{"id":"nsw:sl-1999-0703","name":"Supreme Court (Corporations) Rules 1999","slug":"supreme-court-corporations-rules-1999","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"703 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179109,"registerId":"nsw-nsw:sl-1999-0703-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Rules","content":"#### 1 Name of Rules\n\n1.1 Name of Rules\n\n> These Rules may be cited as the [Supreme Court (Corporations) Rules 1999](/view/html/inforce/current/sl-1999-0703).\n> \n> **rule 1.1:** Am 19.12.2003.","sortOrder":1},{"sectionNumber":"Division 2","sectionType":"division","heading":"Proceedings generally","content":"## Division 2 Proceedings generally\n\nDivision 2 Proceedings generally","sortOrder":11},{"sectionNumber":"2","sectionType":"section","heading":"Title of documents in a proceeding—Form 1","content":"#### 2 Title of documents in a proceeding—Form 1\n\n2.1 Title of documents in a proceeding—Form 1\n\n> The title of a document filed in a proceeding must be in accordance with Form 1.","sortOrder":12},{"sectionNumber":"Division 3","sectionType":"division","heading":"Compromises and arrangements in relation to Part 5.1 bodies","content":"## Division 3 Compromises and arrangements in relation to Part 5.1 bodies\n\nDivision 3 Compromises and arrangements in relation to Part 5.1 bodies","sortOrder":29},{"sectionNumber":"3","sectionType":"section","heading":"Application of Division 3","content":"#### 3 Application of Division 3\n\n3.1 Application of Division 3\n\n> This Division applies if an application is made to the Court for approval of a compromise or arrangement between a Part 5.1 body and its creditors or members, or any class of its creditors or members.","sortOrder":30},{"sectionNumber":"Division 4","sectionType":"division","heading":"Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration","content":"## Division 4 Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration\n\nDivision 4 Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration","sortOrder":35},{"sectionNumber":"4","sectionType":"section","heading":"Inquiry into conduct of controller (Corporations Act s 423)","content":"#### 4 Inquiry into conduct of controller (Corporations Act s 423)\n\n4.1 Inquiry into conduct of controller (Corporations Act s 423)\n\n> **rule 4.1, hdg:** Am 19.12.2003.\n> \n> A complaint to the Court under paragraph 423 (1) (b) of the Corporations Act about an act or omission of a receiver, or a controller appointed by the Court, must be made by an originating process seeking an inquiry in relation to the complaint. The complaint may be made by a person mentioned in any of paragraphs 11.2 (1) (a) to (d).\n> \n> **rule 4.1:** Am 19.12.2003; 2019 (161), Sch 1 \\[8\\].","sortOrder":36},{"sectionNumber":"Division 5","sectionType":"division","heading":"Winding up proceedings (including oppression proceedings where winding up is sought)","content":"## Division 5 Winding up proceedings (including oppression proceedings where winding up is sought)\n\nDivision 5 Winding up proceedings (including oppression proceedings where winding up is sought)","sortOrder":38},{"sectionNumber":"5","sectionType":"section","heading":"Application of Division 5","content":"#### 5 Application of Division 5\n\n5.1 Application of Division 5\n\n> This Division applies to the following applications for the winding up of a company:\n> \n> > (a) an application for an order under Part 2F.1 of the Corporations Act,\n> \n> > (b) an application under Part 5.4 or Part 5.4A of the Corporations Act.\n> \n> **rule 5.1:** Am 22.12.2000; 19.12.2003.","sortOrder":39},{"sectionNumber":"Division 6","sectionType":"division","heading":"Provisional liquidators (Corporations Act Part 5.4B)","content":"## Division 6 Provisional liquidators (Corporations Act Part 5.4B)\n\nDivision 6 Provisional liquidators (Corporations Act Part 5.4B)\n\nNote—\n\nSee also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act).","sortOrder":50},{"sectionNumber":"6","sectionType":"section","heading":"Appointment of provisional liquidator (Corporations Act s 472)—Form 8","content":"#### 6 Appointment of provisional liquidator (Corporations Act s 472)—Form 8\n\n6.1 Appointment of provisional liquidator (Corporations Act s 472)—Form 8\n\n> **rule 6.1, hdg:** Am 19.12.2003.\n> \n> > (1) An application for a registered liquidator to be appointed, under subsection 472 (2) of the Corporations Act, as a provisional liquidator of a company must be accompanied by the written consent of the registered liquidator.\n> \n> > (2) The consent must be in accordance with Form 8.\n> \n> > (3) If:\n> > \n> > > (a) an order is made appointing a provisional liquidator, and\n> > \n> > > (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company,\n> > \n> > the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody.\n> \n> > (4) The Court may require the plaintiff to give an undertaking as to damages.\n> \n> **rule 6.1:** Am 22.12.2000; 19.12.2003; 2005 (286), Sch 1 \\[2\\]; 2019 (161), Sch 1 \\[10\\] \\[15\\].","sortOrder":51},{"sectionNumber":"Division 7","sectionType":"division","heading":"Liquidators","content":"## Division 7 Liquidators\n\nDivision 7 Liquidators","sortOrder":53},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7.1 (Repealed)","sortOrder":54},{"sectionNumber":"Division 8","sectionType":"division","heading":"Special managers (Corporations Act Part 5.4B)","content":"## Division 8 Special managers (Corporations Act Part 5.4B)\n\nDivision 8 Special managers (Corporations Act Part 5.4B)","sortOrder":66},{"sectionNumber":"8","sectionType":"section","heading":"Application for appointment of special manager (Corporations Act s 484)","content":"#### 8 Application for appointment of special manager (Corporations Act s 484)\n\n8.1 Application for appointment of special manager (Corporations Act s 484)\n\n> > (1) An application by a liquidator for the appointment of a special manager in relation to a company must state the powers which, in the liquidator’s opinion, should be entrusted by the Court to the special manager.\n> \n> > (2) The supporting affidavit must state:\n> > \n> > > (a) the circumstances making it proper that a special manager be appointed, and\n> > \n> > > (b) details of the remuneration proposed to be paid to the special manager, and\n> > \n> > > (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager.\n> \n> **rules 8.1–8.3, 9.1, hdgs:** Am 19.12.2003.","sortOrder":67},{"sectionNumber":"Division 9","sectionType":"division","heading":"Remuneration of office-holders","content":"## Division 9 Remuneration of office-holders\n\nDivision 9 Remuneration of office-holders","sortOrder":70},{"sectionNumber":"9","sectionType":"section","heading":"Remuneration of receiver (Corporations Act s 425 (1))—Form 16","content":"#### 9 Remuneration of receiver (Corporations Act s 425 (1))—Form 16\n\n9.1 Remuneration of receiver (Corporations Act s 425 (1))—Form 16\n\n> > (1) This rule applies to an application by a receiver of property of a corporation for an order under subsection 425 (1) of the Corporations Act fixing the receiver’s remuneration.\n> > \n> > Note 1—\n> > \n> > Under paragraph 425 (2) (b) of the Corporations Act, the Court may exercise its power to make an order fixing the remuneration of a receiver appointed under an instrument even if the receiver has died, or has ceased to act, before the making of the order or the application for the order.\n> > \n> > Note 2—\n> > \n> > The amendment to section 425 of the Corporations Act made by the [Corporations Amendment (Insolvency) Act 2007](http://www.legislation.gov.au/)of the Commonwealth applies in relation to a receiver appointed on or after 31 December 2007—see Corporations Act s 1480 (5).\n> \n> > (2) At least 21 days before filing an originating process, or interlocutory process, seeking the order, the receiver must serve a notice in accordance with Form 16 of the receiver’s intention to apply for the order, and a copy of any affidavit on which the receiver intends to rely, on the following persons:\n> > \n> > > (a) the person who appointed the receiver,\n> > \n> > > (b) any creditor holding security over all or any of the same property of the corporation (except if the creditor is the person who appointed the receiver),\n> > \n> > > (c) any administrator, liquidator or provisional liquidator of the corporation,\n> > \n> > > (d) any administrator of a deed of company arrangement executed by the corporation,\n> > \n> > > (e) if there is no person of the kind mentioned in paragraph (c) or (d):\n> > > \n> > > > (i) each of the 5 largest (measured by amount of debt) unsecured creditors of the corporation, and\n> > > \n> > > > (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation.\n> \n> > (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory, or any person mentioned in paragraph (2) (c), (d) or (e), may give to the receiver a notice of objection to the remuneration claimed, stating the grounds of objection.\n> \n> > (4) If the receiver does not receive a notice of objection within the period mentioned in subrule (3):\n> > \n> > > (a) the receiver may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the order stating:\n> > > \n> > > > (i) the date, or dates, when the notice and affidavit required to be served under subrule (2) were served, and\n> > > \n> > > > (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3), and\n> > \n> > > (b) the receiver may endorse the originating process, or interlocutory process, with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the receiver, and\n> > \n> > > (c) the application may be so dealt with.\n> \n> > (5) If the receiver receives a notice of objection within the period mentioned in subrule (3), the receiver must serve a copy of the originating process, or interlocutory process, seeking the order on each creditor or contributory, or other person, who has given a notice of objection.