Federal Court (Corporations) Rules 2000 (Cth)
made under the
This is a
compilation of the
The notes at the
end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Rules may be cited as the
Federal Court (Corporations) Rules 2000 .
(1) Unless the Court otherwise orders:
(a) these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and
(b) Division 15A applies to a proceeding in the Court under the Cross‑Border Insolvency Act.
(2) The other rules of the Court apply, to the extent that they are relevant and not inconsistent with these Rules:
(a) to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules; and
(b) to a proceeding in the Court under the Cross‑Border Insolvency Act that is commenced on or after the commencement of Division 15A.
(3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules.
Note: By virtue of the definition of
this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations.
(1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act.
Note: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include:
ABN (short for ‘Australian Business Number’)—see section 9
ACN (short for ‘Australian Company Number’)—see section 9
ARBN (short for ‘Australian Registered Body Number’)—see section 9
ASIC —see section 9
body —see section 9
body corporate —see section 9
books —see section 9
company —see section 9
corporation —see section 57A
daily newspaper —see section 9
foreign company —see section 9
Part 5.1 body —see section 9
Part 5.7 body —see section 9
register —see section 9
registered liquidator —see section 9
registered office —see section 9
statutory demand —see section 9.(2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule.
Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule.
In these Rules, unless the contrary intention appears:
applicant means a person claiming interlocutory relief in a proceeding.
ASIC Act means theAustralian Securities and Investments Commission Act 2001 .
Corporations Act means theCorporations Act 2001 .
Corporations Regulations means theCorporations Regulations 2001 .
Cross‑Border Insolvency Act means theCross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law.
defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not.
Insolvency Practice Schedule (Corporations) means Schedule 2 to the Corporations Act.
interlocutory process means an interlocutory process in accordance with Form 3.
Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act.
originating process means an originating process in accordance with Form 2.
plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not.
respondent means a person against whom interlocutory relief is claimed in a proceeding.
In these Rules, unless the contrary intention appears:
(a) a reference to a rule is a reference to a rule in these Rules; and
(b) a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.
(1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.
(2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules.
The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that:
(a) the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or
(b) a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in the proceeding.
(1) If, for any purpose, these Rules:
(a) prohibit, permit or require an act or thing to be done within, by, or before the end of; or
(b) otherwise prescribe, allow or provide for;
a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be.
(2) Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted.
(3) If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day.
(4) In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted.
Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply.
The title of a document filed in a proceeding must be in accordance with Form 1.
(1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court:
(a) if the application is not made in a proceeding already commenced in the Court—by filing an originating process; and
(b) in any other case, and whether interlocutory relief or final relief is claimed—by filing an interlocutory process.
(2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding.
(3) An originating process must:
(a) be in accordance with Form 2; and
(b) state:
(i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and
(ii) the relief sought.
(4) An interlocutory process must:
(a) be in accordance with Form 3; and
(b) state:
(i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and
(ii) the relief sought.
Note: In an application for winding up in insolvency on the ground that the company has failed to comply with a statutory demand, the applicant should consider completing Part C of Form 2 as shown in Schedule 3 (Notes to these Rules).
On receiving an originating process or interlocutory process, the Registrar:
(a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and
(b) may seal a sufficient number of copies for service and proof of service.
(1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process.
(2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed.
Note: An example of the affidavit in support of an application for winding up in insolvency for failure to comply with a statutory demand is shown in Schedule 3 (Notes to these Rules).
(1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company.
(2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand.
(3) The plaintiff must:
(a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and
(b) either:
(i) annex the record of the search to the affidavit in support of the originating process; or
(ii) file the record of the search before or tender it on the hearing of the application.
Subject to rule 5.4, an affidavit that is to be made by a creditor may be made:
(a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or
(b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or
(c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor.
An affidavit must be in a form that complies with:
(a) the rules of the Court; or
(b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed.
(1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on:
(a) each defendant (if any) to the proceeding; and
(b) if the corporation to which the proceeding relates is not a party to the proceeding—the corporation.
(2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on:
(a) each respondent (if any) to the application in the interlocutory process; and
(b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation.
(1) This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC.
(2) This rule does not apply to a person making an application if the person is ASIC or a person authorised by ASIC.
(3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application.
1A | Section 423 | To inquire into the conduct of a controller |
1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company |
2 | Subsection 482(1) | For the stay or termination of a winding up |
3 | subsection 509(2) | For the deregistration of a company |
5 | Subsection 601AH(2) | To reinstate the registration of a company |
6 | Subsection 601CC(8) | To restore the name of an Australian body to the register |
7 | Subsection 601CL(9) | To restore the name of a foreign company to the register |
8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters |
9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision |
10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator |
11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company |
12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company |
(1) A person who intends to appear before the Court at the hearing of an application must, before appearing:
(a) file:
(i) a notice of appearance in accordance with Form 4; and
(ii) if appropriate—an affidavit stating any facts on which the person intends to rely; and
(b) serve on the plaintiff a copy of the notice of appearance and any affidavit not later than:
(i) if the person is named in an originating process—3 days before the date fixed for hearing; or
(ii) if the person is named in an interlocutory process—1 day before the date fixed for hearing.
(2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act.
(3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i).
Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice.
(1) If ASIC intends to intervene in a proceeding, ASIC must file a notice of intervention in accordance with Form 5.
(2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding.
(1) This rule applies in relation to any matter published in connection with a proceeding.
(2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file:
(a) an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or
(b) a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter.
(3) The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum.
(1) The Court may grant leave to any person who is, or who claims to be:
(a) a creditor, contributory or officer of a corporation; or
(b) an officer of a creditor, or contributory, of a corporation; or
(c) any other interested person;
to be heard in a proceeding without becoming a party to the proceeding.
(2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may:
(a) direct that the person pay the costs; and
(b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court’s satisfaction.
(3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding.
(4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3):
(a) on application by the person or a party to the proceeding; or
(b) on the Court’s own initiative.
(5) The Court may:
(a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and
(b) remove any person so appointed.
The Court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates.
Subject to the Corporations Act, these Rules and any direction of the Court to the contrary, to the extent applicable, Division 75 of the Insolvency Practice Schedule (Corporations) and Division 75 of the
Insolvency Practice Rules (Corporations) 2016 apply to meetings ordered by the Court.
This Division applies if an application is made to the Court for approval of a compromise or arrangement between a Part 5.1 body and its creditors or members, or any class of its creditors or members.
Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating:
(a) the names of the persons who have been nominated to be the chairperson and alternate chairperson of the meeting; and
(b) that each person nominated:
(i) is willing to act as chairperson; and
(ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and
(iii) has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and
(c) the name of the person (if any) proposed to be appointed to administer the proposed compromise or arrangement; and
(d) that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit.
(1) An order under subsection 411(1) or (1A) of the Corporations Act ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement.
