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.
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.
Corporations Law Rules 2000 70
Schedule B
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
Corporations Law Rules 2000 71
Form 15 Notice of application for leave to distribute a
surplus
(rule 7.9)
IN THE [name of Court and address]
APPLICATION NO:
On . . . . . . . . at . . . . . . . ., the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
Any person intending to appear at the hearing must file a notice of
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.
Name of liquidator: [name].
The liquidator's address for service is [address].
Signature of liquidator
Corporations Law Rules 2000 72
Form 16 Notice of intention to apply for remuneration
(rules 9.1, 9.2, 9.3, 9.4, 9.5)
TO: [name and address of person to whom notice is given]
TAKE NOTICE that, not less than 21 days after this notice is served on you, I,
[name and address], the *receiver/*administrator/*liquidator/*provisional
liquidator/*special manager of the above company, intend to apply to the
Court to determine my remuneration.
If 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.
Signature of *receiver/*administrator/*liquidator/
*provisional liquidator/*special manager
Corporations Law Rules 2000 73
Form 16A Notice of intention to apply for review of
remuneration
(rules 9.2A, 9.4A)
ACN or ABN: [ACN or ABN of company to which proceeding relates]
TO: [name and address of person to whom notice is given]
TAKE NOTICE that, not less than 21 days after this notice is served on you, I,
[name and address of plaintiff or applicant], *[the *administrator/*liquidator of
the above company,] intend to apply to the Court to review *the remuneration
of/*my remuneration as the *administrator/*liquidator of the above company.
The 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].
I intend to apply for an order to *confirm/*increase/*reduce the remuneration.
[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.]
If 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 rule *9.2A(4)/*9.4A(4) of the Corporations
Law Rules 2000, stating your intention to appear at the hearing and setting
out the issues that you seek to raise before the Court.
Signature of plaintiff or applicant
Corporations Law Rules 2000 74
Form 17 Summons for examination
(rule 11.3)
A. DETAILS OF SUMMONS
TO: [name and address of person to be examined]
You are summoned under *section 596A/*section 596B of the Corporations
Act to:
(a) attend before . . . . . . . . . . . . . . . . . . . . . . . . . . at [address of
Court] at . . . . . . . . *am/*pm on . . . . . . . ., and from day to day
until excused by the Court, to be examined on oath about the
examinable affairs of [name of corporation]; and
(b) *to produce at the examination the following books [specify
books – include in a schedule if necessary].
Registrar/Associate Judge
B. NOTICE TO PERSON TO BE EXAMINED
The 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.
If you do not attend the examination in accordance with this summons, without
reasonable cause, you may be arrested and imprisoned without further notice.
This summons is issued at the request of [name] whose address for service is
[address of person's legal practitioner or of person].
Corporations Law Rules 2000 75
Form 17A Arrest warrant
(Corporations Act s 486B and rule 11A.1)
TO: 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.
WHEREAS:
*[name of company] (the Company) is being wound up in insolvency;
*[name of company] (the Company) is being wound up by the Court;
*an application has been made for [name of company] (the Company) to be
wound up;
AND THE COURT IS SATISFIED THAT [name of person]:
*is about to leave [*the name of the jurisdiction/*Australia] in order to avoid:
*paying money payable to the company;
*being examined about the company’s affairs;
*complying with an order of the Court, or some other obligation, under
Chapter 5 of the Corporations Act in connection with the winding up;
*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;
*has destroyed, concealed or removed books of the Company or is about to
do so;
THIS 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.
THIS 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 the Registrar
until the Court makes an order for their disposal.
Judge
Corporations Law Rules 2000 76
Note for Form 17A
Section 489A of the Corporations Act 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.
Corporations Law Rules 2000 77
Form 18 Summons for appearance in relation to registration
of transfer of interests
(rule 12.2)
TO: [name and address]
You are required to appear before the . . . . . . . . . . . . . . . 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.
The address for service of the person applying for this summons is [address
of person's legal practitioner or of person].
Registrar
[description of document(s)]
Corporations Law Rules 2000 78
Form 19 Consent to act as designated person
(rule 15A.5)
I, [name], of [address], an official 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].
I 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.
The hourly 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/*realisation/*distribution, 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 hourly rates.
Signature of official liquidator
[description of hourly rate(s)]
Corporations Law Rules 2000 79
Form 20 Notice of filing of application for recognition of
foreign proceeding
(rule 15A.6)
An application under the Cross-Border Insolvency Act 2008 (Cth) 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
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
Any person intending to appear at the hearing must file a notice of
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.
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.
