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Uniform Civil Procedure Rules 1999
sch.1A-sec.11.2Inquiries, examinations and investigations under Corporations Act , s 411 (9) (b) or 423 (3) or Insolvency Practice Schedule (Corporations) , div 90 , sdiv B
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### sch.1A-sec.11.2 Inquiries, examinations and investigations under Corporations Act , s 411 (9) (b) or 423 (3) or Insolvency Practice Schedule (Corporations) , div 90 , sdiv B
An application for an order for an examination or investigation under the Corporations Act , section 423 (3) in relation to a controller of property of a corporation may be made by any of the following—
a person with a financial interest in the administration of the corporation;
an officer of the corporation;
if the committee of inspection (if any) so resolves—a creditor, on behalf of the committee;
ASIC.
An application—
under the Corporations Act , section 411 (9) (b) for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with an inquiry of that type; or
under the Insolvency Practice Schedule (Corporations) , division 90 , subdivision B for an inquiry into the external administration of a company or an examination or investigation in connection with an inquiry of that type;
may be made by a person mentioned in the Insolvency Practice Schedule (Corporations) , section 90-10 (2) . See the Corporations Act , section 411 (9) (b) and the Insolvency Practice Schedule (Corporations) , section 90-10 (1) .
The following applications may be made without notice to any person—
an application under the Corporations Act , section 411 (9) (b) for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with an inquiry of that type;
an application for an order for an examination or investigation under the Corporations Act , section 423 (3) ;
an application under the Insolvency Practice Schedule (Corporations) , division 90 , subdivision B for an inquiry into the external administration of a company or an examination or investigation in connection with an inquiry of that type.
The provisions of this part that apply to an examination under the Corporations Act , part 5.9 , division 1 apply, with any necessary adaptations, to an inquiry, examination or investigation under the Corporations Act , section 411 (9) (b) or 423 (3) or the Insolvency Practice Schedule (Corporations) , division 90 , subdivision B .
sch 1A r 11.2 ins 2000 SL No. 232 s 3
amd 2004 SL No. 115 s 2 sch 1
sub 2018 SL No. 193 s 37
(sch.1A-sec.11.2-ssec.1) An application for an order for an examination or investigation under the Corporations Act , section 423 (3) in relation to a controller of property of a corporation may be made by any of the following— a person with a financial interest in the administration of the corporation; an officer of the corporation; if the committee of inspection (if any) so resolves—a creditor, on behalf of the committee; ASIC. An application— under the Corporations Act , section 411 (9) (b) for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with an inquiry of that type; or under the Insolvency Practice Schedule (Corporations) , division 90 , subdivision B for an inquiry into the external administration of a company or an examination or investigation in connection with an inquiry of that type; may be made by a person mentioned in the Insolvency Practice Schedule (Corporations) , section 90-10 (2) . See the Corporations Act , section 411 (9) (b) and the Insolvency Practice Schedule (Corporations) , section 90-10 (1) .
(sch.1A-sec.11.2-ssec.2) The following applications may be made without notice to any person— an application under the Corporations Act , section 411 (9) (b) for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with an inquiry of that type; an application for an order for an examination or investigation under the Corporations Act , section 423 (3) ; an application under the Insolvency Practice Schedule (Corporations) , division 90 , subdivision B for an inquiry into the external administration of a company or an examination or investigation in connection with an inquiry of that type.
(sch.1A-sec.11.2-ssec.3) The provisions of this part that apply to an examination under the Corporations Act , part 5.9 , division 1 apply, with any necessary adaptations, to an inquiry, examination or investigation under the Corporations Act , section 411 (9) (b) or 423 (3) or the Insolvency Practice Schedule (Corporations) , division 90 , subdivision B .
- (a) a person with a financial interest in the administration of the corporation;
- (b) an officer of the corporation;
- (c) if the committee of inspection (if any) so resolves—a creditor, on behalf of the committee;
- (d) ASIC.
- (a) under the Corporations Act , section 411 (9) (b) for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with an inquiry of that type; or
- (b) under the Insolvency Practice Schedule (Corporations) , division 90 , subdivision B for an inquiry into the external administration of a company or an examination or investigation in connection with an inquiry of that type;
- (a) an application under the Corporations Act , section 411 (9) (b) for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with an inquiry of that type;
- (b) an application for an order for an examination or investigation under the Corporations Act , section 423 (3) ;
- (c) an application under the Insolvency Practice Schedule (Corporations) , division 90 , subdivision B for an inquiry into the external administration of a company or an examination or investigation in connection with an inquiry of that type.