(2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the Corporations Act must be convened, held and conducted in accordance with:
(a) the provisions of Part 2G.2 of the Corporations Act that apply to the members of a company; and
(b) the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Corporations Act.
(3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Corporations Act must be convened, held and conducted as if:
(a) the holders were a separate class of members; and
(b) the meeting were a meeting of members convened, held and conducted under subrule (2);
but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued.
(1) This rule applies to:
(a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and
(b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies.
(2) Unless the Court otherwise orders, the plaintiff must publish a notice of the hearing of the application:
(a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or
(b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business.
(3) The notice must be:
(a) in accordance with Form 6; and
(b) published at least 5 days before the date fixed for the hearing of the application.
If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made:
(a) have the order sealed; and
(b) lodge an office copy of the order with ASIC; and
(c) serve an office copy of the order on any person appointed to administer the compromise or arrangement.
Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation.
A complaint to the Court under paragraph 423(1)(b) of the Corporations Act about an act or omission of a receiver, or a controller appointed by the Court, must be made by an originating process seeking an inquiry in relation to the complaint. The complaint may be made by a person mentioned in any of paragraphs 11.2(1)(a) to (d).
Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation.
An application to the Court:
(a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or
(b) under section 90‑10 of that Schedule for an inquiry into the external administration of a company; or
(c) under section 90‑20 of that Schedule for an order in relation to the external administration of a company;
must be made:
(d) in the case of a winding up by the Court—by an interlocutory process seeking the inquiry or order; or
(e) in any other case—by an originating process seeking the inquiry or order.
Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order.
This Division applies to the following applications for the winding up of a company:
(a) an application for an order under Part 2F.1 of the Corporations Act;
(b) an application under Part 5.4 or Part 5.4A of the Corporations Act.
For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must:
(a) be in accordance with Form 7 and state the matters mentioned in that Form; and
(b) be made by the creditor or by a person with the authority of the creditor or creditors; and
(c) not state a proceeding number, or refer to a Court proceeding, in any heading or title to the affidavit.
An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made.
(1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs.
(2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must:
(a) verify service of the demand on the company; and
(b) verify the failure of the company to comply with the demand; and
(ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; and
(c) state whether and, if so, to what extent the debt, or each of the debts, to which the demand relates is still due and payable by the company at the date when the affidavit is made.
Note: An example of the affidavit in support of an application for winding up in insolvency for failure to comply with a statutory demand is shown in Schedule 3 (Notes to these Rules).
(3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must:
(a) state whether the company is able to pay all its debts as and when they become due and payable; and
(b) refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence.
(4) The affidavit must be made within 7 days before the originating process is filed.
(1) In this rule:
liquidator does not include a provisional liquidator.
(2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8.
(3) In an application for an order that a company be wound up, the plaintiff must:
(a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and
(b) serve a copy of the consent on the company at least 1 day before the hearing.
(1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9.
Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act.
(2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published:
(a) at least 3 days after the originating process is served on the company; and
(b) at least 7 days before the date fixed for the hearing of the application.
A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company.
An application for an order that a company be wound up may not be discontinued except with the leave of the Court.
After filing an originating process seeking an order that a company be wound up, the plaintiff must, if required:
(a) appear before the Registrar on a date to be appointed by the Registrar; and
(b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order.
(1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up.
(2) The notice must be in accordance with Form 10.
(3) Unless otherwise directed by the Court, the notice must be published:
(a) at least 7 days before the date fixed for the hearing of the application; and
(b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business.
(1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company.
(2) Not later than the day after the order is made, the plaintiff must inform the liquidator of the appointment.
(3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 11.
Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act.
(4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment.
(5) In this rule:
liquidator does not include a provisional liquidator.
Note: See also rule 7.3 (report to provisional liquidator as to company’s affairs under section 475 of the Corporations Act).
(1) An application for a registered liquidator to be appointed, under subsection 472(2) of the Corporations Act, as a provisional liquidator of a company must be accompanied by the written consent of the registered liquidator.
(2) The consent must be in accordance with Form 8.
(3) If:
(a) an order is made appointing a provisional liquidator; and
(b) the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the property of the company;
the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody.
(4) The Court may require the plaintiff to give an undertaking as to damages.
(1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company.
(2) Not later than the day after the order is made, the plaintiff must:
(a) except if the plaintiff is ASIC—lodge an office copy of the order with ASIC; and
(b) serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and
(c) give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b).
(3) If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator’s appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12.
Note: If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act.
(4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator’s appointment must be published as soon as practicable after the relevant order is made.
If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed.
Note: The Court may make the appointment:
(a) on its own initiative, during proceedings before the Court; or
(b) on application under section 90‑20 of the Insolvency Practice Schedule (Corporations).
See subsection 90‑15(2) of that Schedule.
(1A) In this rule:
liquidator includes a provisional liquidator.
(1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report.
(2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been:
(a) sanctioned by the liquidator before being incurred; or
(b) taxed or assessed.
(3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act.
(4) Unless the Court otherwise orders, a report filed by a liquidator under subsection 475(7) of the Corporations Act is not available for inspection by any person.
Note: A report filed by a liquidator under subsection 475(7) of the Corporations Act may include commercial‑in‑confidence information that may not be inspected: see subsection 1274(4G) of the Corporations Act.
If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, within 14 days after doing so, file the certificate and a copy of the list.
(1) This rule applies to an application by the liquidator of a company:
(a) for an order that the liquidator be released; or
(b) for an order that the liquidator be released and that ASIC deregister the company.
(2) The interlocutory process seeking the order must include:
(a) a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection, in the prescribed form, within 21 days after the date of service of the interlocutory process; and
(b) a statement setting out the terms of subsection 481(3) of the Corporations Act.
Note: Subsection 481(3) of the Corporations Act provides that an order of the Court releasing a liquidator discharges the liquidator from all liability in respect of any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact.
(3) The supporting affidavit must include details of the following matters:
(a) whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding up;
(b) any calls made on contributories in the course of the winding up;
(c) any dividends paid in the course of the winding up;
(d) whether the committee of inspection (if any) has passed a resolution approving the liquidator’s release;
(e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations);
(f) whether the Court has ordered a report on the accounts of the liquidator to be prepared;
(g) whether any objection to the release of the liquidator has been received by the liquidator from:
(i) an auditor appointed by ASIC or by the Court; or
(ii) any creditor, contributory or other interested person;
(h) whether any report has been submitted by the liquidator to ASIC under section 533 of the Corporations Act;
(i) whether the liquidator considers it necessary to report on the affairs of the company or any of its officers;
(j) any property disclaimed in the course of the winding up;
(k) any remuneration paid or payable to the liquidator and how such remuneration was determined;
(l) any costs, charges or expenses payable by the liquidator if the Court grants the liquidator’s release;
(m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered.
(4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets:
(a) ‘To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory [except as disclosed in this affidavit]’;
(b) ‘I am not aware of any claim made by any person that there has been any such act or default [except as disclosed in this affidavit]’.
