2 The amendment to section 425 of the Corporations Act made by the
Corporations Amendment (Insolvencies) Act 2007 applies in relation to a
receiver appointed on or after 31 December 2007 – see Corporations Act
s 1480(5).
(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:
(a) the person who appointed the receiver;
(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);
(c) any administrator, liquidator or provisional liquidator of the
corporation;
(d) any administrator of a deed of company arrangement
executed by the corporation;
(e) if there is no person of the kind mentioned in paragraph (c)
or (d):
(i) each of the 5 largest (measured by amount of debt)
unsecured creditors of the corporation; and
(ii) each member of the corporation whose shareholding
represents at least 10 per cent of the issued capital of
the corporation.
Corporations Law Rules 2000 27
(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.
(4) If the receiver does not receive a notice of objection within the
period mentioned in subrule (3):
(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:
to be served under subrule (2) were served; and
(ii) that the receiver has not received any notice of objection
to the remuneration claimed within the period mentioned
in subrule (3);
(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
(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.
(6) An affidavit in support of the originating process, or interlocutory
process, seeking the order must:
subsection 425(8) of the Corporations Act; and
performed by the receiver; and
by the receiver; and
(e) state particulars of any objection of which the receiver has
received notice; and
Corporations Law Rules 2000 28
(f) if the receivership is continuing – give details of any matters
delaying the completion of the receivership.
9.2 Determination by Court of remuneration of administrator
(Corporations Act s 449E(1)(c) and (1A)(c)) – Form 16
(1) This rule applies to an application by the administrator of a
company under administration, or of a deed of company
arrangement, for an order under paragraph 449E(1)(c) or (1A)(c) of
the Corporations Act determining the administrator's remuneration.
(2) At least 21 days before filing an originating process, or interlocutory
process, seeking the order, the administrator must serve a notice in
accordance with Form 16 of the administrator's intention to apply for
the order, and a copy of any affidavit on which the administrator
intends to rely, on the following persons:
(a) each creditor who was present, in person or by proxy, at any
meeting of creditors;
(b) each member of any committee of creditors or committee of
inspection;
(c) if there is no committee of creditors or committee of
inspection, and no meeting of creditors has been convened
and held, each of the 5 largest (measured by amount of debt)
creditors of the company;
(d) each member of the company whose shareholding represents
(3) Within 21 days after the last service of the documents mentioned in
subrule (2), any creditor or contributory may give to the
administrator a notice of objection to the remuneration claimed,
stating the grounds of objection.
(4) If the administrator does not receive a notice of objection within the
period mentioned in subrule (3):
(a) the administrator may file an affidavit, made after the end of
that period, in support of the originating process, or
interlocutory process, seeking the order stating:
to be served under subrule (2) were served; and
(ii) that the administrator has not received any notice of
mentioned in subrule (3); and
Corporations Law Rules 2000 29
(b) the administrator 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 administrator; and
(5) If the administrator receives a notice of objection within the period
mentioned in subrule (3), the administrator must serve a copy of the
originating process, or interlocutory process, seeking the order on
each creditor or contributory who has given a notice of objection.
(6) An affidavit in support of the originating process, or interlocutory
process, seeking the order must:
subsection 449E(4) of the Corporations Act; and
performed by the administrator; and
by the administrator; and
(e) state particulars of any objection of which the administrator
has received notice; and
(f) if the administration is continuing – give details of any matters
delaying the completion of the administration.
9.2A Review of remuneration of administrator (Corporations
Act s 449E(2))
(1) This rule applies to an application for review of the amount of the
remuneration of an administrator under subsection 449E(2) of the
The amendment to section 449E of the Corporations Act made by the
Corporations Amendment (Insolvency) Act 2007 applies in relation to an
administrator appointed on or after 31 December 2007 – see Corporations Act
s 1480(6).
(2) The application may be made only after the remuneration has been
determined under paragraph 449E(1)(a) or (b) or (1A)(a) or (b) of
the Corporations Act.
