1 I am the liquidator of [name of company] (the company).
2 On [date] I made a call of $[amount] per share on all the contributories of the company [or specify the class of contributories on whom the call was made]. *Annexed/*Exhibited and marked A is a copy of the notice of the call. Each contributory whose name is shown in the Schedule marked B was duly served with notice of the call in the form annexed or exhibited and marked A.
3 Each contributory of the company whose name is set out in column 2 of the Schedule marked B has not paid, or caused to be paid, to me the sum specified opposite the contributory’s name in column 5 of the Schedule, which is due from that contributory under the call.
4 The amount set out opposite the name of each contributory in column 6 of the Schedule is an estimate of the amount due by that contributory in respect of the costs of applying for and giving effect to the order for payment of the call. The estimate of the amounts so due by the several contributories has been reached by apportioning the costs among the contributories who have not paid the call according to the liability of the respective contributories to contribute.
5 The amount set out opposite the name of each contributory in column 7 of the Schedule is the total of the amount due by that contributory in respect of the call as set out in column 5 and the amount due in respect of costs as set out in column 6.
*Sworn/*affirmed at: [place of swearing or affirmation] on [date]
OR
*Sworn/*affirmed by the abovenamed deponent at: [place of swearing or affirmation] this day of [month] [year].
Signature of deponent
Before me:
Signature and designation of
person before whom deponent
swears or affirms affidavit
Note: The form of the opening words and the jurat of this affidavit may be changed to conform to the form of affidavit used in a particular State or Territory — see rule 2.6.
Schedule B
Number on list of contributories
Name
Address
Character in which included in the list
Unpaid amount of call
Proportion of costs of application
Total amount payable
Form 15
[rule 7.9]
Notice of application for leave to distribute a surplus
IN THE [name of Court and address]
APPLICATION NO:
On ..................... at ......................................, the ................................................. will hear an application by the liquidator of [name of company] in Proceeding No. of [year] for leave to distribute a surplus in respect of the liquidation of the company.
Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and affidavit on the liquidator at the address shown below at least 3 days before the date fixed for the hearing.
Name of liquidator: [name].
The liquidator’s address for service is [address].
Signature of liquidator
[Form 15 amended: Gazette 13 Feb 2009 p. 312.]
Form 16
[rules 9.1, 9.2, 9.3 and 9.5]
[Heading amended: SL 2021/121 r. 33(4).]
Notice of intention to apply for remuneration
TO: [name and address of person to whom notice is given]
TAKE NOTICE that, not less than 21 days after this notice is served on you, I, [name and address], the *receiver/*administrator/*liquidator/*provisional liquidator/*special manager of the above company, intend to apply to the Court to determine my remuneration.
If you object to my application, you must, within 21 days after being served with this notice, serve on me a notice of objection stating the grounds of objection to the remuneration claimed.
*Signature of *receiver/*administrator/liquidator/
**provisional liquidator/special manager
[Form 16 amended: Gazette 13 Feb 2009 p. 312; SL 2021/121 r. 33(4).]
Form 16A
[rule 9.2A]
[Heading amended: SL 2021/121 r. 33(5)(a).]
Notice of intention to apply for review of remuneration
ACN or ABN: [ACN or ABN of company to which proceeding relates]
TO: [name and address of person to whom notice is given]
TAKE NOTICE that, not less than 21 days after this notice is served on you, I, [name and address of proposed plaintiff or applicant], the *[*external administrator/*liquidator of the above company,] intend to apply to the Court to review *the remuneration of/*my remuneration as the *external administrator/*liquidator of the company.
The amount of the remuneration that has been determined or fixed is [state the amount]. The remuneration was determined or fixed by [state who determined or fixed the remuneration] on [state the date when the remuneration was determined or fixed].
I intend to apply for an order to *confirm/*increase/*reduce the remuneration.
[Set out the grounds upon which an order or orders will be sought. If an order to increase or reduce the remuneration is sought, set out the amount by which the remuneration is sought to be increased or reduced.]
If you wish to appear at the hearing of the application, in order to raise any issues before the Court, you must, within 21 days after being served with this notice, serve on me a notice under rule rule 9.2A(4) of the Supreme Court (Corporations) (WA) Rules 2004, stating your intention to appear at the hearing and setting out the issues that you seek to raise before the Court.