(5) The liquidator must file with, or annex to, the supporting affidavit:
(a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and
(b) a summary of the liquidator’s receipts and payments in winding up the company.
(6) Unless the Court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding up, and on each contributory, a copy of the interlocutory process accompanied by:
(a) a copy of the summary of the liquidator’s receipts and payments in winding up the company; and
(b) a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed.
(1) A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release:
(a) file:
(i) a notice of objection in accordance with Form 13; and
(ii) if appropriate, an affidavit stating any facts relied on; and
(b) serve a copy of the notice and the affidavit (if any) on the liquidator.
(2) If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, within 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process.
(1) If the Court orders that a report on the accounts of a liquidator be prepared under subsection 481(1) of the Corporations Act, the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report.
(2) On completing the report, the auditor must:
(a) file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under subsection 481(1) of the
Corporations Act 2001 ’; and(b) serve a copy of the report on the liquidator; and
(c) lodge a copy of the report with ASIC.
(3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or ASIC.
The affidavit in support of an application by the liquidator of a company, under paragraph 483(3)(b) of the Corporations Act for an order for the payment of a call must be in accordance with Form 14.
(1) The affidavit in support of an application for special leave to distribute a surplus in relation to a company must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus.
(2) At least 14 days before the date fixed for hearing of the application, the liquidator must publish a notice of the application in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business.
(3) The notice must be in accordance with Form 15.
Subject to the Corporations Act, the Corporations Regulations, these Rules, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Corporations Act in respect of the matters mentioned in subsection 488(1) of the Act may be exercised or performed by a liquidator appointed by the Court as an officer of the Court and subject to the control of the Court.
(1) An application to the Court under subsection 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made:
(a) in the case of a winding up by the Court—by filing an interlocutory process seeking the relevant orders; or
(b) in the case of a voluntary winding up—by filing an originating process seeking the relevant orders.
(2) The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90‑18 of the
Insolvency Practice Rules (Corporations) 2016 .
(1) An application by a liquidator for the appointment of a special manager in relation to a company must state the powers which, in the liquidator’s opinion, should be entrusted by the Court to the special manager.
(2) The supporting affidavit must state:
(a) the circumstances making it proper that a special manager be appointed; and
(b) details of the remuneration proposed to be paid to the special manager; and
(c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager.
(1) The Court may, from time to time, direct that the amount of security given by a special manager be varied.
(2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up:
(a) are the personal expenses of the special manager; and
(b) must not be charged against the property of the company as an expense incurred in the winding up.
(1) A special manager must give to the liquidator:
(a) an account of the special manager’s receipts and payments; and
(b) a statutory declaration verifying the account.
(2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts.
(1) This rule applies to an application by a receiver of property of a corporation for an order under subsection 425(1) of the Corporations Act fixing the receiver’s remuneration.
Note 1: Under paragraph 425(2)(b) of the Corporations Act, the Court may exercise its power to make an order fixing the remuneration of a receiver appointed under an instrument even if the receiver has died, or has ceased to act, before the making of the order or the application for the order.
Note 2: The amendment to section 425 of the Corporations Act made by the
Corporations Amendment (Insolvency) Act 2007 applies in relation to a receiver appointed on or after 31 December 2007—see Corporations Act s 1480(5).(2) At least 21 days before filing an originating process, or interlocutory process, seeking the order, the receiver must serve a notice in accordance with Form 16 of the receiver’s intention to apply for the order, and a copy of any affidavit on which the receiver intends to rely, on the following persons:
(a) the person who appointed the receiver;
(b) any creditor holding security over all or any of the same property of the corporation (except if the creditor is the person who appointed the receiver);
(c) any administrator, liquidator or provisional liquidator of the corporation;
(d) any administrator of a deed of company arrangement executed by the corporation;
(e) if there is no person of the kind mentioned in paragraph (c) or (d):
(i) each of the 5 largest (measured by amount of debt) unsecured creditors of the corporation; and
(ii) each member of the corporation whose shareholding represents at least 10 per cent of the issued capital of the corporation.
(3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory, or any person mentioned in paragraph (2)(c), (d) or (e), may give to the receiver a notice of objection to the remuneration claimed, stating the grounds of objection.
(4) If the receiver does not receive a notice of objection within the period mentioned in subrule (3):
(a) the receiver may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the order stating:
(i) the date, or dates, when the notice and affidavit required to be served under subrule (2) were served; and
(ii) that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and
(b) the receiver may endorse the originating process, or interlocutory process, with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the receiver; and
(c) the application may be so dealt with.
(5) If the receiver receives a notice of objection within the period mentioned in subrule (3), the receiver must serve a copy of the originating process, or interlocutory process, seeking the order on each creditor or contributory, or other person, who has given a notice of objection.
(6) An affidavit in support of the originating process, or interlocutory process, seeking the order must:
(a) include evidence of the matters mentioned in subsection 425(8) of the Corporations Act; and
(b) state the nature of the work performed or likely to be performed by the receiver; and
(c) state the amount of remuneration claimed; and
(d) include a summary of the receipts taken and payments made by the receiver; and
(e) state particulars of any objection of which the receiver has received notice; and
(f) if the receivership is continuing—give details of any matters delaying the completion of the receivership.
(1) This rule applies in relation to an application for a determination under paragraph 60‑10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration.
Note: Section 60‑10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations).
(2) At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice in accordance with Form 16 of the external administrator’s intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons:
(a) each creditor who was present, in person or by proxy, at any meeting of creditors;
(b) each member of any committee of inspection;
(c) 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;
(d) each member of the company whose shareholding represents at least 10% of the issued capital of the company.
(3) Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection.
(4) If the external administrator does not receive a notice of objection within the period mentioned in subrule (3):
(a) the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating:
(i) the date, or dates, when the notice and affidavit required to be served under subrule (2) were served; and
(ii) that the external administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and
(b) the external administrator may endorse the originating process, or interlocutory process, with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the external administrator; and
(c) the application may be so dealt with.
(5) If the external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection.
(6) An affidavit in support of the originating process, or interlocutory process, seeking the determination must:
(a) include evidence of the matters mentioned in section 60‑12 of the Insolvency Practice Schedule (Corporations); and
(b) state the nature of the work performed or likely to be performed by the external administrator; and
(c) state the amount of remuneration claimed; and
(d) include a summary of the receipts taken and payments made by the external administrator; and
(e) state particulars of any objection of which the external administrator has received notice; and
(f) if the external administration is continuing—give details of any matters delaying the completion of the external administration.
(1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company.
Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations).
Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule.
(3) At least 21 days before filing the originating process, or the interlocutory process, applying for a review, the plaintiff or applicant must serve a notice, in accordance with Form 16A, of intention to apply for the review and a copy of any affidavit on which the plaintiff or applicant intends to rely (other than an affidavit required by subrule (9)), on the following persons:
(a) if there is a committee of inspection—each member of the committee;
(b) if the remuneration of the external administrator was determined by the creditors—each creditor who was present, in person or by proxy, at the meeting of creditors at which the remuneration was determined;
(c) each member of the company whose shareholding represents at least 10% of the issued capital of the company.