Name of plaintiff or plaintiff’s legal practitioner: [name]
Corporations Law Rules 2000 80
Form 21 Notice of making of order under the Cross-Border
Insolvency Act 2008 (Cth)
(rule 15A.7)
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 (Cth) in relation to
[name of company]: [insert details of order].
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
The name and address of the foreign representative is [insert name
and address].
*4. The name and address of the person entrusted with distribution of the
company’s assets is [insert name and address].
Name of plaintiff or plaintiff’s legal practitioner: [name]
Corporations Law Rules 2000 81
Form 22 Notice of dismissal or withdrawal of application for
recognition of foreign proceeding
(rule 15A.7)
TAKE NOTICE that the application under the Cross-Border Insolvency
Act 2008 (Cth) 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].
Name of person giving notice or of person’s legal practitioner: [name]
Corporations Law Rules 2000 82
Form 23 Notice of filing of application to modify or
terminate an order for recognition or other relief
(rule 15A.9)
*1. An application under the Cross-Border Insolvency Act 2008 (Cth) 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
*1. An application under the Cross-Border Insolvency Act 2008 (Cth) 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.
2. The applicant’s address for service is [name and address of applicant’s
legal practitioner or of applicant].
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.
Name of applicant or applicant’s legal practitioner: [name]
Corporations Law Rules 2000 83
(rules 2.2, 2.4 and 5.4)
Note 1 – see rule 2.2 (Form 2 Part C)
C. APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY
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.
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.]
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.]
[If the demand was varied by order under subsection 459H (4) of the
Corporations Act]
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.
Note 2 – see rule 2.4 and subrule 5.4(2) (Affidavit in support)
*AFFIDAVIT IN SUPPORT/*AFFIDAVIT IN SUPPORT OF APPLICATION FOR WINDING
UP IN INSOLVENCY
I, [name] of [address and occupation], make oath and say:
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.
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.
Corporations Law Rules 2000 84
3. [Where the defendant is registered or taken to be registered in a State or Territory
other than that of this Registry, state any facts – apart from the defendant's principal
place of business – which bear upon jurisdiction being exercised in the State or
Territory of this Registry, rather than in another State or Territory.]
4. The following facts are within my own personal knowledge save as otherwise stated.
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.
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]].
7. The matters stated in the originating process concerning the demand and failure of
the defendant to comply with it are true and correct.
8. The sum demanded remains due and payable by the defendant to me [or the
Corporations Law Rules 2000 85
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Corporations Law Rules (SL No. 40, 2000)
Notified 12 July 2000
Commenced 1 September 2000 (Gaz G34, 30 August 2000, p 3)
Amendments of Corporations Law Rules (SL No. 35, 2001)
Notified 29 June 2001
Commenced 30 June 2001 (r 2)
Amendments of Corporations Law Rules (SL No. 60, 2003)
Notified 11 February 2004
Commenced 11 February 2004
Amendments of Corporations Law Rules (SL No. 30, 2004)
Notified 11 August 2004
Commenced 11 August 2004
Corporations Law Amendment Rules 2005 (SL No. 34, 2005)
Notified 12 October 2005
Commenced 12 October 2005
Corporations Law Amendment Rules 2007 (SL No. 29, 2007)
Notified 29 August 2007
Commenced 29 August 2007
Corporations Law Amendment Rules 2008 (SL No. 36, 2008)
Notified 17 December 2008
Commenced 17 December 2008
Corporations Law Amendment (Cross-Border Insolvency) Rules 2009 (SL No. 13, 2009)
Notified 10 June 2009
Commenced 10 June 2009
Corporations Law Rules 2000 86
Corporations Law Amendment Rules 2009 (SL No. 39, 2009)
Notified 16 December 2009
Commenced 16 December 2009
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Corporations Law Amendment Rules 2012 (SL No. 40, 2012)
Notified 28 November 2012
Commenced 28 November 2012
Corporations Law Amendment Rules 2013 (SL No. 32, 2013)
Notified 21 August 2013
Commenced 21 August 2013
Corporations Law Amendment Rules 2017 (SL No. 8, 2017)
Notified 26 April 2017
Commenced 26 April 2017
Corporations Law Amendment (Associate Judges) Rules 2017 (SL No. 31, 2017)
Notified 21 November 2017
Commenced 22 November 2017 (r 2, s 2 Supreme Court Amendment
(Associate Judges) Act 2017 (Act No. 18, 2017) and Gaz S84,
Section 4 - CORPORATIONS LAW RULES 2000 - The amount set out opposite the name of each contributory in column 6 | Zoe