\n> \n> > (6) An affidavit in support of the originating process, or interlocutory process, seeking the order must:\n> > \n> > > (a) include evidence of the matters mentioned in subsection 425 (8) of the Corporations Act, and\n> > \n> > > (b) state the nature of the work performed or likely to be performed by the receiver, and\n> > \n> > > (c) state the amount of remuneration claimed, and\n> > \n> > > (d) include a summary of the receipts taken and payments made by the receiver, and\n> > \n> > > (e) state particulars of any objection of which the receiver has received notice, and\n> > \n> > > (f) if the receivership is continuing—give details of any matters delaying the completion of the receivership.\n> \n> **rule 9.1:** Am 22.12.2000; 19.12.2003; 2008 (136), Sch 1 \\[7\\] \\[8\\].","sortOrder":71},{"sectionNumber":"Division 10","sectionType":"division","heading":"Winding up generally","content":"## Division 10 Winding up generally\n\nDivision 10 Winding up generally","sortOrder":78},{"sectionNumber":"10","sectionType":"section","heading":"Determination of value of debts or claims (Corporations Act s 554A (2))","content":"#### 10 Determination of value of debts or claims (Corporations Act s 554A (2))\n\n10.1 Determination of value of debts or claims (Corporations Act s 554A (2))\n\n> **rule 10.1, hdg:** Am 19.12.2003.\n> \n> A reference to the Court by a liquidator of a company under paragraph 554A (2) (b) of the Corporations Act must be made:\n> \n> > (a) in the case of a winding up by the Court—by filing an interlocutory process seeking an order estimating, or determining a method for working out, the value of the debt or claim, and\n> \n> > (b) in the case of a voluntary winding up—by filing an originating process seeking an order estimating, or determining a method for working out, the value of the debt or claim.\n> \n> **rule 10.1:** Am 19.12.2003.","sortOrder":79},{"sectionNumber":"Division 11","sectionType":"division","heading":"Inquiries, examinations, investigations, and orders against person concerned with corporation","content":"## Division 11 Inquiries, examinations, investigations, and orders against person concerned with corporation\n\nDivision 11 Inquiries, examinations, investigations, and orders against person concerned with corporation","sortOrder":82},{"sectionNumber":"11","sectionType":"section","heading":"Definition for Division 11","content":"#### 11 Definition for Division 11\n\n11.1 Definition for Division 11\n\n> In this Division:\n> \n> examination summons means a summons under section 596A or 596B of the Corporations Act for the examination of a person about a corporation’s examinable affairs.\n> \n> **rule 11.1:** Am 19.12.2003.","sortOrder":83},{"sectionNumber":"Division 11A","sectionType":"division","heading":"Warrants (Corporations Act s 486B and Part 5.4B, Division 3, Subdivision B)","content":"## Division 11A Warrants (Corporations Act s 486B and Part 5.4B, Division 3, Subdivision B)\n\nDivision 11A Warrants (Corporations Act s 486B and Part 5.4B, Division 3, Subdivision B)","sortOrder":94},{"sectionNumber":"11A","sectionType":"section","heading":"Arrest of person (Corporations Act s 486B)—Form 17A","content":"#### 11A Arrest of person (Corporations Act s 486B)—Form 17A\n\n11A.1 Arrest of person (Corporations Act s 486B)—Form 17A\n\n> > (1) An application for the issue of a warrant under subsection 486B (1) of the Corporations Act for the arrest of a person must state the grounds for the issue of the warrant.\n> \n> > (2) The application must be accompanied by an affidavit stating the facts in support of the application.\n> \n> > (3) The warrant must be in accordance with Form 17A.\n> \n> > (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to the Registrar.\n> > \n> > Note—\n> > \n> > Sections 489A to 489E of the Corporations Act, inserted by the [Corporations Amendment (Insolvency) Act 2007](http://www.legislation.gov.au/) of the Commonwealth, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481 (3).","sortOrder":95},{"sectionNumber":"Division 12","sectionType":"division","heading":"Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and securities (Corporations Act Chapter 7)","content":"## Division 12 Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and securities (Corporations Act Chapter 7)\n\nDivision 12 Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and securities (Corporations Act Chapter 7)","sortOrder":96},{"sectionNumber":"12","sectionType":"section","heading":"Service on ASIC in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act","content":"#### 12 Service on ASIC in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act\n\n12.1 Service on ASIC in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act\n\n> **rule 12.1, hdg:** Subst 22.12.2000. Am 19.12.2003; 2008 (136), Sch 1 \\[5\\].\n> \n> If ASIC is not a party to an application made under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on ASIC as soon as practicable after filing the originating process.\n> \n> **rule 12.1:** Subst 22.12.2000. Am 19.12.2003; 2008 (136), Sch 1 \\[3\\].","sortOrder":97},{"sectionNumber":"Division 13","sectionType":"division","heading":null,"content":"## Division 13\n\nDivision 13\n\n13.1, 13.2 (Repealed)","sortOrder":102},{"sectionNumber":"Division 14","sectionType":"division","heading":"Appeals authorised by the Corporations Act","content":"## Division 14 Appeals authorised by the Corporations Act\n\nDivision 14 Appeals authorised by the Corporations Act","sortOrder":103},{"sectionNumber":"14","sectionType":"section","heading":"Appeals against acts, omissions or decisions","content":"#### 14 Appeals against acts, omissions or decisions\n\n14.1 Appeals against acts, omissions or decisions\n\n> **rule 14.1, hdg:** Am 19.12.2003. Subst 2019 (161), Sch 1 \\[44\\].\n> \n> > (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating:\n> > \n> > > (a) the act, omission or decision complained of, and\n> > \n> > > (b) in the case of an appeal against a decision—whether the whole or part only and, if part only, which part of the decision is complained of, and\n> > \n> > > (c) the grounds on which the complaint is based.\n> \n> > (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within:\n> > \n> > > (a) 21 days after the date of the act, omission or decision appealed against, or\n> > \n> > > (b) any further time allowed by the Court.\n> \n> > (3) The Court may extend the time for filing the originating process, or interlocutory process, either before or after the time for filing expires and whether or not the application for extension is made before the time expires.\n> \n> > (4) As soon as practicable after filing the originating process, or interlocutory process, and, in any case, at least 5 days before the date fixed for hearing, the person instituting the appeal must serve a copy of the originating process, or interlocutory process, and any supporting affidavit, on each person directly affected by the appeal.\n> \n> > (5) As soon as practicable after being served with a copy of the originating process, or interlocutory process, and any supporting affidavit, a person whose act, omission or decision is being appealed against must file an affidavit:\n> > \n> > > (a) stating the basis on which the act, omission or decision was done or made, and\n> > \n> > > (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal.\n> \n> **rule 14.1:** Am 19.12.2003.","sortOrder":104},{"sectionNumber":"Division 15","sectionType":"division","heading":"Proceedings under the ASIC Act","content":"## Division 15 Proceedings under the ASIC Act\n\nDivision 15 Proceedings under the ASIC Act","sortOrder":105},{"sectionNumber":"15","sectionType":"section","heading":"Reference to Court of question of law arising at hearing of ASIC (ASIC Act s 61)","content":"#### 15 Reference to Court of question of law arising at hearing of ASIC (ASIC Act s 61)\n\n15.1 Reference to Court of question of law arising at hearing of ASIC (ASIC Act s 61)\n\n> **rule 15.1, hdg:** Am 22.12.2000; 19.12.2003; 2008 (136), Sch 1 \\[5\\].\n> \n> Part 6 Division 8 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) applies, with any necessary adaptations, to a reference of a question of law arising at a hearing by ASIC to the Court under section 61 of the ASIC Act.\n> \n> **rule 15.1:** Am 22.12.2000; 19.12.2003; 2007 (163), Sch 1 \\[5\\]; 2008 (136), Sch 1 \\[3\\].","sortOrder":106},{"sectionNumber":"Division 15A","sectionType":"division","heading":"Proceedings under the Cross-Border Insolvency Act","content":"## Division 15A Proceedings under the Cross-Border Insolvency Act\n\nDivision 15A Proceedings under the Cross-Border Insolvency Act","sortOrder":110},{"sectionNumber":"15A","sectionType":"section","heading":"Application of this Division and other rules of the Court","content":"#### 15A Application of this Division and other rules of the Court\n\n15A.1 Application of this Division and other rules of the Court\n\n> Unless the Court otherwise orders:\n> \n> > (a) this Division applies to a proceeding in the Court, under the Cross-Border Insolvency Act, involving a debtor other than an individual, and\n> \n> > (b) the rules in the other Divisions of these Rules, and the other rules of the Court, apply to a proceeding in the Court under the Cross-Border Insolvency Act if they are relevant and not inconsistent with this Division.\n> \n> Note—\n> \n> See rule 1.5 for definitions of Cross-Border Insolvency Act and Model Law.\n> \n> **rules 15A.1–15A.4:** Ins 2008 (455), Sch 1 \\[6\\].","sortOrder":111},{"sectionNumber":"Division 16","sectionType":"division","heading":"Appeals from Registrars","content":"## Division 16 Appeals from Registrars\n\nDivision 16 Appeals from Registrars","sortOrder":120},{"sectionNumber":"16","sectionType":"section","heading":"Appeal from registrar: winding up order","content":"#### 16 Appeal from registrar: winding up order\n\n16.1 Appeal from registrar: winding up order\n\n> > (1) An appeal shall lie to the Court from a winding up order made under the Corporations Act by a Registrar.\n> \n> > (2) Part 49 Division 3 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) shall apply, making such changes as it is necessary to make, to an appeal under subrule (1).