(4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice:
(a) stating the person’s intention to appear at the hearing of the application for review; and
(b) setting out the issues that the person seeks to raise before the Court.
(5) A person mentioned in subrule (3) is entitled to be heard on the application for review, but only (unless the Court otherwise orders) if the person has served on the plaintiff or applicant a notice in accordance with subrule (4).
(6) If the plaintiff or applicant is served with a notice in accordance with subrule (4), the plaintiff or applicant must serve a copy of the originating process or interlocutory process applying for the review on each person who has served such a notice.
(7) The external administrator must file an affidavit stating the following matters:
(a) the matters mentioned in section 60‑12 of the Insolvency Practice Schedule (Corporations);
(b) the nature of the work performed or likely to be performed by the external administrator;
(c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined;
(d) a summary of the receipts taken and payments made by the external administrator;
(e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice;
(f) if the external administration is continuing—details of any matters delaying the completion of the external administration.
(9) The plaintiff or applicant must:
(a) file an affidavit stating whether any notice or notices under subrule (4) has or have been served; and
(b) annex or exhibit to the affidavit a copy of any such notice.
(1) This rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60‑16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive.
(2) The application must be made by interlocutory process in the winding up proceeding.
(3) At least 21 days before filing the interlocutory process seeking the determination, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the determination, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons:
(a) any liquidator (except the provisional liquidator) of the company;
(b) 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;
(c) each member of the company whose shareholding represents at least 10 per cent of the issued capital of the company.
(4) Within 21 days after the last service of the documents mentioned in subrule (3), the liquidator, or any creditor or contributory, may give to the provisional liquidator a notice of objection to the remuneration claimed, stating the grounds of objection.
(5) If the provisional liquidator does not receive a notice of objection within the period mentioned in subrule (4):
(a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the determination stating:
(i) the date, or dates, when the notice and affidavit required to be served under subrule (3) were served; and
(ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and
(b) the provisional liquidator may endorse the interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the provisional liquidator; and
(c) the application may be so dealt with.
(6) If the provisional liquidator receives a notice of objection within the period mentioned in subrule (4), the provisional liquidator must serve a copy of the interlocutory process seeking the determination:
(a) on each creditor or contributory who has given a notice of objection; and
(b) on the liquidator (if any).
(7) An affidavit in support of the interlocutory process seeking the determination must:
(a) state the nature of the work performed or likely to be performed by the provisional liquidator; and
(b) state the amount of remuneration claimed; and
(c) include a summary of the receipts taken and payments made by the provisional liquidator; and
(d) state particulars of any objection of which the provisional liquidator has received notice; and
(e) if the winding up proceeding has not been determined—give details of:
(i) any reasons known to the provisional liquidator why the winding up proceeding has not been determined; and
(ii) any reasons why the provisional liquidator’s remuneration should be determined before the determination of the winding up proceeding.
(8) The affidavit must also provide evidence of the matters mentioned in section 60‑12 of the Insolvency Practice Schedule (Corporations):
(a) to the extent that they may be relevant to a provisional liquidator; and
(b) as if references in that subsection to ‘external administrator’ were references to ‘provisional liquidator’.
(1) This rule applies to an application by a special manager of the property or business of a company for an order under subsection 484(2) of the Corporations Act fixing the special manager’s remuneration.
(2) The application must be made by interlocutory process in the winding up proceeding.
(3) At least 21 days before filing the interlocutory process seeking the order, the special manager must serve a notice in accordance with Form 16 of the special manager’s intention to apply for the order, and a copy of any affidavit on which the special manager intends to rely, on the following persons:
(a) the liquidator of the company;
(b) 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;
(c) each member of the company whose shareholding represents at least 10 per cent of the issued capital of the company.
(4) Within 21 days after the last service of the documents mentioned in subrule (3), the liquidator, or any creditor or contributory, may give to the special manager a notice of objection to the remuneration claimed, stating the grounds of objection.
(5) If the special manager does not receive a notice of objection within the period mentioned in subrule (4):
(a) the special manager may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the order stating:
(i) the date, or dates, when the notice and affidavit required to be served under subrule (3) were served; and
(ii) that the special manager has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and
(b) the special manager may endorse the interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the special manager; and
(c) the application may be so dealt with.
(6) If the special manager receives a notice of objection within the period mentioned in subrule (4), the special manager must serve a copy of the interlocutory process seeking the order:
(a) on each creditor or contributory who has given a notice of objection; and
(b) on the liquidator.
(7) The affidavit in support of the interlocutory process seeking the order must:
(a) state the nature of the work performed or likely to be performed by the special manager; and
(b) state the amount of remuneration claimed; and
(c) include a summary of the receipts taken and payments made by the special manager; and
(d) state particulars of any objection of which the special manager has received notice; and
(e) if the special management is continuing—give details of any matters delaying the completion of the special management.
A reference to the Court by a liquidator of a company under paragraph 554A(2)(b) of the Corporations Act must be made:
(a) in the case of a winding up by the Court—by filing an interlocutory process seeking an order estimating, or determining a method for working out, the value of the debt or claim; and
(b) in the case of a voluntary winding up—by filing an originating process seeking an order estimating, or determining a method for working out, the value of the debt or claim.
(1) The affidavit in support of an application by a liquidator, under subsection 568(1A) of the Corporations Act, for leave to disclaim a contract in relation to a company must:
(a) specify the persons interested, and their interests, under the contract; and
(b) state the facts on which it is submitted that the contract should be disclaimed.
(2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract.
These Rules apply, with any necessary adaptations, and in the same way as they apply to a company, in relation to the winding up of a Part 5.7 body or a registered scheme.
In this Division:
examination summons means a summons under section 596A or 596B of the Corporations Act for the examination of a person about a corporation’s examinable affairs.
(1) An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following:
(a) a person with a financial interest in the administration of the corporation;
(b) an officer of the corporation;
(c) if the committee of inspection (if any) so resolves—a creditor, on behalf of the committee;
(d) ASIC.
Note: An application:
(a) under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or
(b) under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry;
may be made by a person mentioned in subsection 90‑10(2) of the Insolvency Practice Schedule (Corporations): see paragraph 411(9)(b) of the Corporations Act and subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations).
(2) The following applications may be made without notice to any person:
(a) an application under paragraph 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry;
(b) an application for an order for an examination or investigation under subsection 423(3) of the Corporations Act;
(c) an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry.
(3) The provisions of this Division that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations).
(1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires.
(2) The application may be made without notice to any person.
(3) The originating process, or interlocutory process, seeking the issue of the examination summons must be:
(a) supported by an affidavit stating the facts in support of the process; and
(b) accompanied by a draft examination summons.
