Australian Capital Territory Numbered Regulations

CORPORATIONS LAW RULES 2000 (2000 NO 16)

- made under the Supreme Court Act 1933

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of rules  
   2.       Commencement  
   3.      Application of these rules and other rules of the court  
   4.      Expressions used in the Corporations Law  
   5.      Definitions for these rules  
   6.       References to rules and forms  
   7.      Substantial compliance with forms  
   8.      Court's power to give directions  
   9.      Calculation of time  
   10.     Extending and shortening of time  

   PART 2--PROCEEDINGS GENERALLY

   11.     Title of documents in a proceeding—form 1  
   12.     Originating process and interlocutory process—forms 2 and 3  
   13.     Fixing of hearing  
   14.     Supporting affidavits  
   15.     Affidavits made by creditors  
   16.     Form of affidavits  
   17.     Service of originating process or interlocutory process and supporting affidavit  
   18.     Notice of certain applications to be given to commission  
   19.     Notice of appearance (s 465C of the Law)—form 4  
   20.     Intervention in proceeding by commission (s 1330 of the Law)—form 5  
   21.     Publication of notices  
   22.     Proof of publication  
   23.     Leave to creditor, contributory or officer to be heard  
   24.     Inquiry in relation to corporation's debts etc  
   25.     Meetings ordered by the court  

   PART 3--COMPROMISES AND ARRANGEMENTS IN RELATION TO PART 5.1 BODIES

   26.     Application of pt 3  
   27.     Nomination of chairperson for meeting  
   28.     Order for meetings to identify proposed scheme  
   29.     Notice of hearing (s 411 (4), s 413 (1) of the Law)—form 6  
   30.     Copy of order approving compromise or arrangement to be lodged with commission  

   PART 4--RECEIVERS AND OTHER CONTROLLERS OF CORPORATION PROPERTY (PART 5.2 OF THE LAW)

   31.     Inquiry into conduct of controller (s 423 of the Law)  

   PART 5--WINDING-UP PROCEEDINGS (INCLUDING OPPRESSION PROCEEDINGS WHERE WINDING UP IS SOUGHT)

   32.     Application of pt 5  
   33.     Affidavit accompanying statutory demand (s 459E (3) of the Law)—form 7  
   34.     Application for leave to apply for winding up in insolvency (s 459P (2) of the Law)  
   35.     Affidavit in support of application for winding up (s 459P, s 462, s 464 of the Law)  
   36.     Consent of liquidator (s 532 (9) of the Law)—form 8  
   37.     Notice of application for winding up—form 9  
   38.     Applicant to make copies of documents available  
   39.     Discontinuance of application for winding up  
   40.     Appearance before registrar  
   41.     Order substituting plaintiff in application for winding up (s 465B of the Law)—form 10  
   42.     Notice of winding-up order and appointment of liquidator—form 11  

   PART 6--PROVISIONAL LIQUIDATORS (PART 5.4B OF THE LAW)

   43.     Appointment of provisional liquidator (s 472 of the Law)—form 8  
   44.     Notice of appointment of provisional liquidator—form 12  

   PART 7--LIQUIDATORS

   45.     Resignation of liquidator (s 473 (1) of the Law)  
   46.     Filling vacancy in office of liquidator (s 473 (7), s 502 of the Law)  
   47.     Report to liquidator as to company's affairs (s 475 of the Law)  
   48.     Liquidator to file certificate and copy of settled list of contributories (s 478 of the Law)  
   49.     Release of liquidator and deregistration of company (s 480 (c), (d) of the Law)  
   50.     Objection to release of liquidator—form 13  
   51.     Report on accounts of liquidator (s 481 of the Law)  
   52.     Application for payment of call (s 483 (3) (b) of the Law)—form 14  
   53.     Distribution of surplus by liquidator with special leave of the court (s 488 (2) of the Law)—form 15  
   54.     Powers delegated to liquidator by the court (s 488 of the Law)  
   55.     Inquiry into conduct of liquidator (s 536 of the Law)  

   PART 8--SPECIAL MANAGERS (PART 5.4B OF THE LAW)

   56.     Application for appointment of special manager (s 484 of the Law)  
   57.     Security given by special manager (s 484 of the Law)  
   58.     Special manager's receipts and payments (s 484 of the Law)  

   PART 9--REMUNERATION OF OFFICE-HOLDERS

   59.     Remuneration of receiver (s 425 (1) of the Law)—form 16  
   60.     Remuneration of administrator (s 449E (1) of the Law)—form 16  
   61.     Remuneration of provisional liquidator (s 473 (2) of the Law)—form 16  
   62.     Remuneration of liquidator (s 473 (3) of the Law)—form 16  
   63.     Remuneration of special manager (s 484 (2) of the Law)—form 16  

   PART 10--WINDING-UP GENERALLY

   64.     Determination of value of debts or claims (s 554A (2) of the Law)  
   65.     Disclaimer of contract (s 568 (1A) of the Law)  
   66.     Winding-up pt 5.7 bodies (s 583, s 585 of the Law) and registered schemes (s 601ND of the Law)  

   PART 11--EXAMINATIONS AND ORDERS (PART 5.9, DIVISIONS 1 AND 2 OF THE LAW)

   67.     Meaning of examination summons in pt 11  
   68.     Application for examination or investigation under s 411, s 423 or s 536 (3) of the Law  
   69.     Application for examination summons (s 596A, s 596B of the Law)—form 17  
   70.     Service of examination summons  
   71.     Discharge of examination summons  
   72.     Filing of record of examination (s 597 (13) of the Law)  
   73.     Authentication of transcript of examination (s 597 (14) of the Law)  
   74.     Inspection of record or transcript of examination or investigation under s 411, s 423 or s 536 of the Law  
   75.     Entitlement to record or transcript of examination held in public  
   76.     Default in relation to examination  
   77.     Service of application for order in relation to breaches etc by person concerned with corporation (s 598 of the Law)  

   PART 12--ACQUISITION OF SHARES (CHAPTER 6 OF THE LAW) AND SECURITIES (CHAPTER 7 OF THE LAW)

   78.     Service on commission in relation to proceedings under ch 6 or ch 7 of the Law  
   79.     Application for summons for appearance of person (s 1092 (3) of the Law)—form 18  
   80.     Application for orders relating to refusal to register transfer or transmission of shares etc (s 1094 of the Law)  

   PART 13--THE FUTURES INDUSTRY (CHAPTER 8 OF THE LAW)

   81.     Appeal against decision of futures exchange or futures association (s 1135 of the Law)  
   82.     Proceedings against futures organisation to establish claim against fidelity fund (s 1243 of the Law)  

   PART 14--POWERS OF COURTS (PART 9.5 OF THE LAW)

   83.     Appeal from act, omission or decision of administrator, receiver or liquidator, etc (s 554A, s 1321 of the Law)  

   PART 15--PROCEEDINGS UNDER THE ASC LAW

   84.     Reference to court of question of law arising at hearing of commission (s 61 of the ASC Law)  
   85.     Reference to court of question of law arising at hearing of Corporations and Securities Panel (s 196 of the ASC Law)  
   86.     Application for inquiry (s 70, s 201, s 219 of the ASC Law)  

   PART 16--POWERS OF MASTER AND REGISTRAR

   87.     Powers of master and registrar  
   88.     Reference by master or registrar  
           SCHEDULE 1
           SCHEDULE 2