\n> \n> > (3) For the purpose of the application of subrule (2), Part 49 Division 3 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) shall be read as if:\n> > \n> > > (a) “registrar” were substituted for “Associate Judge” wherever occurring, and\n> > \n> > > (b) except in rule 49.11 (3), “rule 16.1 of the [Supreme Court (Corporations) Rules 1999](/view/html/inforce/current/sl-1999-0703)” were substituted for “this Division” wherever occurring, and\n> > \n> > > (c) in rule 49.8 (1), “rule 16.1 of the [Supreme Court (Corporations) Rules 1999](/view/html/inforce/current/sl-1999-0703)” were substituted for “rule 49.4”, and\n> > \n> > > (d) there were no reference to the District Court in rule 49.10 (2).\n> \n> **rule 16.1:** Am 19.12.2003; 2007 (163), Sch 1 \\[6\\].","sortOrder":121},{"sectionNumber":"Division 17","sectionType":"division","heading":null,"content":"## Division 17\n\nDivision 17\n\n17.1 (Repealed)","sortOrder":122},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Forms","content":"# Schedule 1 Forms\n\nSchedule 1 Forms\n\n(rule 1.6)\n\nForm 1 Document title\n\n(rule 2.1)\n\n**Form 1:** Am 19.12.2003; 2007 (447), Sch 1 \\[2\\].\n\nIN THE SUPREME COURT OF NEW SOUTH WALES No. of \\[*year*\\]\n\nDIVISION: \\[*insert*\\]\n\nREGISTRY: \\[*insert*\\]\n\nIN THE MATTER OF \\[*full name of corporation to which the proceeding relates and, if applicable, the words ‘(in liquidation)’, ‘(receiver appointed)’, ‘(receiver and manager appointed)’, ‘(controller acting)’, or ‘(administrator appointed)’*\\]\n\nABN or ACN or ARBN: \\[*insert ABN or ACN or ARBN*\\]\n\nAB (and Others)  \nPlaintiff(s)  \n\\[*list, in a schedule, any further plaintiffs*\\]\n\nCD (and Others)  \nDefendant(s)  \n\\[*list, in a schedule, any further defendants*\\]\n\nForm 2 Originating process\n\n(rules 2.2 and 15A.3)\n\n**Form 2:** Am 22.12.2000; 19.12.2003; 2008 (455), Sch 1 \\[7\\] \\[8\\].\n\n\\[*Title*\\]\n\n**A. DETAILS OF APPLICATION**\n\nThis application is made under \\*section/\\*regulation \\[*number*\\] of the \\*Corporations Act/\\*ASIC Act/\\*Cross-Border Insolvency Act/\\*Corporations Regulations.\n\n\\[*State briefly the nature of the proceeding, eg application for winding-up on ground of insolvency, or complaint about a receiver*.\\]\n\nOn the facts stated in the supporting affidavit(s), the plaintiff claims:\n\n1\n\n2\n\netc\n\nAND\n\nDate:\n\n  \n..............................*Signature of plaintiff or*  \n*plaintiff’s legal practitioner*\n\nThis application will be heard by ........................................ at \\[*address of Court*\\] at ..........\\*am/\\*pm on ..........\n\n**B. NOTICE TO DEFENDANT(S) (IF ANY)**\n\nTO: \\[*name and address of each defendant (if any*)\\].\n\nIf you or your legal practitioner do not appear before the Court at the time shown above, the application may be dealt with, and an order made, in your absence. As soon after that time as the business of the Court will allow, any of the following may happen:\n\n> (a) the application may be heard and final relief given,\n\n> (b) directions may be given for the future conduct of the proceeding,\n\n> (c) any interlocutory application may be heard.\n\nBefore appearing before the Court, you must file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff.\n\n**Note—**\n\nUnless the Court otherwise orders, a defendant that is a corporation must be represented at a hearing by a legal practitioner. It may be represented at a hearing by a director of the corporation only if the Court grants leave.\n\n**C. APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY**\n\n\\[Complete this section if this originating process is seeking an order that a company be wound up in insolvency on the ground that the company has failed to comply with a statutory demand (see section 459Q of the Corporations Act)\\]\n\n\\[*Set out particulars of service of the statutory demand on the company and of the failure to comply with the demand*\\]\n\n\\[Attach to this originating process a copy of the statutory demand and, if the demand has been varied by an order made under subsection 459H (4) of the Corporations Act because of a dispute or offsetting claim, a copy of the order made under that subsection.\\]\n\n\\[The affidavit in support of this originating process must:\n\n> (a) verify service of the demand on the company; and\n\n> (b) verify the failure of the company to comply with the demand; and\n\n> (c) state whether and, if so, to what extent the debt, or each of the debts, to which the demand relates is still due and payable at the date when the affidavit is made.\\]\n\nNote 1—\n\nIn an application for winding up in insolvency on the ground that the company has failed to comply with a statutory demand, the applicant should consider completing Part C of Form 2 as shown in Schedule 2 (Notes to these Rules).\n\nNote 2—\n\nAn example of the affidavit in support of an application for winding up in insolvency for failure to comply with a statutory demand is shown in Schedule 2 (Notes to these Rules).\n\n**D. FILING**\n\nDate of filing: \\[*date of filing to be entered by Court officer\\]*\\]\n\nThis originating process is filed by \\[*name*\\] for the plaintiff.\n\n**E. SERVICE**\n\nThe plaintiff’s address for service is \\[*address of plaintiff’s legal practitioner or of plaintiff*\\].\n\n\\*It is not intended to serve a copy of this originating process on any person.\n\n*OR*\n\n\\*It is intended to serve a copy of this originating process on each defendant and on any person listed below:\n\n> \\[*name of defendant and any other person on whom a copy of the originating process is to be served*\\]\n\n\\[Complete the following section if the time for service has been abridged\\]\n\nThe time by which a copy of this originating process is to be served has been abridged by order made by \\[*name of Judge or other Court officer*\\] on \\[*date*\\] to \\[*time and date*\\].\n\n\\* *Omit if not applicable*\n\nForm 3 Interlocutory process\n\n(rules 2.2, 15A.4, 15A.8 and 15A.9)\n\n**Form 3:** Am 22.12.2000; 19.12.2003; 2007 (163), Sch 1 \\[7\\] \\[8\\]; 2008 (455), Sch 1 \\[9\\] \\[10\\].\n\n\\[*Title*\\]\n\n**A. DETAILS OF APPLICATION**\n\nThis application is made under \\*section/\\*regulation \\[*number*\\] of the \\*Corporations Act/\\*ASIC Act/\\*Cross-Border Insolvency Act/\\*Corporations Regulations.\n\nOn the facts stated in the supporting affidavit(s), the applicant, \\[*name*\\], applies for the following relief:\n\n1\n\n2\n\netc\n\nAND\n\nDate:\n\n  \n..............................*Signature of applicant making this application or*  \n*applicant’s legal practitioner*\n\nThis application will be heard by .............................. at \\[*address of Court*\\] at ..........\\*am/\\*pm on ..........\n\n**B. NOTICE TO RESPONDENT(S) (IF ANY)**\n\nTO: \\[*name and address of each respondent to this interlocutory process (if any). If applicable, also state the respondent’s address for service*.\\]\n\nIf you or your legal practitioner do not appear before the Court at the time shown above, the application may be dealt with, and an order made, in your absence.\n\nBefore appearing before the Court, you must, except if you have already done so or you are the plaintiff in this proceeding, file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff in the originating process.\n\n**Note—**\n\nUnless the Court otherwise orders, a respondent that is a corporation must be represented at a hearing by a legal practitioner. It may be represented at a hearing by a director of the corporation only if the Court grants leave.\n\n**C. FILING**\n\nThis interlocutory process is filed by \\[*name*\\] for the applicant.\n\n**D. SERVICE**\n\nThe applicant’s address for service is \\[*address of applicant’s legal practitioner or of applicant*\\].\n\n\\*It is not intended to serve a copy of this interlocutory process on any person.\n\n*OR*\n\n\\*It is intended to serve a copy of this interlocutory process on each respondent and on any person listed below:\n\n> \\[*name of respondent and any other person on whom a copy of the interlocutory process is to be served*\\]\n\n\\[Complete the following section if the time for service has been abridged\\]\n\nThe time by which a copy of this interlocutory process is to be served has been abridged by order made by \\[*name of Judge or other Court officer*\\] on \\[*date*\\] to \\[*time and date*\\].\n\n\\* *Omit if not applicable*\n\nForm 4 Notice of appearance\n\n(rule 2.9)\n\n**Form 4:** Am 2007 (163), Sch 1 \\[9\\].\n\n\\[*Title*\\]\n\n**A. DETAILS OF PERSON INTENDING TO APPEAR**\n\nNotice is given that \\[*state full name and address*\\], \\[*briefly state your interest in the proceeding, eg a creditor for $ (amount), or a contributory, of the corporation*\\] intends to appear before the Court at the hearing of the application to be heard at the Supreme Court of New South Wales \\[*address*\\] on \\[*date*\\] and, if applicable, to \\*oppose/\\*support the application.\n\nNote—\n\nUnless the Court otherwise orders, a company may not appear in or defend proceedings otherwise than by a solicitor or by a director authorised in accordance with rules 7.1 and 7.2 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418).\n\n**B. GROUNDS OF OPPOSITION TO WINDING UP**\n\n\\[Complete this section only if you are opposing an application to wind up a company\\]\n\nThe grounds on which I oppose the application for winding up are:\n\n> 1\n\n> 2\n\n> etc\n\n**C. SERVICE**\n\n\\[This section must be completed\\]\n\nThe address for service of the person giving this notice is \\[*address of person’s legal practitioner or of person*\\].\n\n  \n..............................*Signature of person giving notice*  \n*or of person’s legal practitioner*\n\n\\* *Omit if not applicable*\n\nForm 5 Notice of intervention by ASIC\n\n(rule 2.10)\n\n**Form 5:** Am 2008 (136), Sch 1 \\[3\\].\n\n\\[*Title*\\]\n\nThe Australian Securities and Investments Commission, whose address for service is \\[*address*\\], intervenes in this proceeding.\n\nDate:\n\n  \n.........................*Signed on behalf of ASIC*\n\nName of signatory: \\[*name*\\].\n\nCapacity of signatory: \\[*capacity*\\].