Australian Capital Territory Numbered Regulations

CORPORATIONS RULES 2001 (2001 NO 22)

- made under the Corporations Act 2001 (Cwlth)

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 Act  
   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.     Application for order setting aside statutory demand (the Act, s 459G)  
   16.     Affidavits made by creditors  
   17.     Form of affidavits  
   18.     Service of originating process or interlocutory process and supporting  
   19.     Notice of certain applications to be given to commission  
   20.     Notice of appearance (the Act, s 465C)—form 4  
   21.     Intervention in proceeding by commission (the Act, s 1330)—form  
   22.     Publication of notices  
   23.     Proof of publication  
   24.     Leave to creditor, contributory or officer to be heard  
   25.     Inquiry in relation to corporation's debts etc  
   26.     Meetings ordered by the court  

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

   27.     Application of pt 3  
   28.     Nomination of chairperson for meeting  
   29.     Order for meetings to identify proposed scheme  
   30.     Notice of hearing (the Act, s 411 (4),  
   31.     Copy of order approving compromise or arrangement to be lodged with  

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

   32.     Inquiry into conduct of controller (the Act, s 423)  

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

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

   PART 6--PROVISIONAL LIQUIDATORS (THE ACT, PART 5.4B)

   44.     Appointment of provisional liquidator (the Act,  
   45.     Notice of appointment of provisional liquidator—form 12  

   PART 7--LIQUIDATORS

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

   PART 8--SPECIAL MANAGERS (THE ACT, PART 5.4B)

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

   PART 9--REMUNERATION OF OFFICE-HOLDERS

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

   PART 10--WINDING-UP GENERALLY

   65.     Determination of value of debts or claims (the Act,  
   66.     Disclaimer of contract (the Act, s 568 (1A))  
   67.     Winding-up Part 5.7 bodies (the Act s 583, s 585) and registered schemes (the Act, s  

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

   68.     Meaning of examination summons in pt 11  
   69.     Application for examination or investigation under  
   70.     Application for examination summons (the Act, s 596A,  
   71.     Service of examination summons  
   72.     Discharge of examination summons  
   73.     Filing of record of examination (the Act, s 597 (13))  
   74.     Authentication of transcript of examination (the Act,  
   75.     Inspection of record or transcript of examination or investigation under the Act,  
   76.     Entitlement to record or transcript of examination held in public  
   77.     Default in relation to examination  
   78.     Service of application for order in relation to breaches etc by person concerned with  

   PART 12--TAKEOVERS, ACQUISITIONS OF SHARES AND OTHER MATTERS (THE ACT, CHAPTERS 6 TO 6D) AND SECURITIES (THE ACT, CHAPTER 7)

   79.     Service on commission in relation to proceedings under the Act, ch 6 to  
   80.     Application for summons for appearance of person (the Act, s 1092 (3))—form  
   81.     Application for orders relating to refusal to register transfer or transmission of shares  

   PART 13--THE FUTURES INDUSTRY (THE ACT, CHAPTER 8)

   82.     Appeal against decision of futures exchange or futures association (the Act,  
   83.     Proceedings against futures organisation to establish claim against fidelity fund (the Act,  

   PART 14--POWERS OF COURTS (THE ACT, PART 9.5)

   84.     Appeal from act, omission or decision of administrator, receiver or liquidator etc (the  

   PART 15--PROCEEDINGS UNDER THE ASIC ACT

   85.     Reference to court of question of law arising at hearing of commission (ASIC Act, s  
   86.     Application for inquiry (ASIC Act, s 70, s 201, s 219)  
           SCHEDULE 1
           ENDNOTES