(4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate:
(a) “Application and supporting affidavit for issue of summons for examination under section 596A of the
Corporations Act 2001 ”; or(b) “Application and supporting affidavit for issue of summons for examination under section 596B of the
Corporations Act 2001 ”.(4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit:
(a) must be marked “Confidential”; and
(b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate:
(i) “Application and supporting affidavit for issue of summons for examination under section 596A of the
Corporations Act 2001 ”; or(ii) “Application and supporting affidavit for issue of summons for examination under section 596B of the
Corporations Act 2001 ”.(5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit.
(6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit.
(7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person.
(8) An examination summons must be in accordance with Form 17.
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 the examination.
(1) This rule applies if a person is served with an examination summons.
(2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing:
(a) an interlocutory process seeking an order discharging the summons; and
(b) an affidavit stating the facts in support of the interlocutory process.
(3) As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on:
(a) the person who applied for the examination; and
(b) unless that person is ASIC or a person authorised by ASIC—ASIC.
If the Court makes an order in relation to an examination under subsection 597(13) of the Corporations Act, the Court may give directions for the filing of the written record of the examination.
For the purposes of subsection 597(14) of the Corporations Act, a transcript of an examination may be authenticated:
(a) by the person, or persons, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or persons, that the record is a true transcript of the record of examination; or
(b) by any person present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present.
(1) A written record or transcript of an examination or investigation under section 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) is not available for inspection by any person except:
(a) with the consent of the liquidator (if any) or ASIC; or
(b) by leave of the Court.
(2) This rule does not apply to the liquidator, ASIC or any person authorised by ASIC.
(1) This rule applies if:
(a) an examination under section 597 of the Corporations Act is held wholly or partly in public; and
(b) a written record or transcript of the examination is filed in the Court.
(2) The person examined may apply to the Registrar, within 3 years after the date of completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public.
(3) On receiving an application from a person under subrule (2), and any applicable fee, the Registrar must give a copy of the record or transcript to the person.
(1) This rule applies if a person is summoned or ordered by the Court to attend for examination, and:
(a) without reasonable cause, the person:
(i) fails to attend at the time and place appointed; or
(ii) fails to attend from day to day until the conclusion of the examination; or
(iii) refuses or fails to take an oath or make an affirmation; or
(iv) refuses or fails to answer a question that the Court directs the person to answer; or
(v) refuses or fails to produce books that the summons requires the person to produce; or
(vi) fails to comply with a requirement by the Court to sign a written record of the examination; or
(b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond.
(2) The Court may:
(a) issue a warrant for the arrest of the person summoned or ordered to attend for examination; and
(b) make any other orders that the Court thinks just or necessary.
(1) This rule applies to a person applying for an order under section 598 of the Corporations Act.
(2) In addition to complying with rules 2.7 and 2.8, the person must serve a copy of the originating process, or interlocutory process, as the case requires, and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body.
Note: Under rule 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates. In certain cases, these documents may also be required to be served on ASIC—see rule 2.8.
(1) An application for the issue of a warrant under subsection 486B(1) of the Corporations Act for the arrest of a person must state the grounds for the issue of the warrant.
(2) The application must be accompanied by an affidavit stating the facts in support of the application.
(3) The warrant must be in accordance with Form 17A.
(4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.
Note: Sections 489A to 489E of the Corporations Act, inserted by the
Corporations Amendment (Insolvency) Act 2007 , apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3).
If ASIC is not a party to an application made under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on ASIC as soon as practicable after filing the originating process.
Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act.
(1) This rule applies to a party to a proceeding who suspects or becomes aware that:
(a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and
(b) the proceeding falls within the definition of
court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act.(2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge.
(3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party.
(1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process.
(2) The application may be made ex parte.
(3) The originating process, or interlocutory process, seeking the issue of the summons must be:
(a) supported by an affidavit stating the facts in support of the process; and
(b) accompanied by a draft summons.
(4) Unless the Court otherwise orders, a summons issued under this rule is to be in accordance with Form 18.
As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on:
(a) the company; and
(b) any person against whom an order is sought.
93 | subsection 544(2) | Power to order account of funds in hands of liquidator, audit or payment of money by liquidator | |
94 | section 545 | Power to direct to liquidator to incur particular expense | |
95 | section 554A | Power to estimate or determine value of debts and claims | |
96 | 14.1(3) | Power to extend time for filing of appeal authorised by the Corporations Act | |
97 | section 554G | Power to grant leave to secured creditor to amend valuation of security in proof of debt | |
98 | section 564 | Power to make an order in favour of creditors who give company indemnity for costs of litigation | |
99 | sections 568, 568B, 568E and 568F | 10.2 | Power to make an order in relation to disclaimer of onerous property |
100 | sections 583 and 585 | 10.3 | Power in relation to winding up Part 5.7 bodies |
101 | sections 596A, 596B, 596F, 597, 597A and 597B | 11.3 11.4 11.6 11.7 11.9 | Power to make an order in relation to examinations |
102 | subsection 601AH(2) | Power to order reinstatement of registration of a company | |
103 | subsection 601AH(3) | Power to:
| |
104 | subsection 601BJ(2) | Power to approve modification in constituent documents of registered company | |
105 | subsection 601CC(9) | Power to order restoration of name of registered Australian body to the Register | |
106 | subsection 601CL(10) | Power to order restoration of name of registered foreign company to the Register | |
107 | section 1071D | 12.2 | Power to make an order in relation to a person summoned |
108 | section 1071F | Power to make an order in relation to a company’s refusal to register a share transfer | |
109 | subsection 1071H(6) | Power to make an order to remedy default in issuing certificate etc | |
110 | section 1274 | Power to make an order where failure to lodge, amend etc a document | |
111 | section 1303 | Power to order that books be available for inspection | |
112 | section 1319 | Power to give directions with respect to meetings | |
113 | section 1322 | Power to make an order in relation to irregularities | |
114 | section 1325D | Power to make an order where contravention of a provision of Chapter 6 due to inadvertence | |
115 | section 1335 | Power to make an order as to costs |
1 | subsection 20‑70(3) | Power to extend time to apply to ASIC for renewal of a liquidator’s registration | |
2 | paragraph 40‑5(4)(b) | Power to give a direction to a liquidator to lodge a document or give any information or document | |
3 | paragraph 40‑10(4)(b) | Power to direct a liquidator:
(b) to complete or correct information; or
| |
4 | subsection 45‑1(1) | Power to make orders in relation to a registered liquidator | |
5 | paragraphs 60‑10(1)(c) and (2)(b) | 9.2 | Power to determine an external administrator’s remuneration |
6 | subsection 60‑11(3) | 9.2A | Power to review a remuneration determination for an external administrator of a company |
