Part 38applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act.

Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 1.1 Citation ## 1.3 Application of these Rules and other rules of the Court (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. ## 1.4 Expressions used in the Corporations Act (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. ## 1.5 Definitions for these Rules > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. ## 1.6 References to rules and forms ## 1.7 Substantial compliance with forms (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. ## 1.8 Court’s power to give directions The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or ## 1.9 Calculation of time a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. ## 1.10 Extension and abridgment of time Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. ## Division 2 Proceedings generally (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 2.1 Title of documents in a proceeding—Form 1 ## 2.2 Originating process and interlocutory process—Forms 2 and 3 (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). ## 2.3 Fixing of hearing (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and ## 2.4 Supporting affidavits (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). ## 2.4A Application for order setting aside 2.4A Application for order setting aside statutory demand (Corporations Act s 459G) (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and ## 2.5 Affidavits made by creditors (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. ## 2.6 Form of affidavits (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. ## 2.7 Service of originating process or interlocutory process and supporting affidavit (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. ## 2.8 Notice of certain applications to be given to ASIC (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | ## 2.9 Notice of appearance (Corporations Act s 465C)—Form 4 (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. ## 2.10 Intervention in proceeding by ASIC (Corporations Act s 1330)—Form 5 (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. ## 2.12 Proof of publication (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. ## 2.13 Leave to creditor, contributory or officer to be heard (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and ## 2.14 Inquiry in relation to corporation’s debts etc The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. ## 2.15 Meetings ordered by the Court Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. ## Division 3 Compromises and arrangements in relation to Part 5.1 bodies (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 3.1 Application of Division 3 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. ## 3.2 Nomination of chairperson for meeting Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. ## 3.3 Order for meetings to identify proposed scheme (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. ## 3.4 Notice of hearing (Corporations Act s 411(4), s 413(1))—Form 6 (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. ## 3.5 Copy of order approving compromise or arrangement to be lodged with ASIC If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ## Division 4 Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. ## 4.1 Inquiry into the conduct of controller (Corporations Act s 423) 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. ## 4.2 Order or inquiry in relation to registered liquidator or external administration of a company (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. ## Division 5 Winding up proceedings (including oppression proceedings where winding up is sought) (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 5.1 Application of Division 5 ## 5.2 Affidavit accompanying statutory demand (Corporations Act s 459E(3))—Form 7 For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: ## 5.3 Application for leave to apply for winding up in insolvency (Corporations Act s 459P(2)) An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. ## 5.4 Affidavit in support of application for winding up (Corporations Act s 459P, s 462, s 464) (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. ## 5.5 Consent of liquidator (Corporations Act s 532(9))—Form 8 (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and ## 5.6 Notice of application for winding up (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: ## 5.7 Applicant to make copies of documents available A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. ## 5.8 Discontinuance of application for winding up ## 5.9 Appearance before Registrar (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. ## 5.10 Order substituting plaintiff in application for winding up (Corporations Act s 465B)—Form 10 (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. ## 5.11 Notice of winding up order and appointment of liquidator (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. ## Division 6 Provisional liquidators (Corporations Act Part 5.4B) Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). ## 6.1 Appointment of provisional liquidator (Corporations Act s 472)—Form 8 (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. ## 6.2 Notice of appointment of provisional liquidator (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. ## Division 7 Liquidators (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. ## 7.3 Report to liquidator as to company’s affairs (Corporations Act s 475) (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. ## 7.4 Liquidator to file certificate and copy of settled list of contributories (Corporations Act s 478) If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. ## 7.5 Release of liquidator and deregistration of company (Corporations Act s 480(c) and (d)) (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. ## 7.6 Objection to release of liquidator—Form 13 (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. ## 7.7 Report on accounts of liquidator (Corporations Act s 481) (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. ## 7.8 Application for payment of call (Corporations Act s 483(3)(b))—Form 14 The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. ## 7.9 Distribution of surplus by liquidator with special leave of the Court (Corporations Act s 488(2))—Form 15 (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. ## 7.10 Powers delegated to liquidator by the Court (Corporations Act s 488) Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. ## 7.11 Appointment of reviewing liquidator (Insolvency Practice Schedule (Corporations) s 90‑23(8)) (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. ## Division 8 Special managers (Corporations Act Part 5.4B) (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 8.1 Application for appointment of special manager (Corporations Act s 484) (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. ## 8.2 Security given by special manager (Corporations Act s 484) (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: ## 8.3 Special manager’s receipts and payments (Corporations Act s 484) (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. ## Division 9 Remuneration of office‑holders (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 9.1 Remuneration of receiver (Corporations Act s 425(1))—Form 16 (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. ## 