it [or them] to the registered office of the defendant at [insert\naddress] on [insert date] [or, if service was by post, who posted *it/*them by ordinary\nprepaid post to the registered office of the defendant at [insert address] on [insert\ndate]]. [If applicable, A copy of the accompanying affidavit, marked B, is attached to\nthis originating process.]\n3. The defendant failed to pay the amount of the debt demanded [or the total of the\ndebts demanded] or to secure or compound for that *amount/*total to the plaintiff’s\nreasonable satisfaction within 21 days after the demand was served on the defendant\n[or within 7 days after [insert date] when an application by the defendant under\nsection 459G of the Corporations Act was finally determined or otherwise disposed of]\n[or if the period for compliance with the demand was extended by order within the\nperiod specified in the order of the [insert name of Court] on [insert date of order or, if\nmore than one order, the date of the last such order] as the period for compliance\nwith the demand. A copy of the order, marked C, is attached to this originating\nprocess.]\n[If the demand was varied by order under subsection 459H (4) of the\nCorporations Act]\n4. The demand was varied by order of the [insert name of Court] on [insert date of\norder]. A copy of the order, marked D [or as the case may be], is attached to this\noriginating process.\nNote 2 – see rule 2.4 and subrule 5.4(2) (Affidavit in support)\n*AFFIDAVIT IN SUPPORT/*AFFIDAVIT IN SUPPORT OF APPLICATION FOR WINDING\nUP IN INSOLVENCY\nI, [name] of [address and occupation], make oath and say:\n1. I am the above-named plaintiff [or if the applicant is a corporation, I am *a/*the\ndirector of the above-named plaintiff which is registered or taken to be registered in\n[specify State or Territory]. I am duly authorised to make this affidavit on its behalf].\nNow produced and shown to me and marked A is a copy of the originating process to\nbe filed in the proceeding.\n2. Annexed to this affidavit is a current and historical extract of the records maintained\nby the Australian Securities and Investments Commission with respect to the\ndefendant.\n\nCorporations Law Rules 2000 84\n3. [Where the defendant is registered or taken to be registered in a State or Territory\nother than that of this Registry, state any facts – apart from the defendant's principal\nplace of business – which bear upon jurisdiction being exercised in the State or\nTerritory of this Registry, rather than in another State or Territory.]\n4. The following facts are within my own personal knowledge save as otherwise stated.\n5. The defendant was on [state date of statutory demand or other relevant date]\nindebted to the plaintiff in the sum of $ [amount] for [state concisely the consideration,\nfor example, goods sold and delivered etc.] which sum was then due and payable.\n6. The demand, a copy of which is attached to the originating process, was signed by or\non behalf of the plaintiff. I served the demand [or the demand and the accompanying\naffidavit] as referred to in the originating process [or X.Y. has been instructed to make\nan affidavit of service of the demand [or the demand and the accompanying\naffidavit]].\n7. The matters stated in the originating process concerning the demand and failure of\nthe defendant to comply with it are true and correct.\n8. The sum demanded remains due and payable by the defendant to me [or the\n\nCorporations Law Rules 2000 85\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCorporations Law Rules (SL No. 40, 2000)\nNotified 12 July 2000\nCommenced 1 September 2000 (Gaz G34, 30 August 2000, p 3)\nAmendments of Corporations Law Rules (SL No. 35, 2001)\nNotified 29 June 2001\nCommenced 30 June 2001 (r 2)\nAmendments of Corporations Law Rules (SL No. 60, 2003)\nNotified 11 February 2004\nCommenced 11 February 2004\nAmendments of Corporations Law Rules (SL No. 30, 2004)\nNotified 11 August 2004\nCommenced 11 August 2004\nCorporations Law Amendment Rules 2005 (SL No. 34, 2005)\nNotified 12 October 2005\nCommenced 12 October 2005\nCorporations Law Amendment Rules 2007 (SL No. 29, 