7 | subsection 60‑16(1) | 9.3 | Power to determine a provisional liquidator’s remuneration |
8 | section 65‑45 | Power to give directions regarding the handling of money and securities by an external administrator | |
9 | paragraph 70‑35(3)(c) | Power to give directions in relation to destruction of the books of a company | |
10 | section 70‑90 | Power to order an external administrator to give relevant material to a person | |
11 | subsection 75‑41(3) | Power to make orders in relation to proposals considered at a meeting of creditors | |
12 | subsection 75‑42(4) | Power to order that a resolution passed at a meeting of creditors because of a casting vote be set aside or varied and make further orders or give further directions | |
13 | subsection 75‑43(4) | Power to order that a resolution considered at a meeting of creditors is taken to have been passed and make further orders or give further directions | |
14 | subsection 80‑50(2) | Power to approve a committee of inspection incurring expenses in obtaining advice or assistance | |
15 | paragraph 80‑55(5)(b) | Power to give leave for a member of committee of inspection to derive a profit or advantage | |
16 | subsection 90‑5(1) | Power to inquire into the external administration of a company | |
17 | subsections 90‑5(2) and 90‑10(4) | Power to require an external administrator or former external administrator to give information, provide a report or produce a document | |
18 | subsection 90‑10(1) | Power to inquire into the external administration of a company on application of creditors | |
19 | section 90‑15 | 7.2 and 11.8 | Power to make orders in relation to the external administration of a company, including the following:
|
20 | subsections 90‑23(6) and (9) | Power to appoint a registered liquidator to carry out a review into a matter that relates to the external administration of a company and to specify the matters which the liquidator is appointed to review and the way in which the cost of carrying out the review is to be determined | |
21 | section 90‑28 | Power to make orders in relation to a review by a reviewing liquidator on the application of the reviewing liquidator, a person with a financial interest in the external administration of the company or an officer of the company | |
22 | subsections 90‑35(6) and (7) | Power to order the reappointment of a former external administrator |
1 | paragraph 5.3B.02(1)(e) | Power to order that a restructuring of a company is to end | |
2 | subregulation 5.3B.17(4) | Power to order an extension of the proposal period | |
3 | subregulation 5.3B.30(3) | Power to grant leave for person bound by a restructuring plan to make or proceed with an application to wind up the company or begin or proceed with any proceedings | |
4 | subregulation 5.3B.34(1) | Power to appoint a new restructuring practitioner if original appointee dies, is prohibited from acting, or resigns | |
5 | subregulation 5.3B.34(4) | Power to appoint a person as restructuring practitioner where for some reason no restructuring practitioner for the plan is acting | |
6 | paragraph 5.3B.39(2)(c) | Power to grant leave for restructuring practitioner of plan to dispose of secured property or property used or occupied by company but owned by others | |
7 | subregulation 5.3B.39(4) | The power to direct that a restructuring practitioner not dispose of property in the ordinary course of business | |
8 | subregulation 5.3B.60(2) | Power to make orders with respect to creditor disputes before restructuring plan is made | |
9 | subregulation 5.3B.61(2) | Power to vary restructuring plan | |
10 | subregulation 5.3B.62(1) | Power to void a restructuring plan. | |
11 | subregulation 5.3B.62(3) | Power to validate a restructuring plan | |
12 | subregulation 5.3B.63(1) | Power to terminate restructuring plan | |
13 | subregulation 5.3B.64(2) | Power to order a secured creditor of the company not to realise or otherwise deal with the security interest, except as permitted by the order | |
14 | subregulation 5.3B.64(4) | Power to order that the owner or lessor of property that is used or occupied by, or is in the possession of, a company not to take possession of the property or otherwise recover it | |
15 | subregulation 5.6.43A(2) | Power to extend time for appeal under subsection 554A(3) of the Corporations Act | |
16 | subregulation 5.6.53(2) | Power to make decision on proof of debt where liquidator has not dealt with request to admit a proof of debt | |
17 | subregulation 5.6.54(2) | Power to extend time to appeal rejection of proof of debt | |
18 | subregulation 5.6.62(2) | Power to extend time to appeal inclusion on list of contributories | |
19 | subregulation 5.6.66(2) | Power to make decision on proof of debt where liquidator has not dealt with a formal proof of debt or claim |
1 | subsection 79(4) | Power to extend period to give notice of intention to have statements made at examination admitted |
(rules 2.2, 2.4 and 5.4)
1
. The plaintiff relies on failure by the defendant to comply with a statutory demand. A copy of the demand, marked A, is attached to this originating process.2. The demand was [
or The demand and an accompanying affidavit were] served by X.Y. who delivered it [or them] to the registered office of the defendant at [insert address ] on [insert date ] [or, if service was by post , who posted *it/*them by ordinary prepaid post to the registered office of the defendant at [insert address ] on [insert date ]]. [If applicable , A copy of the accompanying affidavit, marked B, is attached to this originating process.]3. The defendant failed to pay the amount of the debt demanded [
or the total of the debts demanded] or to secure or compound for that *amount/*total to the plaintiff’s reasonable satisfaction within 21 days after the demand was served on the defendant [or within 7 days after [insert date ] when an application by the defendant under section 459G of the Corporations Act was finally determined or otherwise disposed of] [or if the period for compliance with the demand was extended by order within the period specified in the order of the [insert name of Court ] on [insert date of order or, if more than one order, the date of the last such order ] as the period for compliance with the demand. A copy of the order, marked C, is attached to this originating process.]
[ If the demand was varied by order under subsection 459H(4) of the Corporations Act] 4
. The demand was varied by order of the [insert name of Court ] on [insert date of order ]. A copy of the order, marked D [or as the case may be ], is attached to this originating process.
*
Note 2 — see rule 2.4 and subrule 5.4(2) (Affidavit in support)
I, [
1. I am the above‑named plaintiff [
or if the applicant is a corporation , I am *a/*the director of the above‑named plaintiff which is registered or taken to be registered in [specify State or Territory ]. I am duly authorised to make this affidavit on its behalf]. Now produced and shown to me and markedA is a copy of the originating process to be filed in the proceeding.2. Annexed to this affidavit is a current and historical extract of the records maintained by the Australian Securities and Investments Commission with respect to the defendant.
3. [
Where the defendant is registered or taken to be registered in a State or Territory other than that of this Registry, state any facts — apart from the defendant’s principal place of business — which bear upon jurisdiction being exercised in the State or Territory of this Registry, rather than in another State or Territory .]4. The following facts are within my own personal knowledge save as otherwise stated.
5. The defendant was on [
state date of statutory demand or other relevant date ] indebted to the plaintiff in the sum of $ [amount ] for [state concisely the consideration, for example, goods sold and delivered etc. ] which sum was then due and payable.6. The demand, a copy of which is attached to the originating process, was signed by or on behalf of the plaintiff. I served the demand [
or the demand and the accompanying affidavit] as referred to in the originating process [or X.Y. has been instructed to make an affidavit of service of the demand [or the demand and the accompanying affidavit]].6A. The defendant has not made any application under section 459G of the Corporations Act to set aside the demand [
or On [insert date ], the defendant made an application under section 459G of the Corporations Act to [insert name of Court ] to set aside the demand. On [insert date ], that Court dismissed the application [or varied the demand by [state effect of variation ]]. Annexed to this affidavit is a true copy of the court order disposing of the application].7. The matters stated in the originating process concerning the demand and failure of the defendant to comply with it are true and correct.