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. ## 9.2A Review of remuneration determinatio 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. ## 9.3 Remuneration of provisional liquidator (Insolvency Practice Schedule (Corporations) s 60‑16)—Form 16 (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): ## 9.5 Remuneration of special manager (Corporations Act s 484(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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. ## Division 10 Winding up generally (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 10.1 Determination of value of debts or claims (Corporations Act s 554A(2)) (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. ## 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: (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 Inquiries, examinations, investigations, and orders against person concerned with corporation (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 11.1 Definition for Division 11 > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) #### 11.2 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). ## 11.3 Application for examination summons (Corporations Act s 596A, s 596B)—Form 17 (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. ## 11.4 Service of examination summons An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. ## 11.5 Discharge of examination summons (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: ## 11.6 Filing of record of examination (Corporations Act s 597(13)) If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. ## 11.7 Authentication of transcript of examination (Corporations Act s 597(14)) (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. ## 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: ## 11.9 Entitlement to record or transcript of examination held in public (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. ## 11.10 Default in relation to examination (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. ## 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. ## Division 11A Warrants (Corporations Act s 486B and Part 5.4B, Division 3, Subdivision B) (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 11A.01 Arrest of person (Corporations Act s 486B)—Form 17A (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ## Division 12 Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 12.1 Service on ASIC in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act 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. ## 12.1A Reference to Court of question of 12.1A Reference to Court of question of law arising in proceeding before Takeovers Panel (Corporations Act s 659A) Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. ## 12.1B Notification to Court where procee 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. ## 12.2 Application for summons for appearance of person (Corporations Act s 1071D(4))—Form 18 (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. ## 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: ## Division 14 Appeals authorised by the Corporations Act (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 14.1 Appeals against acts, omissions or decisions (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. ## Division 15 Proceedings under the ASIC Act (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 15.1 Reference to Court of question of law arising at hearing of ASIC (ASIC Act s 61) Part 38 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. ## 15.3 Application for inquiry (ASIC Act s 70, s 201, s 219) An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. ## Division 15A Proceedings under the Cross‑Border Insolvency Act (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 15A.1 Application of this Division and other rules of the Court (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. ## 15A.2 Expressions used in the Cross‑Border Insolvency Act (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. ## 15A.3 Application for recognition (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. ## 15A.4 Application for provisional relief under article 19 of the Model Law (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). ## 15A.5 Registered liquidator’s consent to act (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. ## 15A.6 Notice of filing of application for recognition (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). ## 15A.7 Notice of order for recognition, withdrawal etc (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). ## 15A.8 Relief after recognition (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. ## 15A.9 Application to modify or terminate an order for recognition or other relief (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. ## Division 16 Powers of Registrars (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 16.1 Powers of Registrars (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: ## 16.2 Reference by Registrar (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. ## Division 17 Transitional provisions (a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and (b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules. > Note: By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations. (1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act. > Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include: (2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule. > Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule. > Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law. > defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. > Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act. > plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not. (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that: (a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be. (2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted. (3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day. (4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted. Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply. (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court: (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding. (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and > Note: In 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 3 (Notes to these Rules). (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process. (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed. > Note: An 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 3 (Notes to these Rules). (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor. (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed. (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on: (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on: (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation. (1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC. (3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application. | Item | Provision | Description of application | | ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | | 1A | Section 423 | To inquire into the conduct of a controller | | 1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company | | 2 | Subsection 482(1) | For the stay or termination of a winding up | | 3 | subsection 509(2) | For the deregistration of a company | | 5 | Subsection 601AH(2) | To reinstate the registration of a company | | 6 | Subsection 601CC(8) | To restore the name of an Australian body to the register | | 7 | Subsection 601CL(9) | To restore the name of a foreign company to the register | | 8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters | | 9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision | | 10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator | | 11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company | | 12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company | (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act. (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i). > Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding. (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file: (a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or (b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter. (3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum. (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may: (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction. (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding. (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3): (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates. Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court. 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. Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating: (ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and (iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and (d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit. (1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement. (2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with: (b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if: but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued. (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies. (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business. If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made: ### Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation. 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). > Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation. (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or > Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order. For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must: An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made. (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs. (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must: (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and (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 by the company at the date when the affidavit is made. > Note: An 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 3 (Notes to these Rules). (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must: (b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence. (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8. (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9. > Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act. (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published: A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company. (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order. (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up. (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company. (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11. > Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment. Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act). (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. (b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company; the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody. (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company. (b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and (c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b). (3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12. > Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act. (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made. #### 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90‑15) If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed. (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been: (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person. > Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act. If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list. (a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and > Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact. (a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up; (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations); (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered. (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets: (a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory \[except as disclosed in this affidavit\]’; (b) ‘I am not aware of any claim made by any person that there has been any such act or default \[except as disclosed in this affidavit\]’. (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and (6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by: (b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed. (1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release: (2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process. (1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report. (a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the Corporations Act 2001’; and (3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC. The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14. (1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus. (2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court. (1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made: (2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the Insolvency Practice Rules (Corporations) 2016. (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. (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager. (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up: (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts. (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. > Note 1: 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. > Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) 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: (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); (ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation. (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. (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: (ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (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. #### 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60‑10(1)(c) and (2)(b))—Form 16 (1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration. > Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). (2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons: (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; (3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating: (ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and (b) the external 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 external administrator; and (5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection. (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration. #### 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1)) (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company. > Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations). > Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule. (3) At least 21 days before filing the originating process, or the 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: (b) if the remuneration of the external 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; (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice: (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. (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. (1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive. (3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating: (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and (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 determination: (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 section 60‑12 of the Insolvency Practice Schedule (Corporations): (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. (3) At least 21 days before filing the interlocutory process seeking the 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: (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; (4) Within 21 days after the last service of the documents mentioned in 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. (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 objection to the remuneration claimed within the period mentioned in subrule (4); and (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 (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: (e) if the special management is continuing—give details of any matters delaying the completion of the special management. (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. (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: (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract. 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. > 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 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following: (a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or (b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry; > Note: may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations). (a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; (c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry. (3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations). (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate: (a) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (b) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit: (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate: (i) “Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001”; or (ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001”. (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit. (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination. (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing: (3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on: If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination. (a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or (b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present. #### 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) (1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except: (2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public. (3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person. (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond. #### 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598) (2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body. > Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8. (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. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued. > Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3). ### Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7) 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. Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act. #### 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B) (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act. (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge. (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party. (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process. #### 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F) As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on: (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating: (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 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within: (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. (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. (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: (b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal. Part 38 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. An application for an inquiry under subsection 70(3), 201(3) or 219(7) of the ASIC Act must be made by filing an originating process seeking an inquiry and orders under the relevant subsection. (a) this Division applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor other than an individual; and (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. (1) Unless the contrary intention appears, an expression that is used in this Division and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Division as it has in the Cross‑Border Insolvency Act. > Note: The following expressions used in this Division (including in the notes to this Division) are defined in the Model Law as having the following meanings: > Note: establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services. > Note: foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests. > Note: foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article. > Note: foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation. > Note: foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding. (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2. (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act. (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just. (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9. (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3. (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with subrule 2.7(2). (a) under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); or (b) under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative); (d) have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia. (a) send a notice of the filing of the application in accordance with Form 20 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application for recognition of a foreign proceeding in accordance with Form 20, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish a notice in accordance with Form 20 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(b). (1) If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the plaintiff must, as soon as practicable after the order is made, do all of the following: (c) send a notice of the making of the order in accordance with Form 21 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the making of the order in accordance with Form 21, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (2) The