Part 61 Corporations Rules—preliminary 1147

Part 6.1 Corporations Rules—preliminary 1147 1.1 Name of rules 1147 1.2 1147 1.3 Application of sch 6 and provisions of these rules 1147 1.4 Terms used in Corporations Act 1148 1.5 Definitions—sch 6 1149 1.6 References to rules 1150 1.7 Substantial compliance with forms 1150 Page contents 68 Court Procedures Rules 2006 1.8 Court’s power to give directions 1150 1.9 Calculation of time 1150 1.10 Extending and shortening of time 1151 Part 6.2 Proceedings generally 1152 2.1 Title of documents in a proceeding 1152 2.2 Originating process and interlocutory process 1152 2.3 Setting of hearing 1153 2.4 Supporting affidavits 1153 2.4A Application for order setting aside statutory demand (Corporations Act, s 459G) 1154 2.5 Affidavits made by creditors 1154 2.6 Form of affidavits 1155 2.7 Service of originating process or interlocutory process and supporting affidavit 1155 2.8 Notice of certain applications to be given to ASIC 1156 2.9 Notice of appearance (Corporations Act, s 465C) 1157 2.10 Intervention in proceeding by ASIC (Corporations Act, s 1330) 1158 2.12 Proof of publication 1158 2.13 Leave to creditor, contributory or officer to be heard 1159 2.14 Inquiry in relation to corporation’s debts etc 1160 2.15 Meetings ordered by the court 1160 Part 6.3 Compromises and arrangements in relation to Part 5.1 bodies 1161 3.1 Application—pt 1.3 1161 3.2 Nomination of chairperson for meeting 1161 3.3 Order for meetings to identify proposed scheme 1162 3.4 Notice of hearing (Corporations Act, s 411 (4) and s 413 (1)) 1162 3.5 Copy of order approving compromise or arrangement to be lodged with ASIC 1163 Part 6.4 Receivers and other controllers of corporation property (Corporations Act, pt 5.2) 1164 4.1 Inquiry into conduct of controller (Corporations Act, s 423) 1164 Part 6.5 Winding-up proceedings (including oppression proceedings where winding-up is sought) 1165 5.1 Application—pt 6.5 1165 Page contents 69 5.2 Affidavit accompanying statutory demand (Corporations Act, s 459E (3)) 1165 5.3 Application for leave to apply for winding-up in insolvency (Corporations Act, s 459P (2)) 1165 5.4 Affidavit in support of application for winding-up (Corporations Act, s 459P, s 462, s 464) 1166 5.5 Consent of liquidator (Corporations Act, s 532 (9)) 1166 5.6 Notice of application for winding-up 1167 5.7 Applicant to make copies of documents available 1168 5.8 Discontinuance of application for winding-up 1168 5.9 Appearance before registrar 1168 5.10 Order substituting plaintiff in application for winding-up (Corporations Act, s 465B) 1168 5.11 Notice of winding-up order and appointment of liquidator 1169 Part 6.6 Provisional liquidators (Corporations Act, pt 5.4B) 1170 6.1 Appointment of provisional liquidator (Corporations Act, s 472) 1170 6.2 Notice of appointment of provisional liquidator 1170 Part 6.7 Liquidators 1172 7.1 Resignation of liquidator (Corporations Act, s 473 (1)) 1172 7.2 Filling vacancy in office of liquidator (Corporations Act, s 473 (7), s 502) 1172 7.3 Report to liquidator as to company’s affairs (Corporations Act, s 475) 1172 7.4 Liquidator to file certificate and copy of settled list of contributories (Corporations Act, s 478) 1173 7.5 Release of liquidator and deregistration of company (Corporations Act, s 480 (c) and (d)) 1173 7.6 Objection to release of liquidator 1176 7.7 Report on accounts of liquidator (Corporations Act, s 481) 1177 7.8 Application for payment of call (Corporations Act, s 483 (3) (b)) 1177 7.9 Distribution of surplus by liquidator with special leave of the court (Corporations Act, s 488 (2)) 1178 7.10 Powers delegated to liquidator by the court (Corporations Act, s 488) 1178 7.11 Inquiry into conduct of liquidator (Corporations Act, s 536 (1) and (2)) 1178 Part 6.8 Special managers (Corporations Act, pt 5.4B) 1180 8.1 Application for appointment of special manager (Corporations Act, s 484) 1180 Page contents 70 Court Procedures Rules 2006 8.2 Security given by special manager (Corporations