\n\nForm 6 Notice of hearing to approve compromise or arrangement\n\n(rule 3.4)\n\nTO all the creditors and members of \\[*name of company*\\].\n\nTAKE NOTICE that at ..........\\*am/\\*pm on .........., the Supreme Court of New South Wales at \\[*address of Court*\\] will hear an application by \\[*name of plaintiff*\\] seeking the approval of a compromise or arrangement between the above-named company and its \\*members/\\*creditors as proposed by a resolution passed by the meeting of the \\*members/\\*creditors of the company held on \\[*date*\\].\n\n\\[Complete this section if applicable\\]\n\nThe proposed compromise or arrangement as passed by the meeting was amended from the form of compromise or arrangement previously sent to you in the following respects:\n\n> \\[*Set out the details of any amendment made at the meeting*\\]\n\n> If you wish to oppose the approval of the compromise or arrangement, you must file and serve on the plaintiff a notice of appearance, in the prescribed form, together with any affidavit on which you wish to rely at the hearing. The notice of appearance and affidavit must be served on the plaintiff at its address for service at least 1 day before the date fixed for the hearing of the application.\n\n\\[This section must be completed\\]\n\nThe address for service of the plaintiff is \\[*address of plaintiff’s legal practitioner or of plaintiff*\\].\n\nName of person giving notice or of person’s legal practitioner \\[*name*\\]\n\n\\* *Omit if not applicable*\n\nForm 7 Affidavit accompanying statutory demand\n\n(rule 5.2)\n\n**Form 7:** Am 1.6.2001.\n\n\\[*Name of creditor(s)*\\]  \nCreditor(s)\n\n\\[*Name of debtor company*\\]  \nDebtor company\n\nI, \\[*name*\\] of \\[*address and occupation*\\], \\*say on oath/\\*affirm:\n\n> 1 I am \\[*state deponent’s relationship to the creditor(s), eg, ‘the creditor’, ‘(name), one of the creditors’, ‘a director of the creditor’, ‘a director of (name), one of the creditors’*\\] in respect of \\*a debt of $ \\[*amount*\\]/\\*debts totalling $ \\[*amount*\\] owed by \\[*name of debtor company*\\] to \\*me/\\*us/\\*it/\\*them relating to \\[*state nature of debt or debts, ensuring that what is stated corresponds with the description of the debt or debts, to be given in the proposed statutory demand, with which this affidavit is to be served on the debtor company*\\].\n\n> 2 \\[*If the deponent is not the creditor, state the facts entitling the deponent to make the affidavit, eg ‘I am authorised by the creditor(s) to make this affidavit on its/their behalf*\\].\n\n> 3 \\[*State the source of the deponent’s knowledge of the matters stated in the affidavit in relation to the debt or each of the debts, eg ‘I am the person who, on behalf of the creditor(s), had the dealings with the debtor company that gave rise to the debt’, ‘I have inspected the business records of the creditor in relation to the debtor company’s account with the creditor’*\\].\n\n> 4 \\*The debt/\\*The total of the amounts of the debts mentioned in paragraph 1 of this affidavit is due and payable by the debtor company.\n\n> 5 I believe that there is no genuine dispute about the existence or amount of the \\*debt/\\*any of the debts.\n\n\\*Sworn/\\*affirmed at: \\[*place of swearing or affirmation*\\] on \\[*date*\\]\n\n  \n.........................*Signature of deponent*\n\nBefore me:\n\n  \n.........................*Signature and designation of*  \n*person before whom deponent*  \n*swears or affirms affidavit*\n\n\\* *Omit if not applicable*\n\nForm 8 Consent of liquidator/provisional liquidator\n\n(rules 5.5, 6.1, 7.2)\n\n**Form 8:** Am 19.12.2003; 2005 No 98, Sch 2.59; 2008 (136), Sch 1 \\[25\\] \\[26\\]; 2019 (161), Sch 1 \\[29\\] \\[48\\]–\\[53\\].\n\n\\[*Title*\\]\n\nI, \\[*name*\\], of \\[*address*\\], a registered liquidator, consent to be appointed by the Court and to act as the \\*liquidator/\\*provisional liquidator of \\[*name of company*\\].\n\nI am not aware of any conflict of interest or duty that would make it improper for me to act as \\*liquidator/\\*provisional liquidator of the company.\n\nEITHER\n\nI am not aware of any relevant relationship mentioned in subsection 60 (2) of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n\nOR\n\nI have, or have had within the preceding 24 months, the following relevant relationships mentioned in subsection 60 (2) of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n\n\\[*Set out all relevant relationships.*\\]\n\nThe time–cost rates currently charged in respect of work done as \\*liquidator/\\*provisional liquidator by me, and by my partners and employees who may perform work in this external administration, are set out below or in the Schedule which is attached to this Consent. I acknowledge that my appointment by the Court does not constitute an express or implied approval by the Court of these time–cost rates.\n\nNote—\n\nThe remuneration that an external administrator is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration of a company is regulated by Division 60 of the Insolvency Practice Schedule (Corporations).\n\nDate:\n\n  \n.........................*Signature of registered liquidator*\n\n\\* *Omit if not applicable*\n\n**Schedule**\n\n\\[*Description of time-cost rate(s)*\\]\n\nForm 9 Notice of application for winding up order\n\n(rule 5.6)\n\n**Form 9:** Am 2007 (447), Sch 1 \\[2\\]; 2014 (708), Sch 1 \\[17\\].\n\nIN THE SUPREME COURT OF NEW SOUTH WALES No. of \\[*year*\\]\n\n\\[*Name of company*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\n> 1 A proceeding for the winding up of \\[*name of company and, if applicable, the words ‘trading as’ and any trading name or names of the company*\\] was commenced by the plaintiff, \\[*name of plaintiff*\\], on \\[*date of filing of originating process*\\] and will be heard by the Supreme Court of New South Wales at \\[*address of Court*\\] at .......... \\*am/\\*pm on .......... Copies of documents filed may be obtained from the plaintiff’s address for service.\n\n> 2 The plaintiff’s address for service is \\[*address of plaintiff’s legal practitioner or of plaintiff*\\].\n\n> 3 Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the plaintiff at the plaintiff’s address for service at least 3 days before the date fixed for the hearing.\n\nDate:\n\nName of plaintiff or plaintiff’s legal practitioner: \\[*name*\\]\n\n\\* *Omit if not applicable*\n\nForm 10 Notice of application for winding up order by substituted plaintiff\n\n(rule 5.10)\n\n**Form 10:** Am 19.12.2003; 2007 (447), Sch 1 \\[2\\].\n\nIN THE SUPREME COURT OF NEW SOUTH WALES No. of \\[*year*\\]\n\n\\[*Name of company*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\n> 1 \\[*Name of substituted plaintiff*\\], who was, by order of the Supreme Court of New South Wales, substituted as a plaintiff, will apply to the Court at ..........\\*am/\\*pm on .......... at \\[*address of Court*\\] for an order that the above company be wound up.\n\n> 2 The address for service of the substituted plaintiff is \\[*address of substituted plaintiff’s legal practitioner or of substituted plaintiff*\\].\n\n> 3 Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the substituted plaintiff at its address for service at least 3 days before the date fixed for the hearing.\n\nDate:\n\nName of substituted plaintiff or substituted plaintiff’s legal practitioner: \\[*name*\\]\n\n\\* *Omit if not applicable*\n\nForm 11 Notice of winding up order and of appointment of liquidator\n\n(rule 5.11)\n\n**Forms 11, 12, 15:** Am 2007 (447), Sch 1 \\[2\\].\n\nIN THE SUPREME COURT OF NEW SOUTH WALES\n\nAT \\[*location of Court*\\]\n\nIN THE MATTER OF \\[*name of company to which the proceeding relates*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\nOn \\[*date*\\], the Supreme Court of New South Wales, in Proceeding No. of \\[*year*\\], ordered the winding up of \\[*name of company*\\] and I was appointed as liquidator of the company.\n\nDate:\n\nName and address of liquidator: \\[*name and address*\\]\n\nForm 12 Notice of appointment of provisional liquidator\n\n(rule 6.2)\n\n**Forms 11, 12, 15:** Am 2007 (447), Sch 1 \\[2\\].\n\nIN THE SUPREME COURT OF NEW SOUTH WALES\n\nAT \\[*location of Court*\\]\n\nIN THE MATTER OF \\[*name of company to which the proceeding relates*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\nOn \\[*date*\\], in Proceeding No. of \\[*year*\\], heard by the Supreme Court of New South Wales I was appointed as the provisional liquidator of the above company.\n\nDate:\n\nName and address of provisional liquidator: \\[*name and address*\\]\n\nForm 13 Notice by creditor or contributory of objection to release of liquidator\n\n(rule 7.6)\n\n\\[*Title*\\]\n\n\\[*Name of creditor/contributory*\\] of \\[*address of creditor/contributory*\\], a creditor of \\[*name of company*\\] for $\\[*amount*\\], or a contributory of \\[*name of company*\\] holding \\[*number*\\] shares in the company, objects to the grant of a release to \\[*name of liquidator*\\] of \\[*address of liquidator*\\], who is the liquidator of \\[*name of company*\\], on the following grounds:\n\n> \\[*set out the grounds upon which the objection is made*\\]\n\nDate:\n\n  \n.........................*Signature of objector*  \n*or objector’s legal practitioner*\n\nName of objector or objector’s legal practitioner: \\[*name*\\].\n\nThe objector’s address for service is \\[*address of objector or objector’s legal practitioner*\\].\n\nForm 14 Affidavit in support of application for order for payment of call\n\n(rule 7.8)\n\n\\[*Title*\\]\n\nI, \\[*name*\\] of \\[*address*\\], liquidator, \\*say on oath/\\*affirm:\n\n> 1 I am the liquidator of \\[*name of company*\\] (the company).\n\n> 2 On \\[*date*\\] I made a call of $\\[*amount*\\] per share on all the contributories of the company \\[*or specify the class of contributories on whom the call was made*\\]. \\*Annexed/\\*Exhibited and marked **A** is a copy of the notice of the call. Each contributory whose name is shown in the Schedule marked **B** was duly served with notice of the call in the form annexed or exhibited and marked **A**.