Court may direct the plaintiff to publish the notice in accordance with Form 21 in a daily newspaper circulating generally in any State or Territory not described in paragraph (1)(d). (3) If the application for recognition is withdrawn or dismissed, the plaintiff must, as soon as practicable, do all of the following: (c) send a notice of the dismissal or withdrawal in accordance with Form 22 to each person whose claim to be a creditor of the defendant is known to the plaintiff; (d) publish a notice of the dismissal or withdrawal in accordance with Form 22, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (4) The Court may direct the plaintiff to publish the notice in accordance with Form 22 in a daily newspaper circulating generally in any State or Territory not described in paragraph (3)(d). (1) If the Court has made an order for recognition of a foreign proceeding, any application by the plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under subrule (1) and any supporting affidavit must be served, in accordance with subrule 2.7(2), but on the following persons: (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (3) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (a) for an application under paragraph (1)(a)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and (b) for an application under paragraph (1)(b)—the defendant and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21. (a) send a notice of the filing of the application in accordance with Form 23 to each person whose claim to be a creditor of the defendant is known to the plaintiff; and (b) publish a notice of the filing of the application in accordance with Form 23, in a daily newspaper circulating generally in the State or Territory where the defendant has its principal, or last known, place of business. (5) The Court may direct the applicant to publish the notice in accordance with Form 23 in a daily newspaper circulating generally in any State or Territory not described in paragraph (4)(b). (6) A person who intends to appear before the Court at the hearing of an application under subrule (1) must file and serve the documents mentioned in rule 2.9. (1) For the purposes of paragraph 35A(1)(h) of the Federal Court of Australia Act 1976, if the Court or a Judge so directs, a Registrar may exercise a power of the Court: (a) under a provision of the Corporations Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1 of Schedule 2; or (aa) under a provision of the Insolvency Practice Schedule (Corporations) mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1A of Schedule 2; or (ab) under a provision of the Corporations Regulations mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 1B of Schedule 2; or (b) under a provision of the ASIC Act mentioned in column 2, or a provision of these Rules mentioned in column 3, of an item in Part 2 of Schedule 2. (2) A decision, direction or act of a Registrar made, given or done under these Rules, may be reviewed by the Court or a Judge. (3) An application for the review of a decision, direction or act of a Registrar made, given or done under these Rules, must be made within: (1) If a proceeding before a Registrar appears to the Registrar to be proper for the decision of the Court or a Judge, the Registrar may or, if required by a party to the proceeding, must, refer the matter to the Court or a Judge. (2) If the Registrar refers a matter to the Court or a Judge, the Court or a Judge may dispose of the matter or refer it back to the Registrar with any direction that the Court or the Judge considers appropriate. #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 #### 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 (1) Despite the repeal and substitution of rule 9.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of an external administrator of a company who was appointed before 1 September 2017. (2) Despite the amendments of rule 9.2A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of an external administrator who was appointed before 1 September 2017. (3) Despite the amendments of rule 9.3 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a provisional liquidator who was appointed before 1 September 2017. (4) Despite the repeal of rule 9.4 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to the remuneration of a liquidator of a company who was appointed before 1 September 2017. (5) Despite the repeal of rule 9.4A made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to a review of the remuneration of a liquidator of a company who was appointed before 1 September 2017. (6) Despite the repeal and substitution of rule 11.2 made by the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017, that rule, as in force immediately before 1 September 2017, continues to apply in relation to an inquiry commenced by ASIC before that date under section 536 of the old Corporations Act (including an inquiry commenced because of the extension of section 536 of the old Corporations Act by subsection 411(9) of the Corporations Act to persons appointed under the terms of a compromise or arrangement). > Note: The Court may give directions if a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in a proceeding: see rule 1.8 and subsection 467(3) of the Corporations Act. ## Form 1—Document title Form 1—Document title ## Form 1—Document title (rule 2.1) Federal Court of Australia No. of 20 District Registry: \[State\] Division: \[Division\] IN THE MATTER OF \[full name of corporation to which the proceeding relates and, if applicable, the words ‘(in liquidation)’, ‘(receiver appointed)’, ‘(receiver and manager appointed)’, ‘(controller acting)’, or ‘(administrator appointed)’\] ABN or ACN or ARBN: \[insert ABN or ACN or ARBN\] \[Name of First Plaintiff\] \[if 2 or more add ‘and \[another/others\] named in the schedule’\] Plaintiff\[s\] \[Name of First Defendant\] \[if 2 or more add ‘and \[another/others\] named in the schedule’\] Defendant\[s\] \[At the foot of the front page of each document filed in a proceeding, insert details of the filing party, including contact details and address for service\] \[\*If more than one plaintiff or defendant, insert names of the second, third, fourth etc as required in this schedule. Delete schedule if not required.\] Federal Court of Australia No. of 20 District Registry: \[State\] Division: \[Division\] IN THE MATTER OF \[full name of corporation to which the proceeding relates and, if applicable, the words ‘(in liquidation)’, ‘(receiver appointed)’, ‘(receiver and manager appointed)’, ‘(controller acting)’, or ‘(administrator appointed)’\] ABN or ACN or ARBN: \[insert ABN or ACN or ARBN\] \[\*\] Plaintiffs Second Plaintiff: \[Name\] \[\*etc\] \[\*\] Defendants Second Defendant: \[Name\] \[\*etc\] \[\* delete if inapplicable\] ## Form 2—Originating process Form 2—Originating process ## Form 2—Originating process (rules 2.2 and 15A.3) A. DETAILS OF APPLICATION This application is made under \*section/\*regulation \[number\] of the \*Corporations Act/\*ASIC Act/\*Cross‑Border Insolvency Act/\*Corporations Regulations. \[State briefly the nature of the proceeding, eg application for winding‑up on ground of insolvency; or complaint about a receiver.