Schedule Sch 2 - Federal Court (Corporations) Rules 2000 - Powers of the Court that may be exercised by a Registrar

Sch 2Powers of the Court that may be exercised by a Registrar

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Schedule 2—Powers of the Court that may be exercised by a Registrar

(rule 16.1)

Part 1 Corporations Act

Part 1—Corporations Act

Item	Provision of the Corporations Act	Rule	Description (for information only)
1		1.3	Power to order that these Rules do not apply
2		1.8	Power to give directions
3		2.8(3)	Power to dispense with the requirement to serve ASIC
4		2.12	Power to dispense with requirement to file affidavit or memorandum with respect to publication
5		2.13	Power to grant leave to creditor, contributory or officer to be heard
6		2.14	Power to direct an inquiry in relation to a corporation’s debts, etc
7		2.15	Power to make directions with respect to meetings ordered by the Court
8	section 227		Power to declare that conditions prescribed by Division 3 of Part 2E.1 of the Corporations Act have been satisfied
9	sections 247A and 247B		Power to order inspection of books
10	section 252E		Power to order meeting of members of registered scheme
11	paragraph 283AE(2)(a)		Power to appoint body corporate as trustee for debenture holders
12	section 283EC		Power to make an order for meeting of debenture holders to direct trustee
13	section 283HA		Power to give directions or determine any questions of application of trustee for debenture holders
14	subsection 283HB(1)		Power to make an order in relation to borrowing corporations
15	paragraph 283HB(1)(c)		Power to order security for debentures to be enforceable

Item

Provision of the Insolvency Practice Schedule (Corporations)

Rule

Description (for information only)

subsection 20‑70(3)

Power to extend time to apply to ASIC for renewal of a liquidator’s registration

paragraph 40‑5(4)(b)

Power to give a direction to a liquidator to lodge a document or give any information or document

paragraph 40‑10(4)(b)

Power to direct a liquidator:(a) to confirm to ASIC that information is complete and correct; or(b) to complete or correct information; or(c) to notify any persons specified by ASIC of any additional or corrected information

subsection 45‑1(1)

Power to make orders in relation to a registered liquidator

paragraphs 60‑10(1)(c) and (2)(b)

9.2

Power to determine an external administrator’s remuneration

subsection 60‑11(3)

9.2A

Power to review a remuneration determination for an external administrator of a company

subsection 60‑16(1)

9.3

Power to determine a provisional liquidator’s remuneration

section 65‑45

Power to give directions regarding the handling of money and securities by an external administrator

paragraph 70‑35(3)(c)

Power to give directions in relation to destruction of the books of a company

section 70‑90

Power to order an external administrator to give relevant material to a person

subsection 75‑41(3)

Power to make orders in relation to proposals considered at a meeting of creditors

subsection 75‑42(4)

Power to order that a resolution passed at a meeting of creditors because of a casting vote be set aside or varied and make further orders or give further directions

subsection 75‑43(4)

Power to order that a resolution considered at a meeting of creditors is taken to have been passed and make further orders or give further directions

subsection 80‑50(2)

Power to approve a committee of inspection incurring expenses in obtaining advice or assistance

paragraph 80‑55(5)(b)

Power to give leave for a member of committee of inspection to derive a profit or advantage

subsection 90‑5(1)

Power to inquire into the external administration of a company

subsections 90‑5(2) and 90‑10(4)

Power to require an external administrator or former external administrator to give information, provide a report or produce a document

subsection 90‑10(1)

Power to inquire into the external administration of a company on application of creditors

section 90‑15

7.2 and 11.8

Power to make orders in relation to the external administration of a company, including the following:(a) determining a question or questions arising in the external administration;(b) that a person cease to be the external administrator;(c) that another registered liquidator be appointed;(d) in relation to the costs of an action (including court action) taken by the external administrator or another person in relation to the external administration;(e) in relation to any loss that the company has sustained because of a breach of duty by the external administrator;(f) in relation to remuneration, including requiring a person to repay to a company, or the creditors of a company, remuneration paid to the person as external administrator of the company

subsections 90‑23(6) and (9)

Power to appoint a registered liquidator to carry out a review into a matter that relates to the external administration of a company and to specify the matters which the liquidator is appointed to review and the way in which the cost of carrying out the review is to be determined

section 90‑28

Power to make orders in relation to a review by a reviewing liquidator on the application of the reviewing liquidator, a person with a financial interest in the external administration of the company or an officer of the company

subsections 90‑35(6) and (7)

Power to order the reappointment of a former external administrator

Item

Provision of the Corporations Regulations 2001

Rule

Description (for information only)

paragraph 5.3B.02(1)(e)

Power to order that a restructuring of a company is to end

subregulation 5.3B.17(4)

Power to order an extension of the proposal period

subregulation 5.3B.30(3)

Power to grant leave for person bound by a restructuring plan to make or proceed with an application to wind up the company or begin or proceed with any proceedings

subregulation 5.3B.34(1)

Power to appoint a new restructuring practitioner if original appointee dies, is prohibited from acting, or resigns

subregulation 5.3B.34(4)

Power to appoint a person as restructuring practitioner where for some reason no restructuring practitioner for the plan is acting

paragraph 5.3B.39(2)(c)

Power to grant leave for restructuring practitioner of plan to dispose of secured property or property used or occupied by company but owned by others

subregulation 5.3B.39(4)

The power to direct that a restructuring practitioner not dispose of property in the ordinary course of business

subregulation 5.3B.60(2)

Power to make orders with respect to creditor disputes before restructuring plan is made

subregulation 5.3B.61(2)

Power to vary restructuring plan

subregulation 5.3B.62(1)

Power to void a restructuring plan.

subregulation 5.3B.62(3)

Power to validate a restructuring plan

subregulation 5.3B.63(1)

Power to terminate restructuring plan

subregulation 5.3B.64(2)

Power to order a secured creditor of the company not to realise or otherwise deal with the security interest, except as permitted by the order

subregulation 5.3B.64(4)

Power to order that the owner or lessor of property that is used or occupied by, or is in the possession of, a company not to take possession of the property or otherwise recover it

subregulation 5.6.43A(2)

Power to extend time for appeal under subsection 554A(3) of the Corporations Act

subregulation 5.6.53(2)

Power to make decision on proof of debt where liquidator has not dealt with request to admit a proof of debt

subregulation 5.6.54(2)

Power to extend time to appeal rejection of proof of debt

subregulation 5.6.62(2)

Power to extend time to appeal inclusion on list of contributories

subregulation 5.6.66(2)

Power to make decision on proof of debt where liquidator has not dealt with a formal proof of debt or claim

Sch 2Powers of the Court that may be exercised by a Registrar

Get a plain-English read of Sch 2

Part 1 Corporations Act

Part 1—Corporations Act

Part 1A Insolvency Practice Schedule (Corporations)

Part 1A—Insolvency Practice Schedule (Corporations)

Part 1B Corporations Regulations

Part 1B—Corporations Regulations

Part 2 ASIC Act

Part 2—ASIC Act