8. The sum demanded remains due and payable by the defendant to me [
or the plaintiff].
Sworn,
*
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an
amendment that does not accurately describe how an amendment is to be made. If,
despite the misdescription, the amendment can be given effect as intended, then
the misdescribed amendment can be incorporated through an editorial change made
under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
1999 No. 359 | 22 Dec 1999 | 1 Jan 2000 | |
2000 No. 333 | 8 Dec 2000 | 1 Jan 2001 | — |
2001 No. 127 | 7 June 2001 | 30 June 2001 | — |
2002 No. 97 | 14 May 2002 | 14 May 2002 | — |
2003 No. 132 | 19 June 2003 | 19 June 2003 | — |
2003 No. 376 | 23 Dec 2003 | 23 Dec 2003 | — |
2005 No. 84 | 25 May 2005 (F2005L01219) | 26 May 2005 | — |
2006 No. 204 | 31 July 2006 (F2006L02509) | 1 Aug 2006 | — |
2007 No. 81 | 2 Apr 2007 (F2007L00881) | 3 Apr 2007 | — |
2007 No. 345 | 15 Oct 2007 (F2007L04091) | 16 Oct 2007 | — |
2008 No. 61 | 14 Apr 2008 (F2008L01070) | 15 Apr 2008 | — |
2008 No. 206 | 14 Oct 2008 (F2008L03766) | 15 Oct 2008 | — |
2009 No. 251 | 6 Oct 2009 (F2009L03724) | 7 Oct 2009 | — |
2010 No. 47 | 15 Mar 2010 (F2010L00655) | 16 Mar 2010 | — |
2011 No. 170 | 13 Sept 2011 (F2011L01895) | 14 Sept 2011 | — |
2012 No. 175 | 31 July 2012 (F2012L01631) | 1 Aug 2012 | — |
52, 2015 | 1 May 2015 (F2015L00626) | 2 May 2015 (r 2) | — |
Federal Court (Corporations) Amendment (Publication of Notices) Rules 2017 | 15 Mar 2017 (F2017L00234) | 16 Mar 2017 (r 2(1) item 1) | — |
Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017 | 5 Dec 2017 (F2017L01585) | 6 Dec 2017 (r 2(1) item 1) | — |
Federal Court Legislation Amendment Rules 2022 | 12 Jan 2023 (F2023L00033) | Sch 4: 13 Jan 2023 (r 2(1) item 1) | — |
Federal Court Legislation Amendment Rules 2024 | 4 June 2024 (F2024L00626) | Sch 3: 5 June 2024 (r 2(1) item 1) | — |
r. 1.1.......................................... | rs. 2000 No. 333 |
r 1.2........................................... | rep LA s 48D |
r. 1.3.......................................... | am. 2000 No. 333; 2003 No. 132; 2008 No. 206 |
r 1.4........................................... | am 2003 No 132; 2007 No 345; 2008 No 61; 2012 No 175; F2017L01585 |
r 1.5........................................... | am 2000 No 333; 2003 No 132; 2008 No 206; F2017L01585 |
r. 1.8.......................................... | am. 2000 No. 333; 2003 No. 132 |
r. 1.10........................................ | am. 2000 No. 333; 2003 No. 132 |
r. 2.2.......................................... | am. 2000 No. 333; 2003 No. 132; 2005 No. 84; 2007 No. 81 |
r. 2.4.......................................... | am. 2001 No. 127; 2003 No. 132; 2008 No. 61 |
r. 2.4A....................................... | ad. 2001 No. 127 |
am. 2003 No. 132; 2007 No. 81; 2008 No. 61 | |
r. 2.7.......................................... | am. 2007 No. 81 |
r 2.8........................................... | am 2000 No 333; 2003 No 132; 2008 No 61; F2017L01585; F2023L00033 |
r. 2.9.......................................... | am. 2003 No. 132 |
r. 2.10........................................ | am. 2003 No. 132; 2008 No. 61 |
r. 2.11........................................ | am. 2003 No. 132 |
rep. 2012 No. 175 | |
r. 2.13........................................ | am. 2000 No. 333 |
r 2.15......................................... | am 2003 No 132; 2008 No 61; F2023L00033 |
r. 3.2.......................................... | am. 2003 No. 132 |
r. 3.3.......................................... | rs. 2001 No. 127 |
am. 2003 No. 132 | |
r 3.4........................................... | am No 132, 2003; No 175, 2012; F2017L00234 |
r. 3.5.......................................... | am. 2003 No. 132; 2008 No. 61 |
Division 4 heading...................... | rs No 132, 2003; F2017L01585 |
am F2024L00626 | |
r 4.1........................................... | am 2003 No 132; F2017L01585; F2023L00033 |
r 4.2........................................... | ad F2017L01585 |
r. 5.1.......................................... | am. 2000 No. 333; 2003 No. 132 |
r. 5.2.......................................... | am. 2003 No. 132 |
r. 5.3.......................................... | am 2003 No. 132 |
r 5.4........................................... | am 2003 No 132; F2023L00033 |
r 5.5........................................... | am 2003 No 132; F2017L01585 |
r 5.6........................................... | am No 175, 2012; F2017L00234 |
rs F2017L01585 | |
r. 5.9.......................................... | am. 2003 No. 132 |
r 5.10......................................... | am No 132, 2003; No 376, 2003; No 175, 2012; F2017L00234 |
r 5.11......................................... | am No 175, 2012; F2017L00234; F2017L01585 |
Division 6 heading...................... | rs 2003 No 132 |
Division 6.................................. | am F2017L01585 |
r 6.1........................................... | am 2000 No 333; 2003 No 132; 2005 No 84; F2017L01585 |
r 6.2........................................... | am No 61, 2008; No 175, 2012; F2017L00234; F2017L01585 |
r 7.1........................................... | am 2003 No 132; 2008 No 61 |
rep F2017L01585 | |
r 7.2........................................... | am 2008 No. 61 |
rs F2017L01585 | |
r 7.3........................................... | am 2003 No 132; F2017L01585 |
r 7.5........................................... | am 2003 No 132; 2008 No 61; F2017L01585 |
r. 7.7.......................................... | am. 2003 No. 132; 2008 No. 61 |
r. 7.8.......................................... | am. 2003 No. 132 |
r 7.9........................................... | am No 132, 2003; No 175, 2012; F2017L00234 |
r. 7.10........................................ | am. 2003 No. 132; 2007 No. 81 |
r 7.11......................................... | am 2000 No 333; 2003 No 132; 2008 No 61 |
rs F2017L01585 | |
Division 8 heading...................... | rs. 2003 No. 132 |
r. 8.1.......................................... | am 2003 No. 132 |
r. 8.2.......................................... | am 2003 No. 132 |
r. 8.3.......................................... | am 2003 No. 132 |
r. 9.1.......................................... | am. 2000 No. 333; 2003 No. 132; 2008 No. 61 |
r 9.2........................................... | am 2000 No 333; 2003 No 132 |
rs 2008 No 61; F2017L01585 | |
r 9.2A........................................ | ad. 2008 No. 61 |
am F2017L01585 | |
r 9.3........................................... | am 2000 No 333; 2003 No 132; 2008 No 61; F2017L01585 |