\] On the facts stated in the supporting affidavit(s), the plaintiff claims: etc AND Signature of plaintiff or plaintiff’s legal practitioner This application will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at \[address of Court\] at . . . . . . . . \*am/\*pm on . . . . . . . .. B. NOTICE TO DEFENDANT(S) (IF ANY) TO: \[name and address of each defendant (if any). If 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: (a) the application may be heard and final relief given; (b) directions may be given for the future conduct of the proceeding; (c) any interlocutory application may be heard. Before 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. > Note Unless 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. C. APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY \[Complete this section if this originating process is seeking an order that a company be wound up in insolvency on the ground that the company has failed to comply with a statutory demand (see section 459Q of the Corporations Act\] \[Set out particulars of service of the statutory demand on the company and of the failure to comply with the demand\] \[Attach to this originating process a copy of the statutory demand and, if the demand has been varied by an order made under subsection 459H(4) of the Corporations Act because of a dispute or offsetting claim, a copy of the order made under that subsection.\] \[The affidavit in support of this originating process must: (c) state whether and, if so, to what extent the debt, or each of the debts, to which the demand relates is still due and payable at the date when the affidavit is made.\] > Note 1 In 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 3 (Notes to these Rules). > Note 2 An 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 3 (Notes to these Rules). D. FILING Date of filing: \[date of filing to be entered by Registrar\] This originating process is filed by \[name\] for the plaintiff. E. SERVICE The plaintiff’s address for service is \[address of plaintiff’s legal practitioner or of plaintiff\]. \*It is not intended to serve a copy of this originating process on any person. OR \*It is intended to serve a copy of this originating process on each defendant and on any person listed below: \[name of defendant and any other person on whom a copy of the originating process is to be served\] \[Complete the following section if the time for service has been abridged\] The 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 \[time and date\]. ## Form 3—Interlocutory process Form 3—Interlocutory process ## Form 3—Interlocutory process (rules 2.2, 15A.4, 15A.8 and 15A.9) A. DETAILS OF APPLICATION This application is made under \*section/\*regulation \[number\] of the \*Corporations Act/\*ASIC Act/\*Cross‑Border Insolvency Act/\*Corporations Regulations. On the facts stated in the supporting affidavit(s), the applicant, \[name\], applies for the following relief: etc AND Signature of applicant making this application or applicant’s legal practitioner This application will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . at \[address of Court\] at . . . . . . . . \*am/\*pm on . . . . . . . .. B. NOTICE TO RESPONDENT(S) (IF ANY) TO: \[name and address of each respondent to this interlocutory process (if any). If applicable, also state the respondent’s address for service.\] If 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. Before 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. > Note Unless 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. C. FILING This interlocutory process is filed by \[name\] for the applicant. D. SERVICE The applicant’s address for service is \[address of applicant’s legal practitioner or of applicant\]. \*It is not intended to serve a copy of this interlocutory process on any person. OR \*It is intended to serve a copy of this interlocutory process on each respondent and on any person listed below: \[name of respondent and any other person on whom a copy of the interlocutory process is to be served\] \[Complete the following section if the time for service has been abridged\] The 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 \[time and date\]. ## Form 4—Notice of appearance Form 4—Notice of appearance ## Form 4—Notice of appearance (rule 2.9) A. DETAILS OF PERSON INTENDING TO APPEAR Notice 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 \[name of Court and address\] on \[date\] and, if applicable, to \*oppose/\*support the application. > Note Unless the Court otherwise orders, a defendant or 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. B. GROUNDS OF OPPOSITION TO WINDING UP \[Complete this section only if you are opposing an application to wind up a company\] The grounds on which I oppose the application for winding up are: etc C. SERVICE \[This section must be completed\] The address for service of the person giving this notice is \[address of person’s legal practitioner or of person\]. ......................... Signature of person giving notice or of person’s legal practitioner ## Form 5—Notice of intervention by ASIC Form 5—Notice of intervention by ASIC ## Form 5—Notice of intervention by ASIC (rule 2.10) The Australian Securities and Investments Commission, whose address for service is \[address\], intervenes in this proceeding. ........................... Signed on behalf of ASIC Name of signatory: \[name\]. Capacity of signatory: \[capacity\]. ## Form 6—Notice of hearing to approve comp Form 6—Notice of hearing to approve compromise or arrangement ## Form 6—Notice of hearing to approve compromise or arrangement (rule 3.4) TO all the creditors and members of \[name of company\]. TAKE NOTICE that at.....\*am/\*pm on........., the.......... 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 \[date\]. \[Complete this section if applicable\] The 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: \[Set out the details of any amendment made at the meeting\] 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. \[This section must be completed\] The address for service of the plaintiff is \[address of plaintiff’s legal practitioner or of plaintiff\]. Name of person giving notice or of person’s legal practitioner \[name\] ## Form 7—Affidavit accompanying statutory Form 7—Affidavit accompanying statutory demand ## Form 7—Affidavit accompanying statutory demand (rule 5.2) \[Name of creditor(s)\] Creditor(s) \[Name of debtor company\] Debtor company I, \[name\] of \[address and occupation\], \*say on oath/\*affirm \[or \*make oath and say/\*solemnly and sincerely declare and affirm\]: 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 \*it/\*them relating to \[state nature of debt, or debts, ensuring that what is stated corresponds with the description of the debt, or debts, to be given in the proposed statutory demand, with which this affidavit is to be served on the debtor company\]. 2 \[If the deponent is not the creditor, state the facts entitling the deponent to make the affidavit, eg ‘I am authorised by the creditor(s) to make this affidavit on its/their behalf’\]. 3 \[State the source of the deponent’s knowledge of the matters stated in the affidavit in relation to the debt or each of the debts, eg ‘I am the person who, on behalf of the creditor(s), had the dealings with the debtor company that gave rise to the debt’, ‘I have inspected the business records of the creditor in relation to the debtor company’s account with the creditor’\]. 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.