Matter and time period

Rule

Rules under Schedule 1A of the UCPR  for proceedings under the Corporations Act 2001 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth)

Supporting Affidavits

An Application under the Corporations Act or ASIC Act must be supported by an Affidavit, setting out the facts and including an ASIC record search for the company that is the subject of the Application. This record search must be carried out no earlier than 7 days before the Application is filed.

2.4

Service of Originating Application and supporting Affidavit

After filing an Application to start a proceeding under the Corporations Act or ASIC Act, a copy of the Application and supporting Affidavit must be served on each respondent to the proceeding at least 5 days before the date fixed for hearing (2.7(1)).

2.7

Service of Interlocutory Application

After filing an Application relating to an existing proceeding, a copy of the Application and any supporting Affidavit must be served on each respondent to the proceeding at least 3 days before the date fixed for hearing (2.7(2)).

2.7

Notice of appearance before the court in an Originating Application

A person intending to appear before the court in an Application to start proceedings (if  named in the Application) must serve a copy of a Notice of Appearance on the applicant at least 3 days before the hearing (2.9(1)(b)(i)).

2.9

Notice of appearance before the court

A person intending to appear before the court in an Application relating to an existing proceeding (if named in the Application) must serve a copy of a Notice of Appearance on the applicant at least 1 day before the hearing(2.9(1)(b)(ii)).

2.9

Intervention in a  proceeding by ASIC

If ASIC intends to intervene in a proceeding, it must file a Notice of Intervention and a copy of that Notice must be served on the applicant or any other party to the proceeding no later than 3 days before the date of the hearing (2.10(2)).

2.10

Notice of hearing in relation to hearings commenced under Ss.411(4) or 413(1) Corporations Act 2001 (Cth)

An applicant must publish a Notice of the hearing of any Application made under Ss 411(4) or 413(1) Corporations Act 2001 (Cth) at least 5 days before the date fixed for the hearing of the Application (3.4(3)(b)).

3.4

Applications made in reliance of S461(1)(a) Corporations Act 2001 (Cth)

An Application to have a company wound up must be supported by an Affidavit, and the Affidavit must be made within 7 days before the Originating Application is filed (5.4(4)).

5.4

Consent of a liquidator on an Application for a company to be wound up

An Application to have a company wound up must include the consent of an official liquidator who can act as the liquidator for the company, and a copy of the consent must be served on the company at least one day before the hearing (5.5(3)(b)).

5.5

Notice of application for winding up of company

The applicant must publish a Notice of the Application for an Order that a company be wound up –

• at least 3 days after the Originating Application is served on the company (5.6(2)(b)(i)); and
• at least 7 days before the date fixed for hearing of the Application (r.5.6(2)(b)(ii)).

5.6

Notice to official liquidator of appointment upon court ordering company to be wound up

If the Court orders that a company be wound up and an official liquidator be appointed as liquidator of the company, the liquidator must be informed of the appointment no later than 1 day after the Order for winding up is made (5.11(2)).

5.11

Notice of appointment of provisional liquidator

If the Court orders that an official liquidator be appointed as provisional liquidator of a company (with power over only some of the company’s property), the applicant must do the following no later than the day after the Order is made:

• lodge an office copy of the Order with ASIC
• serve an office copy of the Order on the company
•  give an office copy to the provisional liquidator, and
• publish a Notice of the provisional liquidator’s appointment.

6.2

Liquidator to file Certificate and copy of Settled List of contributories

If, in a winding up by the Court, a liquidator has compiled and certified a List or Supplementary List of Contributories, the liquidator must file the Certificate and a copy of the List within 14 days.

7.4

(see also section 478 Corporations Act 2001 (Cth))

Release of liquidator and deregistration of a company

An Application  for either:

(a) the liquidator to be released; or

(b) the liquidator to be released and ASIC to deregister the company;

must include a Notice of the rule for Objecting to release of liquidator, as shown below.   

Rule 7.5

(see also section 480 (c) (d) Corporations Act2001 (Cth))

Objecting to release of liquidator

A creditor or contributory of a company who wishes to object to the release of the liquidator must file the following documents within 21 days after the date of service of the application for release:

·      Notice of Objection (Form 13);

·      if appropriate – an Affidavit.

The creditor or contributory must also serve a copy of the Notice and Affidavit (if any) on the liquidator.

If the liquidator is served with a Notice of Objection by a creditor or contributory, the liquidator then has 3 days to serve on the creditor or contributory a copy of the affidavit supporting their application for release

7.6

Distribution of surplus by liquidator with special leave of the court

When a liquidator applies to distribute a surplus, the liquidator must publish a notice of the Application at least 14 days before the date fixed for hearing of the Application.(7.9(2)).