r 9.4........................................... | am 2000 No 333; 2003 No 132; 2008 No 61 |
rep F2017L01585 | |
r 9.4A........................................ | ad 2008 No 61 |
rep F2017L01585 | |
r 9.5........................................... | am 2000 No 333; 2003 No 132; 2008 No 61; F2017L01585 |
r. 10.1........................................ | am. 2003 No. 132 |
r. 10.2........................................ | am. 2003 No. 132 |
r. 10.3........................................ | am 2003 No. 132 |
Division 11 heading..................... | rs 2003 No 132; F2017L01585 |
r. 11.1........................................ | am. 2003 No. 132 |
r 11.2......................................... | am 2000 No 333; 2001 No 127; 2003 No 132; 2008 No 61 |
rs F2017L01585 | |
r. 11.3........................................ | am. 2000 No. 333; 2001 No. 127; 2003 No. 132; 2008 No. 61; No 52, 2015 |
r. 11.5........................................ | am. 2008 No. 61 |
r. 11.6........................................ | am. 2003 No. 132 |
r. 11.7........................................ | am. 2003 No. 132 |
r 11.8......................................... | am 2003 No 132; 2008 No 61; F2017L01585 |
r. 11.9........................................ | am. 2003 No. 132 |
r. 11.11...................................... | am. 2003 No. 132; 2008 No. 61 |
Division 11A.............................. | ad. 2008 No. 61 |
r. 11A.01.................................... | ad. 2008 No. 61 |
Division 12 heading..................... | rs. 2000 No. 333; 2003 No. 132 |
am. 2008 No. 61 | |
r. 12.1........................................ | rs. 2000 No. 333 |
am. 2003 No. 132; 2008 No. 61 | |
r. 12.1A...................................... | ad. 2003 No. 132 |
am. 2011 No. 170 | |
r. 12.1B...................................... | ad. 2007 No. 81 |
r. 12.2........................................ | am. 2003 No. 132 |
r. 12.3........................................ | rs. 2003 No. 132 |
r. 13.1........................................ | rep. 2003 No. 132 |
r. 13.2........................................ | rep. 2003 No. 132 |
Division 14 heading..................... | rs 2003 No 132; F2017L01585 |
r 14.1......................................... | am 2003 No 132; F2017L01585 |
Division 15 heading..................... | am. 2000 No. 333 |
rs. 2003 No. 132 | |
rs. 2003 No. 132 | |
am. 2008 No. 61 | |
r. 15.1........................................ | am. 2000 No. 333; 2003 No. 132; 2008 No. 61; 2011 No. 170 |
r. 15.2........................................ | am. 2000 No. 333 |
rep. 2003 No. 132 | |
r. 15.3........................................ | am. 2000 No. 333; 2003 No. 132 |
Division 15A.............................. | ad. 2008 No. 206 |
r. 15A.1...................................... | ad. 2008 No. 206 |
r. 15A.2...................................... | ad. 2008 No. 206 |
r. 15A.3...................................... | ad. 2008 No. 206 |
r. 15A.4...................................... | ad. 2008 No. 206 |
r 15A.5...................................... | ad 2008 No 206 |
rs 2009 No 251 | |
am F2017L01585 | |
r. 15A.6...................................... | ad. 2008 No. 206 |
am. 2012 No. 175 | |
r. 15A.7...................................... | ad. 2008 No. 206 |
am. 2012 No. 175 | |
r. 15A.8...................................... | ad. 2008 No. 206 |
r. 15A.9...................................... | ad. 2008 No. 206 |
am. 2012 No. 175 | |
r 16.1......................................... | am No 333, 2000; No 127, 2001; No 132, 2003; F2017L01585; F2024L00626 |
Division 17................................. | ad F2017L01585 |
r 17.1......................................... | ad F2017L01585 |
Schedule 1.................................. | 1999 No 359 |
Form 1....................................... | 1999 No 359 |
am 2003 No 376; 2007 No 345 | |
rs 2011 No 170 | |
Form 2....................................... | 1999 No 359 |
am 2000 No. 333; 2003 No 132; 2008 No 206 | |
Form 3....................................... | 1999 No 359 |
am 2000 No 333; 2003 No 132 | |
rs 2007 No 81 | |
am 2008 No 206 | |
Form 4....................................... | 1999 No 359 |
Form 5....................................... | 1999 No 359 |
am 2008 No 61 | |
Form 6....................................... | 1999 No 359 |
Form 7....................................... | 1999 No 359 |
am 2001 No 127 | |
ed C19 | |
Form 8....................................... | 1999 No 359 |
am 2003 No 132; 2008 No 61 | |
rs F2017L01585 | |
Form 9....................................... | 1999 No 359 |
am. 2007 No 345; 2012 No 175 | |
Form 10..................................... | 1999 No 359 |
am 2003 No 132; 2007 No 345 | |
Form 11..................................... | 1999 No 359 |
am 2007 No 345 | |
Form 12..................................... | 1999 No 359 |
am 2007 No 345 | |
Form 13..................................... | 1999 No 359 |
Form 14..................................... | 1999 No 359 |
Form 15..................................... | 1999 No 359 |
am 2007 No 345 | |
Form 16..................................... | 1999 No 359 |
am 2007 No 345; F2017L01585 | |
Form 16A................................... | ad 2008 No 61 |
am F2017L01585 | |
Form 17..................................... | 1999 No. 359 |
am 2000 No 333; 2003 No 132 | |
Form 17A................................... | ad 2008 No 61 |
am F2017L01585 | |
Form 18..................................... | 1999 No. 359 |
Form 19..................................... | ad 2008 No 206 |
am 2010 No 47 | |
rs F2017L01585 | |
Form 20..................................... | ad 2008 No 206 |
Form 21..................................... | ad 2008 No 206 |
Form 22..................................... | ad 2008 No 206 |
Form 23..................................... | ad 2008 No 206 |
Part 1 heading............................. | rs No 132, 2003 |
Part 1......................................... | am No 97, 2002; No 132, 2003; No 204, 2006; No 345, 2007; No 61, 2008; F2017L01585 |
rs F2024L00626 | |
Part 1A...................................... | ad F2017L01585 |
rs F2024L00626 | |
Part 1B....................................... | ad F2024L00626 |
Part 2 heading............................. | am No 333, 2000 |
rs No 132, 2003 | |
Part 2......................................... | am No 333, 2000 |
Schedule 3.................................. | ad 2003 No 132 |
am 2003 No 376; F2023L00033 |
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