Act, s 484) 1180 8.3 Special manager’s receipts and payments (Corporations Act, s 484) 1181 Part 6.9 Remuneration of office-holders 1182 9.1 Remuneration of receiver (Corporations Act, s 425 (1)) 1182 9.2 Determination by court of remuneration of administrator (Corporations Act, s 449E (1) (c) and (1A) (c)) 1184 9.2A Review of remuneration of administrator (Corporations Act, s 449E (2))1186 9.3 Remuneration of provisional liquidator (Corporations Act, s 473 (2)) 1188 9.4 Determination by court of liquidator’s remuneration (Corporations Act, s 473 (3) (b) (ii)) 1191 9.4A Review of remuneration of liquidator (Corporations Act, s 473 (5) and (6) and s 504 (1)) 1193 9.5 Remuneration of special manager (Corporations Act, s 484 (2)) 1196 Part 6.10 Winding-up generally 1199 10.1 Determination of value of debts or claims (Corporations Act, s 554A (2)) 1199 10.2 Disclaimer of contract (Corporations Act, s 568 (1A)) 1199 10.3 Winding-up Part 5.7 bodies (Corporations Act s 583, s 585) and registered schemes (Corporations Act, s 601ND) 1199 Part 6.11 Examinations and orders (Corporations Act, pt 5.9, div 1 and div 2) 1200 11.1 Meaning of examination summons in pt 6.11 1200 11.2 Application for examination or investigation under Corporations Act, s 411 (9) (b), s 423 or s 536 (3) 1200 11.3 Application for examination summons (Corporations Act, s 596A, s 596B) 1201 11.4 Service of examination summons 1202 11.5 Discharge of examination summons 1202 11.6 Filing of record of examination (Corporations Act, s 597 (13)) 1202 11.7 Authentication of transcript of examination (Corporations Act, s 597 (14)) 1203 11.8 Inspection of record or transcript of examination or investigation under Corporations Act, s 411, s 423 or s 536 1203 11.9 Entitlement to record or transcript of examination held in public 1203 11.10 Default in relation to examination 1204 Page contents 71 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act, s 598) 1205 Part 6.11A Warrants (Corporations Act, s 486B and pt 5.4B, div 3, subdiv B) 1206 11A.1 Arrest of person (Corporations Act, s 486B) 1206 Part 6.12 Takeovers, acquisitions of shares and other matters (Corporations Act, chs 6, 6A, 6B, 6C, 6D and 7) and securities (Corporations Act, ch 7) 1207 12.1 Service on ASIC in relation to proceedings under Corporations Act, ch 6, 6A, 6B, 6C, 6D or 7 1207 12.1A Reference to court of question of law arising in proceeding before Takeovers Panel (Corporations Act, s 659A) 1207 12.1B Notification to court if proceeding started before end of takeover bid period (Corporations Act, s 659B) 1207 12.2 Application for summons for appearance of person (Corporations Act, s 1071D (4)) 1208 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act, s 1071F) 1208 Part 6.13 1209 Part 6.14 Powers of courts (Corporations Act, pt 9.5) 1210 14.1 Appeal from act, omission or decision of administrator, receiver or liquidator etc (Corporations Act, s 554A, s 1321) 1210 Part 6.15 Proceedings under ASIC Act 1212 15.1 Reference to court of question of law arising at hearing of ASIC (ASIC Act, s 61) 1212 15.2 1212 15.3 Application for inquiry (ASIC Act, s 70, s 201, s 219) 1212 Part 6.15A Proceedings under the Cross-Border Insolvency Act 1213 15A.1 Application—pt 6.15A and other rules 1213 15A.2 Terms used in Cross-Border Insolvency Act 1213 15A.3 Application for recognition 1215 15A.4 Application for provisional relief under Model Law, art 19 1216 15A.5 Liquidator’s consent to act 1216 Page contents 72 Court Procedures Rules 2006 15A.6 Notice of filing application for recognition 1217 15A.7 Notice of order for recognition, withdrawal etc 1217 15A.8 Relief after recognition 1218 15A.9 Application to modify or terminate order for recognition or other relief 1219 15A.10 Cooperation involving court to be under coordination agreement 1220 15A.11 Application for approval of coordination agreement 1222 15A.12 Appointment of independent intermediary 1223 15A.13 Starting proceeding after recognition of a foreign main proceeding 1224