7.9

(see also section 488 (2) Corporations Act 2001 (Cth))

Remuneration of receiver

When a receiver of a company applies for an Order under the Corporations Act 2001 (Cth) (S425(1)), to fix the receiver’s remuneration:

• At least 21 days before filing an Application the receiver must serve a Notice in Form 16 of the receiver’s intention to apply, and a copy of any Affidavit which the receiver intends to file(9.1(2)) to each of the following persons:
  • the person who appointed the receiver;
  • any creditor holding security over property of the corporation;
  • any administrator, liquidator or provisional liquidator of the corporation;
  • any administrator of a deed of company arrangement executed by the corporation;
  • if there is no administrator or liquidator:
    • each of the 5 largest (measured by amount of debt) unsecured creditors of the corporation; and
    • each shareholder who holds at least 10% of the shares in the corporation.
• Within 21 days after receiving these documents, any creditor or shareholder or any person listed above may give to the receiver a Notice of Objection to the remuneration claimed, stating the reasons for objection (9.1(3)).

9.1

(see also section 425(1)

Corporations Act 2001 (Cth))

Remuneration of administrator

This rule applies to an Application by the administrator of a company or of a Deed of Company Arrangement for the court to fix the administrator’s remuneration under the Corporations Act 2001 (Cth (S449E(1):

• At least 21 days before filing an Application the administrator must serve a notice in Form 16 of administrator’s intention to apply, and a  copy of any Affidavit which the administrator intends to file, on the following persons:
  • each creditor who was present, in person or by proxy, at any meeting of creditors;
  • each member of any committee of creditors or committee of inspection;
  • if there is no committee of creditors or inspection, and no meeting of creditors has been held, each of the 5 largest (measured by amount of debt) creditors of the company;
  • each shareholder with at least 10% of the shares in the company.
• Within 21 days after receiving these documents, any creditor or shareholder may give to the administrator a Notice of Objection to the remuneration claimed, stating the reasons for the objection.

Rule 9.2

(see also section 449E(1)

Corporations Act 2001 (Cth))

Remuneration of provisional liquidator

This rule applies to an Application by a provisional liquidator of a company for the court to  fix the provisional liquidator’s remuneration under the Corporations Act 2001 s473(2) .

·     At least 21 days before filing an Application, the provisional liquidator must serve a notice in Form 16 of the provisional liquidator’s  intention to apply,  and a copy of any Affidavit which the provisional liquidator intends to file, on the following persons:

• any liquidator (except the provisional liquidator) of the company;
• each member of any committee of inspection or, if there is no committee of inspection, each of the 5 largest (measured by amount of debt) creditors of the company;
• each shareholder  who holds at least 10% of shares in the company.

·     Within 21 days after receiving these documents, the liquidator, or any creditor or shareholder may give to the provisional liquidator a Notice of Objection to the remuneration claimed, stating the reasons for the objection.

Rule 9.3

(see also section 473(2)

Corporations Act 2001 (Cth))

Remuneration of liquidator

This rule applies to an Application by a liquidator of a company for the court to fix the liquidator’s remuneration under the Corporations Act 2001 (Cth) (S473(3)).

The Application must not be made until after the end of 28 days after the date of the meeting of creditors. 

·      At least 21 days before filing the Application, the liquidator must serve a notice in Form 16 of the liquidator’s intention to apply, and a copy of any Affidavit which the liquidator intends to file, on the following persons:

• each creditor who was present, in person or by proxy, at any meeting of creditors at which the remuneration of the liquidator was considered;
• each member of any committee of inspection;
• if there is no committee of inspection, and no meeting of creditors has been convened and held--each of the 5 largest (measured by amount of debt) creditors of the company;
• each shareholder who holds at least 10% of the shares in the company.
• Within 21 days after receiving these documents, any creditor or contributory may give to the liquidator a Notice of Objection to the remuneration claimed, stating the reasons for objection.

·      If the winding up continues, details of any matters delaying the completion of the  winding up must be given in the Affidavit (if any).

9.4

(see also section 473(3) Corporations Act 2001 (Cth))

Remuneration  of special manager

This rule applies to an Application by a special manager of the property or business of a company for the court to fix the special manager’s remuneration under the Corporations Act 2001 (Cth) (S484 (2)),.

·      At least 21 days before filing the application, the special manager must serve a Notice in Form 16 of the special manager’s intention to apply, and a copy of any Affidavit which the special manager intends to lodge, on the following persons:

o   the liquidator of the company;

o   each member of any committee of creditors or committee of inspection or, if there is no committee of creditors or committee of inspection, each of the 5 largest (measured by amount of debt) creditors of the company;

o   each shareholder who holds at least 10% of the shares in the company.

·      Within 21 days after receiving these documents, the liquidator, or any creditor or shareholder, may give to the special manager a notice of objection to the remuneration claimed, stating the reasons for objection.

9.5

Service of Examination Summons

An Examination Summons issued by the court must be personally served, or served in any other manner as the court may direct, on the person who is to be examined at least 8 days before the date fixed for examination.

11.4

Discharge of Examination Summons

This rule applies if a person is served with an Examination Summons.

Within 3 days after the person is served with the Examination Summons, the person may apply to the court for an order cancelling the Summons by filing:

(a) an Application seeking an order cancelling the summons; and

(b) an Affidavit stating the facts in support of the application.

11.5

Entitlement to record or transcript of examination held in public

The person examined may apply to the Registrar, within 3 years after the date of completion of examination, for a copy of the record or transcript of the part of the examination of the person held in public (11.9 (2)).

11.9