Commonwealth Consolidated Regulations

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Time and place for settlement of list

             (1)   The liquidator must give to each person included in the list not less than 14 days' notice in writing, in accordance with Form 539, of the time and place appointed to settle the list.

Note:          The effect of regulation 5.6.11A is that if a recipient has, in accordance with that provision, nominated electronic means to receive notices, the notifier may give or send the notice mentioned in this subregulation by the nominated electronic means.

             (2)   The liquidator or a person acting on his or her behalf must lodge a statement in writing in the prescribed form that notice under subregulation (1) was given to each person included in the provisional list of contributories.

Note:          Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:

(a)    if a form for the document is prescribed in these Regulations, be in that prescribed form; and

(b)    if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.

                   On 23 December 2004, a form for the document mentioned in subregulation (2) is not prescribed in these Regulations.

             (3)   A statement under subregulation (2) is evidence that the notice was sent to a person on the list at the address shown for that person, in the absence of evidence to the contrary.

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