\n\n> 3 Each contributory of the company whose name is set out in column 2 of the Schedule marked **B** has not paid, or caused to be paid, to me the sum specified opposite the contributory’s name in column 5 of the Schedule, which is due from that contributory under the call.\n\n> 4 The amount set out opposite the name of each contributory in column 6 of the Schedule is an estimate of the amount due by that contributory in respect of the costs of applying for and giving effect to the order for payment of the call. The estimate of the amounts so due by the several contributories has been reached by apportioning the costs among the contributories who have not paid the call according to the liability of the respective contributories to contribute.\n\n> 5 The amount set out opposite the name of each contributory in column 7 of the Schedule is the total of the amount due by that contributory in respect of the call as set out in column 5 and the amount due in respect of costs as set out in column 6.\n\n\\*Sworn/\\*affirmed at: \\[*place of swearing or affirmation*\\] on \\[*date*\\]\n\n  \n.........................*Signature of deponent*\n\nBefore me: ...............\n\n*Signature and designation of*  \n*person before whom deponent*  \n*swears or affirms affidavit*\n\n\\* *Omit if not applicable*\n\n**Schedule B**\n\n| Number on list of contributories | Name | Address | Character in which included in the list | Unpaid amount of call | Proportion of costs of application | Total amount payable |\n\nForm 15 Notice of application for leave to distribute a surplus\n\n(rule 7.9)\n\nIN THE SUPREME COURT OF NEW SOUTH WALES\n\nAPPLICATION NO:\n\nIN THE MATTER OF \\[*company name*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\nOn .......... at .........., the Supreme Court of New South Wales will hear an application by the liquidator of \\[*name of company*\\] in Proceeding No. of \\[*year*\\] for leave to distribute a surplus in respect of the liquidation of the company.\n\nAny person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and affidavit on the liquidator at the address shown below at least 3 days before the date fixed for the hearing.\n\nName of liquidator: \\[*name*\\].\n\nThe liquidator’s address for service is \\[*address*\\].\n\n  \n.........................*Signature of liquidator*\n\nForm 16 Notice of intention to apply for remuneration\n\n(rules 9.1, 9.2, 9.3, 9.5)\n\n**Form 16:** Am 2007 (447), Sch 1 \\[2\\]; 2019 (161), Sch 1 \\[54\\]–\\[56\\].\n\nIN THE MATTER OF \\[*company name*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\nTO: \\[*name and address of person to whom notice is given*\\]\n\nTAKE NOTICE that, not less than 21 days after this notice is served on you, I, \\[*name and address*\\], the \\*receiver/\\*external administrator/\\*liquidator/\\*provisional liquidator/\\*special manager of the above company, intend to apply to the Court to determine my remuneration.\n\nIf you object to my application, you must, within 21 days after being served with this notice, serve on me a notice of objection stating the grounds of objection to the remuneration claimed.\n\nDate:\n\n  \n.........................*Signature of \\*receiver/\\*external administrator/\\*liquidator/*  \n*\\*provisional liquidator/\\*special manager*\n\n\\* *Omit if not applicable*\n\nForm 16A Notice of intention to apply for review of remuneration\n\n(rule 9.2A)\n\n**Form 16A:** Ins 2008 (136), Sch 1 \\[27\\]. Am 2019 (161), Sch 1 \\[55\\] \\[57\\] \\[58\\].\n\nIN THE MATTER OF \\[*company name*\\]\n\nACN or ABN: \\[*ACN or ABN of company to which proceeding relates*\\]\n\nTO: \\[*name and address of person to whom notice is given*\\]\n\nTAKE NOTICE that, not less than 21 days after this notice is served on you, I, \\[*name and address of proposed plaintiff or applicant*\\], \\*\\[the \\*external administrator/\\*liquidator of the above company,\\] intend to apply to the Court to review \\*the remuneration of/\\*my remuneration as the \\*external administrator/\\*liquidator of the company.\n\nThe amount of the remuneration that has been determined or fixed is \\[*state the amount*\\]. The remuneration was determined or fixed by \\[*state who determined or fixed the remuneration*\\] on \\[*state the date when the remuneration was determined or fixed*\\].\n\nI intend to apply for an order to \\*confirm/\\*increase/\\*reduce the remuneration.\n\n\\[*Set out the grounds upon which an order or orders will be sought. If an order to increase or reduce the remuneration is sought, set out the amount by which the remuneration is sought to be increased or reduced.*\\]\n\nIf you wish to appear at the hearing of the application, in order to raise any issues before the Court, you must, within 21 days after being served with this notice, serve on me a notice under subrule 9.2A (4) of the [Supreme Court (Corporations) Rules 1999](/view/html/inforce/current/sl-1999-0703), stating your intention to appear at the hearing and setting out the issues that you seek to raise before the Court.\n\nDate:\n\n  \n.........................*Signature of proposed plaintiff or applicant*\n\n\\* *Omit if not applicable*\n\nForm 17 Summons for examination\n\n(rule 11.3)\n\n**Form 17:** Am 22.12.2000; 19.12.2003.\n\n\\[*Title*\\]\n\n**A. DETAILS OF SUMMONS**\n\nTO: \\[*name and address of person to be examined*\\]\n\nYou are summoned under \\*section 596A/\\*section 596B of the Corporations Act to:\n\n> (a) attend before the Supreme Court of New South Wales at \\[*address of Court*\\] at ..........\\*am/\\*pm on .........., and from day to day until excused by the Court, to be examined on oath or affirmation about the examinable affairs of \\[*name of corporation*\\]; and\n\n> (b) \\*to produce at the examination the following books \\[*specify books—include in a schedule if necessary*\\].\n\nDate:\n\n  \n.........................*Registrar \\[or other Court officer\\]*\n\n**B. NOTICE TO PERSON TO BE EXAMINED**\n\nThe Court may order that the questions put to you and the answers given by you at the examination are to be recorded in writing and signed by you.\n\nIf you do not attend the examination in accordance with this summons, without reasonable cause, you may be arrested and imprisoned without further notice.\n\nThis summons is issued at the request of \\[*name*\\] whose address for service is \\[*address of person’s legal practitioner or of person*\\].\n\n\\* *Omit if not applicable*\n\nForm 17A Arrest warrant\n\n**Form 17A:** Ins 2008 (136), Sch 1 \\[28\\].\n\n([Corporations Act 2001](http://www.legislation.gov.au/) (Cth) s 486B and [Supreme Court (Corporations) Rules 1999](/view/html/inforce/current/sl-1999-0703) rule 11A.1)\n\n\\[*Title*\\]\n\nTO: All members and special members of the Australian Federal Police and to all officers of the police force of the State or Territory in which \\[*name of person*\\] is found, and to the Sheriff of that State or Territory and all of that Sheriff’s officers.\n\nWHEREAS:\n\n> \\* \\[*name of company*\\] (the Company) is being wound up in insolvency\\* *or*\n\n> \\* \\[*name of company*\\] (the Company) is being wound up by the Court\\* *or*\n\n> \\* an application has been made for \\[*name of company*\\] (the Company) to be wound up\\*\n\nAND THE COURT IS SATISFIED THAT \\[*name of person*\\]:\n\n> (a) is about to leave Australia in order to avoid:\n> \n> > (i) paying money to the company\\* *or*\n> \n> > (ii) being examined about the company’s affairs\\* *or*\n> \n> > (iii) complying with an order of the Court, or some other obligation, under Chapter 5 of the [Corporations Act 2001](http://www.legislation.gov.au/) (Cth) in connection with the winding up\\* *or*\n\n> (b) has concealed or removed property of the Company in order to prevent or delay the taking of the property into the liquidator’s custody or control\\* *or*\n\n> (c) has destroyed, concealed or removed books of the Company or is about to do so,\\*\n\nTHIS WARRANT THEREFORE requires and authorises you to take \\[*name of person*\\] and to bring \\*him/\\*her before the Court at \\[*address of court*\\] and to keep \\*him/\\*her there pending the making of a further order by the Court.\n\nTHIS WARRANT ALSO requires and authorises you to seize any property or books of the company in the possession of \\[*name of person*\\] and to deliver them into the custody of the Registrar of the Court to be kept by that Registrar until the Court makes an order for their disposal.\n\nNote—\n\nSection 489A of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth provides that if the Court issues a warrant under section 486B for a person to be arrested and brought before the Court, and the person is not in prison, then the person named in the warrant may be arrested by an officer of the police force of the State or Territory in which the person is found, or the Sheriff of that State or Territory or any of the Sheriff’s officers, or a member or special member of the Australian Federal Police.\n\nDate:\n\n  \n.........................\\[*signed*\\]  \nJudge/Registrar\n\n\\* *Omit if inapplicable*\n\nForm 18 Summons for appearance in relation to registration of transfer of interests\n\n(rule 12.2)\n\n\\[*Title*\\]\n\nTO: \\[*name and address*\\]\n\nYou are required to appear before the Supreme Court of New South Wales at \\[*address of Court*\\] at ..........\\*am/\\*pm on .......... and show cause why the document(s) specified in the Schedule should not be \\*delivered up/\\*produced at the office of \\[*name of company*\\] at \\[*address of company*\\] within \\[*period as ordered*\\], as required by the attached notice.\n\nThe address for service of the person applying for this summons is \\[*address of person’s legal practitioner or of person*\\].\n\nDate:\n\n  \n.........................*Registrar \\[or other Court officer\\]*\n\n\\* *Omit if not applicable*\n\n**Schedule**\n\n\\[*description of document(s)*\\]\n\nForm 19 Consent to act as designated person\n\n(rule 15A.5)\n\n**Form 19:** Ins 2008 (455), Sch 1 \\[11\\]. Am 2010 (109), rule 3; 2019 (161), Sch 1 \\[49\\] \\[50\\] \\[52\\] \\[53\\].