(3) At least 21 days before filing the originating process, or the
interlocutory process, applying for a review, the plaintiff or applicant
Corporations Law Rules 2000 30
must serve a notice, in accordance with Form 16A, of intention to
apply for the review and a copy of any affidavit on which the plaintiff
or applicant intends to rely (other than an affidavit required by
subrule (9)), on the following persons:
(a) if there is a committee of creditors or a committee of
inspection – each member of the committee;
(b) if the remuneration of the administrator was determined by the
creditors – each creditor who was present, in person or by
proxy, at the meeting of creditors at which the remuneration
was determined;
subrule (3), any person on whom the notice has been served may
serve on the plaintiff or applicant a notice:
(a) stating the person’s intention to appear at the hearing of the
application for review; and
(b) setting out the issues that the person seeks to raise before the
(5) A person mentioned in subrule (3) is entitled to be heard on the
application for review, but only (unless the Court otherwise orders)
if the person has served on the plaintiff or applicant a notice in
accordance with subrule (4).
(6) If the plaintiff or applicant is served with a notice in accordance with
subrule (4), the plaintiff or applicant must serve a copy of the
originating process or interlocutory process applying for the review
on each person who has served such a notice.
(7) The administrator must file an affidavit stating the following matters:
(a) the matters mentioned in subsection 449E(4) of the
Corporations Act;
(b) the nature of the work performed or likely to be performed by
the administrator;
(c) the amount of remuneration claimed by the administrator if
that amount is different from the amount of remuneration that
has been determined;
(d) a summary of the receipts taken and payments made by the
administrator;
Corporations Law Rules 2000 31
(e) particulars of any objection to the remuneration as
determined, of which the administrator has received notice;
(f) if the administration is continuing – details of any matters
delaying the completion of the administration.
(8) The affidavit mentioned in subrule (7) must annex a copy of the
report that the administrator was required to prepare before
remuneration was determined.
(9) The plaintiff or applicant must:
(a) file an affidavit stating whether any notice or notices under
subrule (4) has or have been served; and
(b) annex or exhibit to the affidavit a copy of any such notice.
9.3 Remuneration of provisional liquidator (Corporations Act
s 473(2)) – Form 16
(1) This rule applies to an application by a provisional liquidator of a
company for an order under subsection 473(2) of the Corporations
Act determining the provisional liquidator's remuneration.
(2) The application must be made by interlocutory process in the
winding up proceeding.
order, the provisional liquidator must serve a notice in accordance
with Form 16 of the provisional liquidator's intention to apply for the
order, and a copy of any affidavit on which the provisional liquidator
intends to rely, on the following persons:
(a) any liquidator (except the provisional liquidator) of the
company;
(b) each member of any committee of inspection or, if there is no
committee of inspection, each of the 5 largest (measured by
amount of debt) creditors of the company;
at least 10 per cent of the issued capital of the company.
subrule (3), the liquidator, or any creditor or contributory, may give
to the provisional liquidator a notice of objection to the remuneration
claimed, stating the grounds of objection.
Corporations Law Rules 2000 32
(5) If the provisional liquidator does not receive a notice of objection
within the period mentioned in subrule (4):
(a) the provisional liquidator may file an affidavit, made after the
end of that period, in support of the interlocutory process
seeking the order stating:
(ii) that the provisional liquidator has not received any notice
of objection to the remuneration claimed within the
period mentioned in subrule (4);
(b) the provisional liquidator may endorse the 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 provisional liquidator; and
(6) If the provisional liquidator receives a notice of objection within the
period mentioned in subrule (4), the provisional liquidator must
serve a copy of the interlocutory process seeking the order:
(a) on each creditor or contributory who has given a notice of
objection; and
(b) on the liquidator (if any).
(7) An affidavit in support of the interlocutory process seeking the order
must:
(a) state the nature of the work performed or likely to be
performed by the provisional liquidator;
(b) state the amount of remuneration claimed;
(c) include a summary of the receipts taken and payments made
by the provisional liquidator;
(d) state particulars of any objection of which the provisional
liquidator has received notice; and
(e) if the winding up proceeding has not been determined – give
details of:
(i) any reasons known to the provisional liquidator why the
winding up proceeding has not been determined; and
Corporations Law Rules 2000 33
(ii) any reasons why the provisional liquidator's
remuneration should be determined before the
determination of the winding up proceeding.
(8) The affidavit must also provide evidence of the matters mentioned
in subsection 473(10) of the Corporations Act:
(a) to the extent that they may be relevant to a provisional
liquidator; and
(b) as if references in that subsection to a liquidator were
references to a provisional liquidator.
9.4 Determination by Court of liquidator’s remuneration
(Corporations Act s 473(3)(b)(ii))
(1) This rule applies to an application by a liquidator of a company for
an order under subparagraph 473(3)(b)(ii) of the Corporations Act
determining the liquidator's remuneration.