[Form 16A inserted: Gazette 12 Aug 2008 p. 3546; amended: SL 2021/121 r. 33(5).]
Form 17
[rule 11.3]
Summons for examination
A. DETAILS OF SUMMONS
TO: [name and address of person to be examined]
You are summoned under *section 596A/*section 596B of the Corporations Act to:
(a) attend before a *judge/*master at the time, on the date and in the place specified in the attached listing notification, and from day to day until excused by the Court, to be examined on oath or affirmation about the examinable affairs of [name of corporation]; and
(b) *to produce at the examination the following books [specify books — include in a schedule if necessary].
..................................
Principal Registrar
B. NOTICE TO PERSON TO BE EXAMINED
The Court may order that the questions put to you and the answers given by you at the examination are to be recorded in writing and signed by you.
If you do not attend the examination in accordance with this summons, without reasonable cause, you may be arrested and imprisoned without further notice.
This summons is issued at the request of [name] whose address for service is [address of person’s legal practitioner or person].
[Form 17 amended: SL 2021/121 r. 33(6).]
Form 17A
[Corporations Act 2001 (Cth) s. 486B and
Supreme Court (Corporations) (WA) Rules 2004 r. 11A.1]
Arrest warrant
TO: All members and special members of the Australian Federal Police and to all officers of the police force of the State or Territory in which [name of person] is found, and to the Sheriff of that State or Territory and all of that Sheriff’s officers.
WHEREAS:
[name of company] (the Company) is being wound up in insolvency* or
[name of company] (the Company) is being wound up by the Court* or
an application has been made for [name of company] (the Company) to be wound up*
AND THE COURT IS SATISFIED THAT [name of person]:
(a) is about to leave Australia in order to avoid:
(i) paying money to the company* or
(ii) being examined about the company’s affairs* or
(iii) complying with an order of the Court, or some other obligation, under Chapter 5 of the Corporations Act 2001 (Cth) in connection with the winding up* or
(b) has concealed or removed property of the Company in order to prevent or delay the taking of the property into the liquidator’s custody or control* or
(c) has destroyed, concealed or removed books of the Company or is about to do so,*
THIS WARRANT THEREFORE requires and authorises you to take [name of person] and to bring *him/*her before the Court at [address of Court] and to keep *him/*her there pending the making of a further order by the Court.
THIS WARRANT ALSO requires and authorises you to seize any property or books of the company in the possession of [name of person] and to deliver them into the custody of the Registrar of the Court to be kept by that Registrar until the Court makes an order for their disposal.
Note: Section 489A of the Corporations Act 2001 of the Commonwealth provides that if the Court issues a warrant under section 486B for a person to be arrested and brought before the Court, and the person is not in prison, then the person named in the warrant may be arrested by an officer of the police force of the State or Territory in which the person is found, or the Sheriff of that State or Territory or any of the Sheriff’s officers, or a member or special member of the Australian Federal Police.
........................................
Signed
Judge/Registrar
[Form 17A inserted: Gazette 12 Aug 2008 p. 3547‑8.]
Form 18
[rule 12.2]
Summons for appearance in relation to registration of
transfer of interests
TO: [name and address]
You are required to appear before a *judge/*master at the time, on the date and in the place specified in the attached listing notification and show cause why the document(s) specified in the Schedule should not be *delivered up/*produced at the office of [name of company] at [address of company] within [period as ordered], as required by the attached notice.
The address for service of the person applying for this summons is [address of person’s legal practitioner or of person].
.........................................
Principal Registrar
[description of document(s)]
[Form 18 amended: SL 2021/121 r. 33(7).]
Form 19
[rule 15A.5]
Consent to act as designated person
[Title]
I, [name], of [address], a registered liquidator, consent to be appointed by the Court and to act as the person designated by the Court under *article 19/article 21 of the Model Law to administer/***realise/*distribute the assets of [name of company].
I am not aware of any conflict of interest or duty that would make it improper for me to act as the person designated by the Court.
The time‑cost rates currently charged in respect of work done as the person designated by the Court by me, and by my partners and employees who may perform work in this administration, are set out below or in the Schedule which is attached to this Consent.
I acknowledge that my appointment by the Court does not constitute an express or implied approval by the Court of these time‑cost rates.