\n\n\\[*Title*\\]\n\nI, \\[*name*\\], of \\[*address*\\], a registered liquidator, consent to be appointed by the Court and to act as the person designated by the Court under \\*article 19/\\*article 21 of the Model Law to \\*administer/\\*realise/\\*distribute the assets of \\[*name of company*\\].\n\nI am not aware of any conflict of interest or duty that would make it improper for me to act as the person designated by the Court.\n\nThe time–cost rates currently charged in respect of work done as the person designated by the Court by me, and by my partners and employees who may perform work in this administration, are set out below or in the Schedule which is attached to this Consent.\n\nI acknowledge that my appointment by the Court does not constitute an express or implied approval by the Court of these time–cost rates.\n\nDate:\n\n.........................  \n*Signature of registered liquidator*\n\n*\\* Omit if not applicable*\n\nSchedule\n\n\\[*description of time-cost rate(s)*\\]\n\nForm 20 Notice of filing of application for recognition of foreign proceeding\n\n(rule 15A.6)\n\n**Forms 20–23:** Ins 2008 (455), Sch 1 \\[11\\].\n\nIN THE \\[*name of Court*\\] No. of \\[*year*\\]\n\n\\[*Name of company*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\nTO all the creditors of \\[*name of company*\\].\n\nTAKE NOTICE that:\n\n> 1 An application under the [Cross-Border Insolvency Act 2008](http://www.legislation.gov.au/) for recognition of a foreign proceeding in relation to \\[*name of company*\\] was commenced by the plaintiff, \\[*name of plaintiff*\\], on \\[*date of filing of originating process*\\] and will be heard by .......... at \\[*address of Court*\\] at .......... \\*am/\\*pm on .......... Copies of documents filed may be obtained from the plaintiff’s address for service.\n\n> 2 The plaintiff’s address for service is \\[*name and address of plaintiff’s legal practitioner or, if there is no legal practitioner, address of the plaintiff*\\].\n\n> 3 Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the plaintiff at the plaintiff’s address for service at least 3 days before the date fixed for the hearing.\n\n> 4 If you are a foreign creditor you must file in the registry of the Court at the address mentioned in paragraph 1 an affidavit setting out the details of any claim, secured or unsecured, that you may have against the company above at least 3 days before the date fixed for the hearing.\n\nDate:\n\nName of plaintiff or plaintiff’s legal practitioner: \\[*name*\\]\n\n*\\* Omit if not applicable*\n\nForm 21 Notice of making of order under the [Cross-Border Insolvency Act 2008](http://www.legislation.gov.au/)\n\n(rule 15A.7)\n\n**Forms 20–23:** Ins 2008 (455), Sch 1 \\[11\\].\n\nIN THE \\[*name of Court*\\] No. of \\[*year*\\]\n\n\\[*Name of company*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\nTO all the creditors of \\[*name of company*\\].\n\nTAKE NOTICE that:\n\n> 1 On \\[*date*\\], the \\[*name of Court*\\] in Proceeding No. of \\[*year*\\], commenced by the plaintiff \\[*name of plaintiff*\\], made the following orders under the [Cross-Border Insolvency Act 2008](http://www.legislation.gov.au/) in relation to \\[*name of company*\\]: \\[*insert details of order*\\].\n\n> 2 The plaintiff’s address for service is \\[*name and address of plaintiff’s legal practitioner or, if there is no legal practitioner, address of the plaintiff*\\].\n\n> 3 The name and address of the foreign representative is \\[*insert name and address*\\].\n\n> 4 The name and address of the person entrusted with distribution of the company’s assets is \\[*insert name and address*\\].\\*\n\nDate:\n\nName of plaintiff or plaintiff’s legal practitioner: \\[*name*\\]\n\n*\\* Omit if not applicable*\n\nForm 22 Notice of dismissal or withdrawal of application for recognition of foreign proceeding\n\n(rule 15A.7)\n\n**Forms 20–23:** Ins 2008 (455), Sch 1 \\[11\\].\n\nIN THE \\[*name of Court*\\] No. of \\[*year*\\]\n\n\\[*Name of company*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\nTO all the creditors of \\[*name of company*\\].\n\nTAKE NOTICE that the application under the [Cross-Border Insolvency Act 2008](http://www.legislation.gov.au/) for recognition of a foreign proceeding in relation to \\[*name of company*\\] commenced by the plaintiff, \\[*name of plaintiff*\\], on \\[*date of filing of originating process*\\] was dismissed\\*/withdrawn\\* on \\[*date of dismissal/withdrawal*\\].\n\nDate:\n\nName of person giving notice or of person’s legal practitioner \\[*name*\\]\n\n*\\* Omit if not applicable*\n\nForm 23 Notice of filing of application to modify or terminate an order for recognition or other relief\n\n(rule 15A.9)\n\n**Forms 20–23:** Ins 2008 (455), Sch 1 \\[11\\].\n\nIN THE \\[*name of Court*\\] No. of \\[*year*\\]\n\n\\[*Name of company*\\]\n\nABN or ACN: \\[*ABN or ACN of company to which proceeding relates*\\]\n\nTO all the creditors of \\[*name of company*\\].\n\nTAKE NOTICE that:\n\n> \\*1 An application under the [Cross-Border Insolvency Act 2008](http://www.legislation.gov.au/) for an order \\*modifying/\\*terminating an order for recognition of a foreign proceeding in relation to \\[*name of company*\\] was filed by the applicant, \\[*name of applicant*\\], on \\[*date of filing of interlocutory process*\\] and will be heard by .......... at \\[*address of Court*\\] at .......... \\*am/\\*pm on .......... Copies of documents filed may be obtained from the applicant’s address for service.\n\n> \\*1 An application under the [Cross-Border Insolvency Act 2008](http://www.legislation.gov.au/) for an order \\*modifying/\\*terminating relief granted under \\*article 19/\\*article 21 of the Model Law in relation to \\[*name of company*\\] was filed by the applicant, \\[*name of applicant*\\], on \\[*date of filing of interlocutory process*\\] and will be heard by .......... at \\[*address of Court*\\] at .......... \\*am/\\*pm on .......... Copies of documents filed may be obtained from the applicant’s address for service.\n\n> 2 The applicant’s address for service is \\[*name and address of applicant’s legal practitioner or of applicant*\\].\n\n> 3 Any person intending to appear at the hearing must file a notice of appearance (if the person has not already done so), in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice (if applicable) and any affidavit on the applicant at the applicant’s address for service at least 3 days before the date fixed for the hearing.\n\nDate:\n\nName of applicant or applicant’s legal practitioner: \\[*name*\\]\n\n*\\* Omit if not applicable*","sortOrder":123},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Notes to these Rules","content":"# Schedule 2 Notes to these Rules\n\nSchedule 2 Notes to these Rules\n\n(rules 2.2, 2.4 and 5.4)\n\n**Note 1—see rule 2.2 (Form 2 Part C)**\n\n**C. APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY**\n\n> 1 The plaintiff relies on failure by the defendant to comply with a statutory demand. A copy of the demand, marked A, is attached to this originating process.\n\n> 2 The demand was \\[*or* The demand and an accompanying affidavit were\\] served by X.Y. who delivered it \\[*or* them\\] to the registered office of the defendant at \\[*insert address*\\] on \\[*insert date*\\] \\[*or, if service was by post*, who posted \\*it/\\*them by ordinary prepaid post to the registered office of the defendant at \\[*insert address*\\] on \\[*insert date*\\]\\]. \\[*If applicable*, A copy of the accompanying affidavit, marked B, is attached to this originating process.\\]\n\n> 3 The defendant failed to pay the amount of the debt demanded \\[*or* the total of the debts demanded\\] or to secure or compound for that \\*amount/\\*total to the plaintiff’s reasonable satisfaction within 21 days after the demand was served on the defendant \\[*or* within 7 days after \\[*insert date*\\] when an application by the defendant under section 459G of the Corporations Act was finally determined or otherwise disposed of\\] \\[*or if the period for compliance with the demand was extended by order* within the period specified in the order of the \\[*insert name of Court*\\] on \\[*insert date of order or, if more than one order, the date of the last such order*\\] as the period for compliance with the demand. A copy of the order, marked C, is attached to this originating process.\\]\n\n> **\\[If the demand was varied by order under subsection 459H (4) of the Corporations Act\\]**\n\n> 4 The demand was varied by order of the \\[*insert name of Court*\\] on \\[*insert date of order*\\]. A copy of the order, marked D \\[*or as the case may be*\\], is attached to this originating process.\n\n\\* *Omit if not applicable*\n\n**Note 2—see rule 2.4 and rule 5.4 (2) (Affidavit in support)**\n\n**\\*AFFIDAVIT IN SUPPORT/\\*AFFIDAVIT IN SUPPORT OF APPLICATION FOR WINDING UP IN INSOLVENCY**\n\nI, \\[*name*\\] of \\[*address and occupation*\\], \\*say on oath/\\*affirm \\[*or* \\*make oath and say/\\*solemnly and sincerely declare and affirm\\]:\n\n> 1 I am the above-named plaintiff \\[*or if the applicant is a corporation*, I am \\*a/\\*the director of the above-named plaintiff which is registered or taken to be registered in \\[*specify State or Territory*\\]. I am duly authorised to make this affidavit on its behalf\\]. Now produced and shown to me and marked A is a copy of the originating process to be filed in the proceeding.\n\n> 2 Annexed to this affidavit is a current and historical extract of the records maintained by the Australian Securities and Investments Commission with respect to the defendant.\n\n> 3 \\[*Where the defendant is registered or taken to be registered in another State or a Territory, state any facts—apart from the defendant’s principal place of business—which bear upon jurisdiction being exercised in New South Wales rather than in another State or Territory*.\\]\n\n> 4 The following facts are within my own personal knowledge save as otherwise stated.