Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 5.6.62

Notice to contributories

             (1)   Within 14 days after the settlement of the list, or supplementary list, of contributories, the liquidator must:

                     (a)  notify each person included in the list, or supplementary list, of his or her inclusion; and

                     (b)  at the same time give each person notice that he or she may appeal to the Court against his or her inclusion within:

                              (i)  21 days after service of the notice; or

                             (ii)  if the Court allows--any further period.

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)   A person may appeal against his or her inclusion in the list, or supplementary list, of contributories, within:

                     (a)  21 days after service on the person of the notice under subregulation (1); or

                     (b)  if the Court allows--any further period.

             (3)   The Court may extend the time for filing an appeal under subregulation (2), even if the period of 21 days specified in subregulation (1) has expired.

             (4)   A notice for subregulation (1) must be in accordance with Form 544.

             (5)   The liquidator, or a person acting on the liquidator's behalf, must lodge a statement in writing in the prescribed form that notice under subregulation (1) was given to each person placed on the list, or supplementary 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 (5) is not prescribed in these Regulations.

             (6)   A statement under subregulation (5) is sufficient 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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