Signature of registered liquidator
[description of time‑cost rate(s)]
[Form 19 inserted: Gazette 13 Feb 2009 p. 309; amended: Gazette 1 Apr 2010 p. 1279; SL 2021/121 r. 33(8).]
Form 20
[rule 15A.6]
Notice of filing of application for recognition of foreign proceeding
An application under the Cross‑Border Insolvency Act 2008 (Commonwealth) for recognition of a foreign proceeding in relation to [name of company] was commenced by the plaintiff, [name of plaintiff], on [date of filing of originating process] and will be heard by ........................................................................................................................at [address of Court] at .......................*a.m./*p.m. on .................................
Copies of documents filed may be obtained from the plaintiff’s address for service.
The plaintiff’s address for service is [name and address of plaintiff’s legal practitioner or, if there is no legal practitioner, address of the plaintiff].
Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the plaintiff at the plaintiff’s address for service at least 3 days before the date fixed for the hearing.
If you are a foreign creditor you must file in the registry of the Court at the address mentioned in paragraph 1 an affidavit setting out the details of any claim, secured or unsecured, that you may have against the company above at least 3 days before the date fixed for the hearing.
[Form 20 inserted: Gazette 13 Feb 2009 p. 309‑10.]
Form 21
[rule 15A.7]
Notice of making of order under the Cross‑Border Insolvency Act 2008 (Commonwealth)
On [date], the [name of Court] in Proceeding No. of [year], commenced by the plaintiff [name of plaintiff], made the following orders under the Cross‑Border Insolvency Act 2008 (Commonwealth) in relation to [name of company]: [insert details of order].
The plaintiff’s address for service is [name and address of plaintiff’s legal practitioner or, if there is no legal practitioner, address of the plaintiff].
The name and address of the foreign representative is [insert name and address].
The name and address of the person entrusted with distribution of the company’s assets is [insert name and address].*
[Form 21 inserted: Gazette 13 Feb 2009 p. 310.]
Form 22
[rule 15A.7]
Notice of dismissal or withdrawal of application for recognition of foreign proceeding
TAKE NOTICE that the application under the Cross‑Border Insolvency Act 2008 (Commonwealth) for recognition of a foreign proceeding in relation to [name of company] commenced by the plaintiff, [name of plaintiff], on [date of filing of originating process] was dismissed*/withdrawn* on [date of dismissal/withdrawal]
Name of person giving notice or of person’s legal practitioner [name]
[Form 22 inserted: Gazette 13 Feb 2009 p. 311.]
Form 23
[rule 15A.9]
Notice of filing of application to modify or terminate an order for recognition or other relief
*1. An application under the Cross‑Border Insolvency Act 2008 (Commonwealth) for an order *modifying/*terminating an order for recognition of a foreign proceeding in relation to [name of company] was filed by the applicant, [name of applicant], on [date of filing of interlocutory process] and will be heard by .................................................
at [address of Court] at ........... *a.m./*p.m. on ............................................
Copies of documents filed may be obtained from the applicant’s address for service.
*1. An application under the Cross‑Border Insolvency Act 2008 (Commonwealth) for an order *modifying/*terminating relief granted under *article 19/*article 21 of the Model Law in relation to [name of company] was filed by the applicant, [name of applicant], on [date of filing of interlocutory process] and will be heard by ...........................................
at [address of Court] at ........... *a.m./*p.m. on ............................................
Copies of documents filed may be obtained from the applicant’s address for service.
The applicant’s address for service is [name and address of applicant’s legal practitioner or of applicant].
Any person intending to appear at the hearing must file a notice of appearance (if the person has not already done so), in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice (if applicable) and any affidavit on the applicant at the applicant’s address for service at least 3 days before the date fixed for the hearing.
[Form 23 inserted: Gazette 13 Feb 2009 p. 311‑12.]