2007)\nNotified 29 August 2007\nCommenced 29 August 2007\nCorporations Law Amendment Rules 2008 (SL No. 36, 2008)\nNotified 17 December 2008\nCommenced 17 December 2008\nCorporations Law Amendment (Cross-Border Insolvency) Rules 2009 (SL No. 13, 2009)\nNotified 10 June 2009\nCommenced 10 June 2009\n\nCorporations Law Rules 2000 86\nCorporations Law Amendment Rules 2009 (SL No. 39, 2009)\nNotified 16 December 2009\nCommenced 16 December 2009\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nCorporations Law Amendment Rules 2012 (SL No. 40, 2012)\nNotified 28 November 2012\nCommenced 28 November 2012\nCorporations Law Amendment Rules 2013 (SL No. 32, 2013)\nNotified 21 August 2013\nCommenced 21 August 2013\nCorporations Law Amendment Rules 2017 (SL No. 8, 2017)\nNotified 26 April 2017\nCommenced 26 April 2017\nCorporations Law Amendment (Associate Judges) Rules 2017 (SL No. 31, 2017)\nNotified 21 November 2017\nCommenced 22 November 2017 (r 2, s 2 Supreme Court Amendment\n(Associate Judges) Act 2017 (Act No. 18, 2017) and Gaz S84,\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"November 2017, p 1)","content":"21 November 2017, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1.1, 1.3, 1.10, 2.6, 12.1A,\n15.1, 15A.1 16.1, 16.3 and 17 and sch 1.\n4 LIST OF AMENDMENTS\nr 1.3 amd No. 35, 2001, r 20; No. 60, 2003, rr 2 and 23; No. 13, 2009, r 3\nr 1.4 amd No. 60, 2003, r 23; No. 29, 2007, r 3; No. 36, 2008, r 3\nr 1.5 amd No. 35, 2001, r 20; No. 60, 2003, rr 3 and 23; No. 13, 2009, r 4\nr 1.6 amd No. 60, 2003, r 4\nr 1.7 amd by No. 60, 2003, r 5\nr 1.8 amd No. 35, 2001, r 20; No. 60, 2003, r 23\nr 1.10 amd No. 35, 2001, r 20; No. 60, 2003, r 23\nr 2.2 amd No. 35, 2001, r 20; No. 60, 2003, rr 6 and 23; No. 34, 2005, r 3; No. 29,\n2007, r 4\nr 2.4 amd No. 35, 2001, r 3; No. 60, 2003, r 7; No. 36, 2008, r 11\nr 2.4A ins No. 35, 2001, r 4\namd No. 60, 2003, r 23; No. 36, 2008, r 11\nr 2.6 amd No. 8, 2017, r 3\nr 2.7 amd No. 29, 2007, r 5\nr 2.8 amd No. 35, 2001, r 5; No. 60, 2003, r 23; No. 36, 2008, r 11\nr 2.9 amd No. 60, 2003, r 23\nr 2.10 amd No. 36, 2008, r 11\nr 2.11 amd No. 60, 2003, r 23; No. 32, 2013, r 3\n\nCorporations Law Rules 2000 87\nr 2.13 amd No. 35, 2001, r 6\nr 2.15 amd No. 60, 2003, r 23; No. 36, 2008, r 11\nr 3.2 amd No. 60, 2003, r 23\nr 3.3 amd No. 35, 2001, r 7; No. 60, 2003, r 23\nr 3.4 amd No. 60, 2003, r 23\nr 3.5 amd No. 60, 2003, r 23; No. 36, 2008, r 11\ndiv 4 hdg amd No. 60, 2003, r 8\nr 4.1 amd No. 60, 2003, r 23\nr 5.1 amd No. 35, 2001, r 8; No. 60, 2003, r 23\nr 5.2 amd No. 60, 2003, r 23\nr 5.4 amd No. 60, 2003, rr 9 and 23\nr 5.5 amd No. 60, 2003, r 23\nr 5.6 rep No. 32, 2013, r 4\nr 5.9 amd No. 60, 2003, r 23\nr 5.10 amd No. 60, 2003, r 23; No. 30, 2004, r 2\ndiv 6 hdg amd No. 60, 2003, r 10\nr 6.1 amd No. 35, 2001, r 9; No. 60, 2003, r 23; No. 34, 2005, r 4\nr 6.2 amd No. 36, 2008, r 11\nrr 7.1 – 7.2 amd No. 36, 2008, r 11\nr 7.3 amd No. 60, 2003, r 23\nr 7.5 amd No. 60, 2003, r 23; No. 36, 2008, r 11\nr 7.7 amd No. 60, 2003, r 23; No. 36, 2008, r 11\nr 7.8 amd No. 60, 2003, r 23\nr 7.10 amd No. 60, 2003, r 23\nr 7.11 amd No. 60, 2003, r 23; No. 36, 2008, r 11\ndiv 8 hdg amd No. 60, 2003, r 11\nr 9.1 amd No. 35, 2001, r 10; No. 60, 2003, r 23; No. 36, 2008, r 4\nr 9.2 amd No. 35, 2001, r 11; No. 60, 2003, r 23\nsub No. 36, 2008, r 5\nr 9.2A ins No. 36, 2008, r 5\nr 9.3 amd No. 35, 2001, r 12; No. 60, 2003, r 23; No. 36, 2008, r 6\nr 9.4 amd No. 35, 2001, r 13; No. 60, 2003, r 23; No. 36, 2008, r 7\nr 9.4A ins No. 36, 2008, r 8\nr 9.5 amd No. 35, 2001, r 14; No. 60, 2003, r 23; No. 36, 2008, r 11\nrr 10.1 – 10.2 amd No. 60, 2003, r 23\ndiv 11 hdg amd No. 60, 2003, r 12\nr 11.1 amd No. 60, 2003, r 23\nr 11.2 amd No. 35, 2001, r 15; No. 60, 2003, r 23; No. 36, 2008, r 11\nr 11.3 amd No. 35, 2001, r 16; No. 60, 2003, r 23; No. 36, 2008, r 11\nr 11.5 amd No. 36, 2008, r 11\nrr 11.6 – 11.7 amd No. 60, 2003, r 23\nr 11.8 amd No. 36, 2008, r 11\nr 11.9 amd No. 60, 2003, r 23\nr 11.10 amd Act No. 40, 2010, s 120\nr 11.11 amd No. 60, 2003, r 23; No. 36, 2008, r 11\ndiv 11A hdg ins No. 36, 2008, r 9\nr 11A.1 ins No. 36, 2008, r 9\ndiv 12 hdg sub No. 35, 2001, r 