CTHIn ForceLegislation
Federal Court (Corporations) Rules 2000
1I am the liquidator of \[name of company\] (the company).
Start here
Get a plain-English read of 1
Turn the raw legal text into a practical explanation grounded in Federal Court (Corporations) Rules 2000.
1 I am the liquidator of \[name of company\] (the company).
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.
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.
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.
\*Sworn/\*affirmed at: \[place of swearing or affirmation\] on \[date\]
OR
\*Sworn/\*affirmed by the above‑named deponent at: \[place of swearing or affirmation\] this day of \[month\] \[year\]
Signature of deponent
Before me:
Signature and designation of
person before whom deponent
swears or affirms affidavit
> Note The form of the opening words and the jurat of this affidavit may be changed to conform to the form of affidavit used in a particular State or Territory — see rule 2.6.
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 |
| -------------------------------- | ---- | ------- | --------------------------------------- | --------------------- | ---------------------------------- | -------------------- |
## Form 15—Notice of application for leave Form 15—Notice of application for leave to distribute a surplus
## 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 company.
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 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
## Form 16—Notice of intention to apply for Form 16—Notice of intention to apply for remuneration
## Form 16—Notice of intention to apply for remuneration
(rules 9.1, 9.2, 9.3, 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/\*external 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/\*external administrator/\*liquidator/
\*provisional liquidator/\*special manager
## Form 16A—Notice of intention to apply fo Form 16A—Notice of intention to apply for review of remuneration
## Form 16A—Notice of intention to apply for review of remuneration
(rule 9.2A)
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, \[name and address of plaintiff or applicant\], \*\[the \*external administrator/\*liquidator of the above company,\] intend to apply to the Court to review \*the remuneration of/\*my remuneration as the \*external administrator/\*liquidator of the 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 subrule 9.2A(4) of the Federal Court (Corporations) 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
## Form 17—Summons for examination Form 17—Summons for examination
## 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 or affirmation about the examinable affairs of \[name of corporation\]; and
(b) \*to produce at the examination the following books \[specify books — include in a schedule if necessary\].
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 \[address of person’s legal practitioner or of person\].
## Form 17A—Arrest warrant Form 17A—Arrest warrant
## Form 17A—Arrest warrant
(Corporations Act 2001 s 486B and Federal Court (Corporations) Rules 2000 rule 11A.01)
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 or
\*\[name of company\] (the Company) is being wound up by the Court or
\*an application has been made for \[name of company\] (the Company) to be wound up
AND THE COURT IS SATISFIED THAT \[name of person\]:
(a) \*is about to leave Australia in order to avoid:
(i) \*paying money payable to the company; or
(ii) \*being examined about the company’s affairs; or
(iii) \*complying with an order of the Court, or some other obligation, under Chapter 5 of the Corporations Act 2001 (Cth) in connection with the winding up; or
(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
(c) \*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 that Registrar until the Court makes an order for their disposal.
> Note Section 489A of the Corporations Act 2001 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.
………………………………………………...
Judge/Registrar
## Form 18—Summons for appearance in relati Form 18—Summons for appearance in relation to registration of transfer of interests
## 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 \[address of person’s legal practitioner or of person\].
\[description of document(s)\]
## Form 19—Consent to act as designated per Form 19—Consent to act as designated person
## Form 19—Consent to act as designated person
(rule 15A.5)
I, \[name\], 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 \[name of company\].
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 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 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 rates.
………………………………….
Signature of registered liquidator
\[description of time‑cost rate(s)\]
## Form 20—Notice of filing of application Form 20—Notice of filing of application for recognition of foreign proceeding
## Form 20—Notice of filing of application for recognition of foreign proceeding
(rule 15A.6)
1. An application under the Cross‑Border Insolvency Act 2008 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.
2. The plaintiff’s address for service is \[name and address of plaintiff’s legal practitioner or, if there is no legal practitioner, address of the plaintiff\].
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.
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.
## Form 21—Notice of making of order under Form 21—Notice of making of order under the Cross‑Border Insolvency Act 2008
## Form 21—Notice of making of order under the Cross‑Border Insolvency Act 2008
(rule 15A.7)
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 in relation to \[name of company\]: \[insert details of order\].
2. The plaintiff’s address for service is \[name and address of plaintiff’s legal practitioner or, if there is no legal practitioner, address of the plaintiff\].
3. 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 \[insert name and address\].\*
## Form 22—Notice of dismissal or withdrawa Form 22—Notice of dismissal or withdrawal of application for recognition of foreign proceeding
## 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 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 \[name\]
## Form 23—Notice of filing of application Form 23—Notice of filing of application to modify or terminate an order for recognition or other relief
## 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 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.
\*1. An application under the Cross‑Border Insolvency Act 2008 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: \[name\]