\n\n> 5 The defendant was on \\[*state date of statutory demand or other relevant date*\\] indebted to the plaintiff in the sum of $\\[*amount*\\] for \\[*state concisely the consideration, for example, goods sold and delivered etc*\\] which sum was then due and payable.\n\n> 6 The demand, a copy of which is attached to the originating process, was signed by or on behalf of the plaintiff. I served the demand \\[*or* the demand and the accompanying affidavit\\] as referred to in the originating process \\[*or* X.Y. has been instructed to make an affidavit of service of the demand \\[*or* the demand and the accompanying affidavit\\]\\].\n\n> 7 The matters stated in the originating process concerning the demand and failure of the defendant to comply with it are true and correct.\n\n> 8 The sum demanded remains due and payable by the defendant to me \\[*or* the plaintiff\\].\n\nSworn, *etc*\n\n\\* *Omit if not applicable*\n\n**sch 2:** Ins 19.12.2003.","sortOrder":124}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":815},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1999 scope. Originally focused on domestic corporations proceedings, it now includes: cross-border insolvency (Division 15A added 2008), external administration under the Insolvency Practice Schedule (substantial 2019 amendments), remuneration review procedures (2008, 2019), and updated forms for modern practice. The 2019 amendments in particular integrated the Insolvency Practice Schedule (Corporations), substantially restructuring liquidator-related provisions."},"complexity_factors":["Extensive cross-referencing to the Corporations Act 2001, ASIC Act, Cross-Border Insolvency Act, and Insolvency Practice Schedule (Corporations)","Multiple overlapping procedural pathways depending on type of proceeding (winding up, provisional liquidation, cross-border insolvency, etc.)","Numerous conditional requirements with nested exceptions (e.g., 'unless the Court otherwise orders', 'if applicable', 'in any other case')","Strict time limits for service and filing that vary by proceeding type (3 days, 5 days, 7 days, 8 days, 14 days, 21 days)","23 prescribed forms with detailed completion requirements and notes","Integration of international law through the UNCITRAL Model Law on Cross-Border Insolvency","Multiple amendment histories showing evolving regulatory framework (amendments in 2000, 2001, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2014, 2015, 2017, 2019)","Specialised terminology requiring definitions (registered liquidator, external administrator, Part 5.1 body, examinable affairs, etc.)","Provisions for substituted service, abridged time, and Court discretion creating layered procedural options"],"plain_english_summary":"These are the **Supreme Court (Corporations) Rules 1999**, which set out the procedural rules for how companies and corporate matters are handled in the NSW Supreme Court.\n\n**What these rules cover:**\n\n- **Starting court proceedings** involving companies — including winding up applications (when a company is being liquidated), disputes about company debts, and applications to set aside statutory demands (formal demands for payment that can trigger liquidation if ignored)\n- **How documents must be filed and served** — including specific forms that must be used, time limits for serving documents on other parties, and requirements for supporting affidavits (sworn statements of fact)\n- **Appointing and managing liquidators** — including how liquidators are appointed, their powers, how they get paid, and how they can be released from their duties\n- **Cross-border insolvency** — special procedures for dealing with companies that have assets or debts in multiple countries, including recognition of foreign insolvency proceedings\n- **Examinations and investigations** — rules for summoning people to give evidence about a company's affairs, and what happens if they don't attend\n- **Takeovers and securities disputes** — procedures for cases involving company takeovers and share transfers\n- **ASIC involvement** — when and how the corporate regulator must be notified or served with documents\n\n**Who these rules affect:**\n\n- Company directors, shareholders and creditors\n- Liquidators, provisional liquidators, receivers and administrators\n- Lawyers handling corporate insolvency or disputes\n- ASIC and other regulators\n- Anyone involved in cross-border insolvency matters\n\n**Why they matter:**\n\nThese rules ensure that corporate insolvency and related proceedings are handled consistently and fairly. They protect the rights of creditors and shareholders, provide transparency in the winding-up process, and help coordinate insolvency proceedings across international borders. The rules are highly technical because corporate insolvency involves complex financial and legal issues, and the consequences of getting procedures wrong can be severe — including improper liquidation or unfair treatment of creditors."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The rules were originally made under the Corporations Law (a predecessor regime) and renamed to reflect the transition to the federal Corporations Act 2001. The renaming and repeated amendments suggest the scope has evolved over time to keep pace with changes in federal corporations legislation and court practice, though the core purpose — governing Supreme Court procedure in corporations matters — has remained consistent."},"complexity_factors":["Operates at the intersection of procedural law and substantive corporations law, requiring knowledge of both","Sits alongside and must be read in conjunction with federal Corporations Act 2001 (Cth) and related federal court rules","Has been amended at least 14 times since 1999, meaning different versions apply to historical disputes","Applies to a wide and technically complex range of matters — liquidations, schemes of arrangement, oppression claims, insolvency proceedings","Requires practitioners to navigate both NSW Supreme Court Rules generally AND these specific corporation rules","Previously operated under a different name (Corporations Law Rules), creating potential confusion in older case references","Full substantive content not available in this extract, making complete assessment difficult"],"plain_english_summary":"## Supreme Court (Corporations) Rules 1999 (NSW)\n\n**What is this?**\nThis is a set of procedural rules (think of them as the \"rulebook\") that govern how legal cases involving corporations (companies) are handled in the NSW Supreme Court. It was originally called the *Corporations Law Rules* before being renamed.\n\n**Who does it affect?**\n- Companies (corporations) that are involved in court proceedings in NSW\n- Company directors, shareholders, creditors, and liquidators (people appointed to wind up a failed company) who take legal action or are taken to court\n- Lawyers representing any of these parties\n- Insolvency practitioners (professionals who manage financially distressed companies)\n\n**What does it actually do?**\nIt sets out the step-by-step procedures for how corporation-related court cases must be run — things like:\n- How to file (lodge) documents with the court\n- How to serve (formally deliver) legal papers on a company\n- The correct forms to use\n- Timeframes that must be followed\n- How applications (formal requests to the court) must be made\n\n**Why does it matter?**\nIf you're involved in a court dispute relating to a company — for example, if a company owes you money and you want to wind it up, or if you're a director facing legal action — these rules determine how that process unfolds. Getting them wrong can result in your case being delayed or thrown out.\n\n**Important note:** This document as provided only contains metadata and version history — the actual substantive rules are not included in the text above. The rules have been updated frequently since 1999, with the current version dating from 5 April 2019."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Rules as presented show that their scope has been extended and updated since original drafting. The text incorporates procedures for the ASIC Act as well as cross‑border insolvency (Division 15A) and integrates the Insolvency Practice Schedule (references in rules 1.3, 1.4, 15A.1–15A.4, and rules implementing article 15 and article 19/21 procedures). Multiple amendment and insertion footnotes in the text (for example, insertions marked 'Ins 2008 (455)' and substitutions/amendments marked 'Subst 2019 (161)') indicate that the Rules have been broadened to cover cross‑border recognition, designated persons (Forms 19–23) and additional remuneration and review procedures (rules 9.2A, 15A.3–15A.9). Mechanically, these additions add cross‑border recognition steps (statements and affidavits for foreign representatives), consent‑to‑act filings for registered liquidators in cross‑border matters, and specific publication/notice requirements for foreign recognition and relief (rules 15A.3–15A.8)."},"complexity_factors":["Extensive cross‑references to primary statutes and other instruments (Corporations Act, ASIC Act, Corporations Regulations, Insolvency Practice Schedule and the Model Law) (see rules 1.3, 1.4, 15A.2).","Numerous named procedural forms and schedules (Schedule 1 forms 1–23) with content obligations and 'substantial compliance' rule (rules 1.6, 1.7 and Schedule 1).","Multiple, differing timeframes and notice periods across Divisions (e.g. 5 days for originating process service, 3 days for interlocutory processes, 8 days for examination service, 21 days for remuneration notices) (rules 2.7, 11.4, rules 9.1–9.3, Forms 16/16A).","Frequent 'Unless the Court otherwise orders' clauses and a general Court power to give directions create branching procedural paths (rule 1.8 and many rules).","Separate procedures for specialist roles (liquidators, provisional liquidators, receivers, special managers, external administrators) including consent, reporting and remuneration steps (Divisions 6–9, Forms 8, 16, 19).","Confidentiality and special handling rules for examinations and cross‑border insolvency matters increase procedural safeguards and handling complexity (rules 11.3(4)/(7), 11.8, Division 15A).","Publication and service obligations that vary by type of application and actor create operational complexity (rules 3.4, 5.6, 5.11, 6.2, 15A.6–15A.7)."],"plain_english_summary":"What these Rules do, mechanically\n\n- These Rules set out the court procedure to be followed in the Supreme Court of New South Wales for matters brought under the Corporations Act 2001, the ASIC Act 2001 and (in Division 15A) the Cross‑Border Insolvency Act (see rules 1.3 and 15A.1). They specify which Court forms to use, filing and service steps, time limits, notice and publication requirements, affidavit and evidence requirements, and particular steps for insolvency‑related processes (winding up, provisional liquidators, liquidators, receivers, special managers, remuneration applications, examinations and cross‑border recognition) (see Divisions 2–11, 15A).