The amendment to section 473 of the Corporations Act made by the
Corporations Amendment (Insolvency) Act 2007 applies in relation to a liquidator
appointed on or after 31 December 2007 – see Corporations Act s 1480(7).
(2) The application:
(a) must be made by interlocutory process in the winding up
proceeding; and
(b) must not be made until after the date of the meeting of
creditors mentioned in subsection 473(4) of the Corporations
Act.
order, the liquidator must serve a notice in accordance with
Form 16 of the liquidator's intention to apply for the order, and a
copy of any affidavit on which the liquidator intends to rely, on the
following persons:
(a) each creditor who was present, in person or by proxy, at any
meeting of creditors at which the remuneration of the liquidator
was considered;
(b) each member of any committee of inspection;
(c) if there is no committee of inspection, and no meeting of
creditors has been convened and held – each of the 5 largest
(measured by amount of debt) creditors of the company;
Corporations Law Rules 2000 34
(d) each member of the company whose shareholding represents
subrule (3), any creditor or contributory may give to the liquidator a
notice of objection to the remuneration claimed, stating the grounds
of objection.
(5) If the liquidator does not receive a notice of objection within the
period mentioned in subrule (4):
(a) the liquidator may file an affidavit, made after the end of that
period, in support of the interlocutory process seeking the
order stating:
(ii) that the liquidator has not received any notice of
mentioned in subrule (4);
(b) the liquidator may endorse the 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
liquidator; and
(6) If the liquidator receives a notice of objection within the period
mentioned in subrule (4), the liquidator must serve a copy of the
interlocutory process seeking the order on each creditor or
contributory who has given a notice of objection.
(7) An affidavit in support of the interlocutory process seeking the order
must:
subsection 473(10) of the Corporations Act; and
performed by the liquidator; and
by the liquidator; and
(e) state particulars of any objection of which the liquidator has
received notice; and
Corporations Law Rules 2000 35
(f) if the winding up is continuing – give details of any matters
delaying the completion of the winding up.
9.4A Review of remuneration of liquidator (Corporations Act
s 473(5) and (6) and 504(1))
(1) This rule applies to an application for review of the amount of the
remuneration of a liquidator under subsection 473(5) or (6)
or 504(1) of the Corporations Act.
The amendment to section 504 of the Corporations Act made by the
Corporations Amendment (Insolvency) Act 2007 applies in relation to a liquidator
appointed on or after 31 December 2007 – see Corporations Act s 1480(7).
(2) The application may be made only after remuneration has been
determined under paragraph 473(3)(a) or
subparagraph 473(3)(b)(i), or fixed under subsection 495(1)
or 499(3), of the Corporations Act.
(3) At least 21 days before filing the originating process or interlocutory
process applying for a review, the plaintiff or applicant must serve a
notice, in accordance with Form 16A, of intention to apply for the
review and a copy of any affidavit on which the plaintiff or applicant
intends to rely (other than an affidavit required by subrule (9)), on
the following persons:
(a) if there is a committee of inspection – each member of the
committee;
(b) if the remuneration of the liquidator was determined or fixed by
the creditors – each creditor who was present, in person or by
proxy, at the meeting of creditors at which the remuneration
was determined or fixed;
subrule (3), any person on whom the notice has been served may
serve on the plaintiff or applicant a notice:
(a) stating the person’s intention to appear at the hearing of the
application for review; and
(b) setting out the issues that the person seeks to raise before the
Corporations Law Rules 2000 36
(5) A person mentioned in subrule (3) is entitled to be heard on the
application for review, but only (unless the Court otherwise orders)
if the person has served on the plaintiff or applicant a notice in
accordance with subrule (4).
(6) If the plaintiff or applicant is served with a notice in accordance with
subrule (4), the plaintiff or applicant must serve a copy of the
originating process or interlocutory process applying for the review
on each person who has served such a notice.
(7) The liquidator must file an affidavit stating the following matters:
(a) for an application under subsection 473(5) or (6) of the
Corporations Act – the matters mentioned in
subsection 473(10) of the Corporations Act;
(b) for an application under subsection 504(1) of the Corporations
Act – the matters mentioned in subsection 504(2) of the
Corporations Act;
(c) the nature of the work performed or likely to be performed by
the liquidator;
(d) the amount of remuneration claimed by the liquidator if that
amount is different from the amount of remuneration that has
been determined or fixed;
(e) a summary of the receipts taken and payments made by the
liquidator;
(f) particulars of any objection to the remuneration as determined
or fixed of which the liquidator has received notice;
(g) if the winding up is continuing – details of any matters delaying
the completion of the winding up.