Schedule 2 — Matters outside the jurisdiction of a master
[r. 16.1]
| Item | Provision | Description of matter |
| | Matters under the ASIC Act | |
| 1. | s. 61 | Reference by ASIC to the Court of a question of Corporations Act arising at a hearing of ASIC |
| 2. | s. 70 | Request by ASIC for the Court to inquire into non‑compliance by a person with an investigation |
| 3. | s. 201 | Request by Takeovers Panel for the Court to inquire into non‑compliance by a person before the Panel |
| 4. | s. 219 | Request by the Companies Auditors and Liquidators Disciplinary Board for the Court to inquire into non‑compliance by a person before the Board |
| | Matters under the Corporations Act | |
| 5. | s. 206C, 206D and 206E | Application for order prohibiting a person from managing a corporation |
| 6. | Part 5.1 | Relating to arrangements and reconstructions (s. 410‑415F) |
| 7. | s. 423 | Supervising controller of property of a corporation |
| [8. deleted] | | |
| 9. | s. 598 | Application for order against person concerned with corporation |
| 10. | Chapter 6 | Relating to acquisition of shares (s. 602‑742) |
| 11. | Part 9.4B | Relating to civil consequences of contravening civil penalty provisions (s. 1317DA‑1317S) |
| 12. | Part 9.5 except s. 1318, 1319, 1322 and 1325 | Relating to powers of courts (s. 1318‑1327) |
| 13. | IPS s. 45‑1 | Orders relating to registered liquidators |
| 14. | IPS s. 90‑10 and 90‑15 | Inquiries and orders relating to administration |
[Schedule 2 amended: Gazette 12 Aug 2008 p. 3548; SL 2021/121 r. 34.]
Notes to these rules
Note 1 to these rules — see rule 2.2
(Form 2 Part C)
C. APPLICATION FOR WINDING‑UP ON GROUND OF INSOLVENCY
The plaintiff relies on failure by the defendant to comply with a statutory demand. A copy of the demand, marked A, is attached to this originating process.
The demand was [or The demand and an accompanying affidavit were] served by X.Y. who delivered it [or them] to the registered office of the defendant at [insert address] on [insert date] [or, if service was by post, who posted *it/*them by ordinary prepaid post to the registered office of the defendant at [insert address] on [insert date]]. [If applicable, A copy of the accompanying affidavit, marked B, is attached to this originating process.]
The defendant failed to pay the amount of the debt demanded [or the total of the debts demanded] or to secure or compound for that *amount/*total to the plaintiff’s reasonable satisfaction within 21 days after the demand was served on the defendant [or within 7 days after [insert date] when an application by the defendant under section 459G of the Corporations Act was finally determined or otherwise disposed of] [or if the period for compliance with the demand was extended by order within the period specified in the order of the [insert name of Court] on [insert date of order or, if more than one order, the date of the last such order] as the period for compliance with the demand. A copy of the order, marked C, is attached to this originating process.]
[If the demand was varied by order under subsection 459H(4) of the Corporations Act]
The demand was varied by order of the [insert name of Court] on [insert date of order]. A copy of the order, marked D [or as the case may be], is attached to this originating process.
Note 2 to these rules — see rule 2.4 and subrule 5.4(2)
(Affidavit in support)
**AFFIDAVIT IN SUPPORT/AFFIDAVIT IN SUPPORT OF APPLICATION FOR WINDING‑UP IN INSOLVENCY
I, [name] of [address and occupation], *say on oath/*affirm [or *make oath and say/*solemnly and sincerely declare and affirm]:
I am the above‑named plaintiff [or if the applicant is a corporation, I am *a/*the director of the above‑named plaintiff which is registered or taken to be registered in [specify State or Territory]. I am duly authorised to make this affidavit on its behalf]. Now produced and shown to me and marked A is a copy of the originating process to be filed in the proceeding.
Annexed to this affidavit is a current and historical extract of the records maintained by the Australian Securities and Investments Commission with respect to the defendant.
[Where the defendant is registered or taken to be registered in another State or a Territory, state any facts — apart from the defendant’s principal place of business — which bear upon jurisdiction being exercised in Western Australia rather than in another State or Territory.]
The following facts are within my own personal knowledge save as otherwise stated.
The defendant was on [state date of statutory demand or other relevant date] indebted to the plaintiff in the sum of $ [amount] for [state concisely the consideration, for example, goods sold and delivered etc.] which sum was then due and payable.
The demand, a copy of which is attached to the originating process, was signed by or on behalf of the plaintiff. I served the demand [or the demand and the accompanying affidavit] as referred to in the originating process [or X.Y. has been instructed to make an affidavit of service of the demand [or the demand and the accompanying affidavit]].
The matters stated in the originating process concerning the demand and failure of the defendant to comply with it are true and correct.