17\namd No. 60, 2003, r 13\nr 12.1 sub No. 35, 2001, r 18\namd No. 60, 2003, r 23; No. 36, 2008, r 11\nr 12.1A ins No. 60, 2003, r 14\nr 12.1B ins No. 29, 2007, r 6\nr 12.2 amd No. 60, 2003, r 15\nr 12.3 amd No. 60, 2003, r 16\ndiv 13 hdg rep No. 60, 2003, r 17\nrr 13.1 – 13.2 rep No. 60, 2003, r 17\ndiv 14 hdg amd No. 60, 2003, r 18\n\nCorporations Law Rules 2000 88\nr 14.1 amd No. 60, 2003, r 23\ndiv 15 hdg amd No. 35, 2001, r 20; No. 60, 2003, r 19\nr 15.1 amd No. 35, 2001, r 20; No. 60, 2003, r 23; No. 36, 2008, r 11\nr 15.2 amd No. 35, 2001, r 20\nrep No. 60, 2003, r 20\nr 15.3 amd No. 35, 2001, r 20; No. 60, 2003, r 23\ndiv 15A hdg ins No. 13, 2009, r 5\nrr 15A.1 –\n15A.4 ins No. 13, 2009, r 5\nr 15A.5 ins No. 13, 2009, r 5; sub No 39, 2009, r 3\nrr 15A.6 –\n15A.9 ins No. 13, 2009, r 5\ndiv 16 hdg amd No. 31, 2017, r 4\nr 16.1 amd No. 60, 2003, r 23; No. 31, 2017, r 5\nr 16.2 amd No. 31, 2017, r 6\nr 16.3 amd No. 36, 2008, r 11; No. 31, 2017, r 7\nsch 1 amd No. 35, 2001, r 18; No. 60, 2003, r 21; No. 30, 2004, r 3; No. 29, 2007,\nr 7; No. 36, 2008, r 10; No. 13, 2009, r 6; Act No. 40, 2010, s 121; No. 40,\n2012, r 3; No. 32, 2013, r 5; No. 31, 2017, r 8\nsch 2 ins No. 60, 2003, r 22\namd No. 30, 2004, r 4; Act No. 40, 2010, s 122","sortOrder":19}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the document contains only metadata and no substantive legislative content to analyse. The score of 'false' reflects absence of evidence rather than a confirmed finding."},"complexity_factors":["Insufficient substantive content provided — only administrative metadata is present","Cannot assess actual rule complexity without the rule text","Discrepancy between '2000' title year and 2017 commencement suggests possible reprint or amendment history that adds minor interpretive complexity","Corporations law as a domain is inherently complex, but that cannot be assessed from this document alone"],"plain_english_summary":"The Corporations Law Rules 2000 are a set of subordinate procedural rules, administered by the Attorney‑General’s Department and currently in force (noted as reprinted 22 November 2017). They are intended to govern procedural and administrative aspects of corporations law matters and thus affect businesses, directors, insolvency practitioners, lawyers and courts. The provided document lacks substantive rule text, so specific requirements, deadlines or processes cannot be confirmed from this metadata alone."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"These Rules remain procedural: they prescribe court practice for Corporations/ASIC/Cross‑Border Insolvency matters rather than changing substantive law. Rule 1.3 and Division 15A show the Rules’ application to proceedings under those Acts and the Model Law. The endnotes record amendments and technical updates, but the instrument retains its original scope of governing filing, service, notice, affidavit and hearing procedures rather than expanding judicial jurisdiction."},"complexity_factors":["Extensive cross‑references to the Corporations Act, ASIC Act, Cross‑Border Insolvency Act and Supreme Court Rules (see r 1.3, r 1.4)","Large number of procedural headings and bespoke forms for different remedies and office‑holders (Schedules and Divs 2–15A)","Numerous strict time limits for filing, service and notice (eg r 2.7, r 9.1, r 11.4)","Multiple case‑type specific rules (winding up, provisional liquidators, remuneration, examinations, takeovers, cross‑border recognition)","Court discretion and directions interact with mandatory steps, creating conditional processes (r 1.8, r 16.1)","Detailed affidavit and disclosure requirements and limits on inspection of reports/transcripts (eg rr 2.4, 7.7, 11.8)","Procedures for third‑party involvement (ASIC interventions, notices to creditors, publication) increase administrative burden (rr 2.8, 2.11, 15A.6)","Amendment history and operation savings for proceedings commenced before/after commencement add interpretive complexity (r 1.3; Endnotes)"],"plain_english_summary":"These Rules set the court procedure for all proceedings in the Northern Territory under the Corporations Act, the ASIC Act and the Cross‑Border Insolvency Act: how to start cases, what forms and affidavits are required, service and publication timing, and hearing and notice processes (see rules 1.3, 2.2, 2.7). \n\nThey affect plaintiffs, defendants, ASIC, office‑holders (liquidators, receivers, administrators) and creditors by allocating who must serve or publish documents, fixing strict timeframes and exposing parties to costs and court directions (see rules 2.8, 5.11, 7.5, 1.8)."