(8) The affidavit under subrule (7) must annex a copy of the report that
the liquidator was required to prepare before remuneration was
determined or fixed.
Note for subrule (8)
For the requirement to prepare a report, see subsections 473(11) and (12),
495(5) and 499(6) and (7) of the Corporations Act.
(9) The plaintiff or applicant must:
(a) file an affidavit stating whether any notice or notices under
subrule (4) has or have been served; and
(b) annex or exhibit to the affidavit a copy of any such notice.
Corporations Law Rules 2000 37
9.5 Remuneration of special manager (Corporations Act s 84(2)) –
Form 16
(1) This rule applies to an application by a special manager of the
property or business of a company for an order under
subsection 484(2) of the Corporations Act fixing the special
manager's remuneration.
(2) The application must be made by interlocutory process in the
winding up proceeding.
order, the special manager must serve a notice in accordance with
Form 16 of the special manager's intention to apply for the order,
and a copy of any affidavit on which the special manager intends to
rely, on the following persons:
(a) the liquidator of the company;
(b) each member of any committee of creditors or committee of
inspection or, if there is no committee of creditors or
committee of inspection, each of the 5 largest (measured by
amount of debt) creditors of the company;
at least 10 per cent of the issued capital of the company.
subrule (3), the liquidator, or any creditor or contributory, may give
to the special manager a notice of objection to the remuneration
claimed, stating the grounds of objection.
(5) If the special manager does not receive a notice of objection within
the period mentioned in subrule (4):
(a) the special manager may file an affidavit, made after the end
of that period, in support of the interlocutory process seeking
the order stating:
(ii) that the special manager has not received any notice of
mentioned in subrule (4);
(b) the special manager may endorse the 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 special manager; and
Corporations Law Rules 2000 38
(6) If the special manager receives a notice of objection within the
period mentioned in subrule (4), the special manager must serve a
copy of the interlocutory process seeking the order:
(a) on each creditor or contributory who has given a notice of
objection; and
(b) on the liquidator.
(7) The affidavit in support of the interlocutory process seeking the
order must:
(a) state the nature of the work performed or likely to be
performed by the special manager;
(b) state the amount of remuneration claimed;
(c) include a summary of the receipts taken and payments made
by the special manager;
(d) state particulars of any objection of which the special manager
has received notice; and
(e) if the special management is continuing – give details of any
matters delaying the completion of the special management.
10.1 Determination of value of debts or claims (Corporations Act
s 554A(2))
A reference to the Court by a liquidator of a company under
paragraph 554A(2)(b) of the Corporations Act must be made:
(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
(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.
Corporations Law Rules 2000 39
10.2 Disclaimer of contract (Corporations Act s 568(1A))
(1) The affidavit in support of an application by a liquidator, under
subsection 568(1A) of the Corporations Act, for leave to disclaim a
contract in relation to a company must:
(a) specify the persons interested, and their interests, under the
contract; and
(b) state the facts on which it is submitted that the contract should
be disclaimed.
(2) The liquidator must serve the affidavit on each party to the contract
(except the company) and on any person interested in the contract.
10.3 Winding up Part 5.7 bodies (Corporations Act s 583, s 585) and
registered schemes (Corporations Act s 601ND)
These Rules apply, with any necessary adaptations, and in the
same way as they apply to a company, in relation to the winding up
of a Part 5.7 body or a registered scheme.
Division 11 Examinations and orders (Corporations Act
Part 5.9 Divisions 1 and 2)
11.1 Definition for Division 11
In this Division, 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.
11.2 Application for examination or investigation under s 411(9)(B),
s 423 or s 536 (3) of the Corporations Act
(1) An application for an order for the examination or investigation of a
person under paragraph 411(9)(b), section 423 or
subsection 536(3) of the Corporations Act may be made by:
(a) ASIC;
(b) a person authorised by ASIC;
(c) a creditor or contributory; or
(d) any other person aggrieved by the conduct of:
(i) a person appointed to administer a compromise or
arrangement;
(ii) a controller; or
Corporations Law Rules 2000 40
(iii) a liquidator or provisional liquidator.
(2) The application may be made without notice to any person.
(3) The provisions of this Division that apply to an examination under