\n\nWho is affected\n\n- Parties starting or defending proceedings under the listed Acts (plaintiffs, applicants, defendants, respondents) must file specified originating or interlocutory processes in the prescribed forms (rules 2.2, 2.1, Schedule 1).  \n- Corporations, their officers, creditors, contributories, liquidators, provisional liquidators, receivers, external administrators, special managers and foreign representatives are all subject to the procedural rules in the relevant Divisions (see rules 1.5 for definitions and Division headings).  \n- ASIC is expressly identified as a recipient of certain notices and must be served in a number of proceedings (see rules 2.8, 12.1 and many Divisional provisions).  \n\nWhy it matters (stated purpose and the mechanical effects)\n\n- Stated purpose: to prescribe the practice and procedure the Court will follow in corporate and insolvency matters brought under the named Acts (rule 1.3; Division 15A).  \n- Mechanical effect: the Rules impose concrete steps and timing for filing, supporting affidavits, service, publication and disclosure; they set form content and specify who must be given notice (examples below). These procedural requirements determine what a party must do to present or resist applications and shape the information available to creditors, regulators and the Court.\n\nKey mechanisms and where they impose burdens or create options\n\n- Forms and substantial compliance: prescribed forms in Schedule 1 must be used, but documents that are \"substantially in accordance\" with a form are accepted (rule 1.6; rule 1.7). This reduces the risk of technical rejection but still obliges parties to follow the prescribed templates.\n\n- Filing and support: most originating and interlocutory processes must be supported by affidavits stating the facts (rule 2.4). For certain insolvency filings, the supporting affidavit must include or be accompanied by an ASIC search extract carried out no earlier than seven days before filing (rule 2.4(2); rule 2.4A for s 459G applications).\n\n- Service and notice periods: the Rules fix minimum service timeframes that create predictable lead times: at least 5 days' service for originating processes before hearing and at least 3 days for interlocutory processes (rule 2.7). Special notice periods are required for remuneration and review applications (notices under Form 16/16A require at least 21 days' advance service—see rules 9.1, 9.2, 9.3 and Forms 16/16A).\n\n- Publication and disclosure obligations: certain applications must be published in a daily newspaper circulating in the relevant State or Territory (meetings under s 411—rule 3.4; notices of winding up—rule 5.6; liquidator appointment or winding up notices—rules 5.11, 6.2; cross‑border notices—rules 15A.6–15A.7). The party named in the rule (plaintiff or liquidator) is the one who must publish.\n\n- ASIC as a notice recipient: for a list of specified applications the applicant must serve ASIC a copy of the originating or interlocutory process and supporting affidavit a reasonable time before hearing (rule 2.8; see table in rule 2.8 for the specific Corporations Act provisions).\n\n- Court discretion and directions: the Court may give directions whenever existing provisions do not adequately provide for practice or a difficulty or doubt arises (rule 1.8). Many rules start \"Unless the Court otherwise orders\", preserving judicial flexibility (see e.g. rules 1.3, 2.2, 2.4, 3.3, 15A.3).\n\n- Confidentiality and examination procedure: applications for examination summonses have protective handling and confidentiality provisions (examination applications filed in sealed envelopes and may be marked confidential when emailed—rule 11.3(4)/(4A)); records and transcripts of many examinations or inquiries are not available for inspection except by leave of the Court or with the consent of the liquidator or ASIC (rules 11.3(7) and 11.8(1)). Service of an examination summons must be personal or as the Court directs at least 8 days before the examination (rule 11.4).\n\n- Appointment and consent of liquidators/external administrators: where a Court will appoint a registered liquidator (including as provisional liquidator) the written consent of that registered liquidator in Form 8 (or Form 19 for designated persons in cross‑border matters) must be filed (rules 5.5, 6.1, 15A.5 and Forms 8, 19). The consent form requires disclosure of relevant relationships and time–cost rates (Form 8, Form 19).\n\n- Remuneration procedures and stakeholder notice: procedures for fixing or reviewing remuneration of receivers, provisional liquidators, external administrators and special managers require advance notices to specified creditor classes and permit objections within fixed periods; if no objections are received the applicant may seek that the Court deal with the matter in private (see rules 9.1, 9.2, 9.3, 9.5 and Forms 16/16A).\n\nWho pays and who decides (concrete allocations in the Rules)\n\n- Publication: where the Rules require publication, the plaintiff or the liquidator (as specified in each rule) bears the publication step and the likely cost of placing the advertisement (see rules 3.4(2), 5.6(1), 5.11(3), 6.2(3), 15A.6(1)(b)).  \n- Security costs for special managers: costs of furnishing security for a special manager are treated as the special manager’s personal expenses and must not be charged against company property unless the Court directs otherwise (rule 8.2(2)).  \n- Costs of attendance by non‑parties: if the Court grants leave to a creditor, contributory or officer to be heard without becoming a party and that attendance causes additional costs, the Court may order that person to pay those costs (rule 2.13(2)).  \n- Court decision‑making: the Court (or Registrar where specified) fixes hearing dates, may give directions, and may exercise broad discretion (rule 2.3, rule 1.8 and many \"Unless the Court otherwise orders\" clauses). The Court may also delegate certain powers to liquidators subject to control (rule 7.10).\n\nCompliance burden, incentives and trade‑offs created by the Rules (mechanisms rather than value judgments)\n\n- The Rules create specific administrative steps (forms, affidavits, ASIC searches, publication, time windows) that parties must satisfy to have their matters heard. These steps impose direct costs (time, affidavit preparation, publication expense, ASIC search) and create deadlines parties must meet (see rules 2.4, 2.7, 5.4, 9.1–9.3, 11.4).  \n- The Rules also provide procedural channels that shift decision points to particular actors: for example, a liquidator must notify and provide forms for s 475 reports (rule 7.3), must serve notice to creditors for remuneration applications (rules 9.1–9.3), and must lodge court orders with ASIC (rules 3.5, 6.2). These provisions allocate information to creditors, the Court and ASIC and set up procedures for objections and review.  \n- Court flexibility (wide \"otherwise orders\" language and rule 1.8) means parties can seek departures from standard steps, but that option requires judicial approval and may require additional litigation steps to obtain.\n\nImplementation and compliance risks explicitly created by the Rules\n\n- Strict time bars and service/publication obligations create a risk that failure to comply will affect the ability to proceed or to obtain relief (see rules 2.7, 5.6, 9.1–9.3, 11.4).  \n- Confidentiality rules around examination materials (11.3(7), 11.8) require special handling and may limit access to records without Court leave or consent.  \n- Cross‑border procedures (Division 15A) require additional documentary statements, particular service steps and consent/consent‑to‑act filings for designated persons (rules 15A.3–15A.8 and Forms 19–23), adding procedural complexity where foreign representatives are involved.\n\nPractical takeaways (who does what, where the obligations fall)\n\n- If you start or defend a corporate or insolvency application in this Court: use the prescribed form (Schedule 1), file supporting affidavits as required (rule 2.4), observe the service and publication timeframes (rule 2.7, 3.4, 5.6), consider ASIC service requirements (rule 2.8), and be prepared for possible Court directions altering these steps (rule 1.8).  \n- If you are a liquidator, provisional liquidator, receiver, external administrator or special manager: you will need to comply with the consent, notification, reporting and remuneration procedures set out in the relevant rules (Divisions 6–9 and Forms 8, 16).  \n\nPrimary rules cited: rules 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 2.2–2.9, 2.12, 2.13, 2.14, 3.2–3.5, 4.1–4.2, 5.1–5.11, 6.1–6.2, 7.2–7.11, 8.1–8.3, 9.1–9.5, 10.1–10.3, 11.2–11.11, 11A.1, 12.1–12.3, 14.1, 15.1, 15A.1–15A.9 and the Schedule 1 forms."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-corporations-rules-1999","history":"/api/acts/supreme-court-corporations-rules-1999/history","analysis":"/api/acts/supreme-court-corporations-rules-1999/analysis","conflicts":"/api/acts/supreme-court-corporations-rules-1999/conflicts","importantCases":"/api/acts/supreme-court-corporations-rules-1999/important-cases","documents":"/api/acts/supreme-court-corporations-rules-1999/documents"}}