},"issue_detection":{"absurdities":[],"contradictions":[{"severity":"medium","section_a":"Schedule 1, Form 16","section_b":"rule 9.1(3)","confidence":0.97,"description":"For a receiver’s remuneration application, Form 16 says an objector must give notice within 21 days after that person is served. Rule 9.1(3) permits an eligible person to give notice within 21 days after the last service of the documents. If that person was served before someone else, the form states an earlier deadline than the rule allows.","source_quotes":["If you object to my application, you must, within 21 days after being served\nwith this notice, serve on me a notice of objection stating the grounds of\nobjection to the remuneration claimed.","Within 21 days after the last service of the documents mentioned in\nsubrule (2), any creditor or contributory, or any person mentioned in\nparagraph (2) (c), (d) or (e), may give to the receiver a notice of\nobjection to the remuneration claimed, stating the grounds of\nobjection."]},{"severity":"medium","section_a":"Schedule 1, Form 16","section_b":"rule 9.3(4)","confidence":0.97,"description":"For a provisional liquidator’s remuneration application, Form 16 requires an objector’s notice within 21 days after service on that person; rule 9.3(4) permits notice within 21 days after the last service of the documents. Earlier-served eligible objectors are given conflicting deadlines.","source_quotes":["If you object to my application, you must, within 21 days after being served\nwith this notice, serve on me a notice of objection stating the grounds of\nobjection to the remuneration claimed.","Within 21 days after the last service of the documents mentioned in\nsubrule (3), the liquidator, or any creditor or contributory, may give\nto the provisional liquidator a notice of objection to the remuneration\nclaimed, stating the grounds of objection."]},{"severity":"medium","section_a":"Schedule 1, Form 16","section_b":"rule 9.4(4)","confidence":0.97,"description":"For a liquidator’s remuneration application, Form 16 states a 21-day objection deadline running from service on the objector, while rule 9.4(4) permits objection within 21 days after the last service of the documents. The periods differ if the objector was served before the last recipient.","source_quotes":["If you object to my application, you must, within 21 days after being served\nwith this notice, serve on me a notice of objection stating the grounds of\nobjection to the remuneration claimed.","Within 21 days after the last service of the documents mentioned in\nsubrule (3), any creditor or contributory may give to the liquidator a\nnotice of objection to the remuneration claimed, stating the grounds\nof objection."]},{"severity":"medium","section_a":"Schedule 1, Form 16","section_b":"rule 9.5(4)","confidence":0.97,"description":"For a special manager’s remuneration application, Form 16 states that an objector must give notice within 21 days after being served; rule 9.5(4) permits an eligible objector to give notice within 21 days after the last service of the documents. The form cuts short the rule’s period for someone served earlier.","source_quotes":["If you object to my application, you must, within 21 days after being served\nwith this notice, serve on me a notice of objection stating the grounds of\nobjection to the remuneration claimed.","Within 21 days after the last service of the documents mentioned in\nsubrule (3), the liquidator, or any creditor or contributory, may give\nto the special manager a notice of objection to the remuneration\nclaimed, stating the grounds of objection."]