The sum demanded remains due and payable by the defendant to me [or the plaintiff].
Sworn, etc.
[Note 2 amended: Gazette 6 Jul 2004 p. 2712.]
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Notes
This is a compilation of the Supreme Court (Corporations) (WA) Rules 2004 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
| Citation | Published | Commencement |
| Supreme Court (Corporations) (WA) Rules 2004 | 21 May 2004 p. 1603‑95 | 1 Jun 2004 (see r. 1.2) |
| Supreme Court (Corporations) (WA) Amendment Rules 2004 | 6 Jul 2004 p. 2711‑12 | 6 Jul 2004 (see r. 2) |
| Supreme Court (Corporations) (WA) Amendment Rules 2007 | 13 Apr 2007 p. 1671‑3 | 13 Apr 2007 |
| Supreme Court (Corporations) (WA) Amendment Rules 2008 | 12 Aug 2008 p. 3536‑48 | r. 1 and 2: 12 Aug 2008 (see r. 2(a)); Rules other than r. 1 and 2: 13 Aug 2008 (see r. 2(b)) |
| Supreme Court (Corporations) (WA) Amendment Rules 2009 | 13 Feb 2009 p. 302‑12 | r. 1 and 2: 13 Feb 2009 (see r. 2(a)); Rules other than r. 1 and 2: 14 Feb 2009 (see r. 2(b)) |
| Reprint 1: The Supreme Court (Corporations) (WA) Rules 2004 as at 8 May 2009 (includes amendments listed above) | | |
| Supreme Court (Corporations) (WA) Amendment Rules (No. 2) 2009 | 6 Nov 2009 p. 4472-3 | r. 1 and 2: 6 Nov 2009 (see r. 2(a)); Rules other than r. 1 and 2: 7 Nov 2009 (see r. 2(b)) |
| Supreme Court (Corporations) (WA) Amendment Rules 2010 | 1 Apr 2010 p. 1279 | r. 1 and 2: 1 Apr 2010 (see r. 2(a));<br>Rules other than r. 1 and 2: 2 Apr 2010 (see r. 2(b)) |
| Supreme Court (Corporations) (WA) Amendment Rules 2012 | 21 Sep 2012 p. 4425‑8 | r. 1 and 2: 21 Sep 2012 (see r. 2(a)); Rules other than r. 1 and 2: 22 Sep 2012 (see r. 2(b)) |
| Supreme Court (Corporations) (WA) Amendment Rules 2018 | 27 Feb 2018 p. 625‑8 | r. 1 and 2: 27 Feb 2018 (see r. 2(a)); Rules other than r. 1 and 2: 1 Mar 2018 (see r. 2(b)) |
| Reprint 2: The Supreme Court (Corporations) (WA) Rules 2004 as at 22 Feb 2019 (includes amendments listed above) | | |
| Supreme Court (Corporations) (WA) Amendment Rules 2019 | 31 Dec 2019 p. 4673-4 | r. 1 and 2: 31 Dec 2019 (see r. 2(a)); Rules other than r. 1 and 2: 1 Jan 2020 (see r. 2(b)) |
| Supreme Court (Corporations) (WA) Amendment Rules 2021 | SL 2021/121 13 Jul 2021 | r. 1 and 2: 13 Jul 2021 (see r. 2(a)); Rules other than r. 1 and 2: 14 Jul 2021 (see r. 2(b)) |
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
applicant 1.5(1)
ASIC Act 1.5(1)
Corporations Act 1.5(1)
Corporations Regulations 1.5(1)
Cross-Border Insolvency Act 1.5(1)
defendant 1.5(1)
establishment 15A.2(1)
examination summons 11.1
foreign court 15A.2(1)
foreign main proceeding 15A.2(1)
foreign non-main proceeding 15A.2(1)
foreign proceeding 15A.2(1)
foreign representative 15A.2(1)
Insolvency Practice Schedule 1.5(1)
interlocutory process 1.5(1)
IPS 1.5(1)
liquidator 5.5(1), 5.11(5), 7.3(1A)
Model Law 1.5(1)
originating process 1.5(1)
plaintiff 1.5(1)
respondent 1.5(1)
Section 1 - Supreme Court (Corporations) (WA) Rules 2004 - I am the liquidator of [*name of company*] (the company). | Zoe