}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2228},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2000 scope. The most substantial addition is **Division 15A**, inserted in 2009 to implement the *Cross-Border Insolvency Act 2008*, introducing procedures for recognizing foreign insolvency proceedings and coordinating with overseas courts. Additionally, amendments in 2017 altered the jurisdiction to include Associate Judges (formerly Masters), changing the judicial hierarchy for hearing these matters. The original rules focused primarily on domestic winding-up and receivership; the current version encompasses complex international insolvency cooperation and modern remuneration review mechanisms."},"complexity_factors":["Heavy cross-referencing to three separate Commonwealth Acts (*Corporations Act 2001*, *ASIC Act 2001*, and *Cross-Border Insolvency Act 2008*) plus the *Supreme Court Rules 1987* (NT), requiring users to navigate multiple statutory instruments simultaneously.","23 distinct prescribed forms (Forms 1–23) with conditional fields and specific completion notes, where 'substantial compliance' is permitted but errors can delay proceedings.","Nested conditional logic throughout, with frequent qualifiers like 'Unless the Court otherwise orders', 'If the Court is satisfied', and 'Subject to the Corporations Act', creating multiple procedural branches.","Detailed temporal calculations (Rule 1.9) excluding Christmas/New Year periods and non-business days, with specific abridgment/extension mechanisms.","Parallel but distinct procedural tracks for different office-holders (receivers, administrators, liquidators, provisional liquidators, special managers), each with unique notice requirements and affidavit contents (Division 9).","Integration of international legal instruments, specifically the UNCITRAL Model Law on Cross-Border Insolvency (Division 15A), requiring interpretation of foreign concepts like 'foreign main proceeding' and 'establishment'."],"plain_english_summary":"This is the **Northern Territory Supreme Court's rulebook** for handling corporate legal disputes and insolvencies. It acts as a practical 'how-to' guide for anyone taking a company to court—or defending one—under Commonwealth laws like the *Corporations Act 2001*.\n\n**What it covers:**\n*   **Winding up companies:** The forms and steps to apply to liquidate (shut down) a company, including how to serve a statutory demand (a formal request for payment) and what affidavits (sworn statements) are required.\n*   **Insolvency practitioners:** How liquidators, administrators, receivers, and provisional liquidators are appointed, how they can be removed, and how they apply to the Court to get paid (remuneration).\n*   **Investigating company affairs:** Procedures for examining company officers or others under oath about a company's financial history (examinations under Part 5.9).\n*   **Cross-border insolvency:** Special rules added later for dealing with company collapses that involve overseas assets or courts (recognizing foreign insolvency proceedings).\n*   **Court forms:** Mandatory templates for everything from initiating a lawsuit (Originating Process—Form 2) to applying to arrest someone hiding company assets (Arrest Warrant—Form 17A).\n\n**Who it affects:** Directors, shareholders, creditors owed money by companies, insolvency practitioners (liquidators/administrators), corporate regulators (ASIC), and anyone involved in corporate takeovers or securities disputes in the NT.\n\n**Why it matters:** If you are trying to prove a company is insolvent (can’t pay its debts), recover money from a collapsed business, or dispute how a liquidator is running a company, these rules dictate the exact paperwork, time limits, and notices you must follow for the Court to hear your case."}},"importantCases":[],"_links":{"self":"/api/acts/corporations-law-rules-2000","history":"/api/acts/corporations-law-rules-2000/history","analysis":"/api/acts/corporations-law-rules-2000/analysis","conflicts":"/api/acts/corporations-law-rules-2000/conflicts","importantCases":"/api/acts/corporations-law-rules-2000/important-cases","documents":"/api/acts/corporations-law-rules-2000/documents"}}