Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)
WE,
Judges appointed under sub-section 7 (1) of the
Dated 27 September 1984.
R. A. BLACKBURN
Chief Justice
J. J. A. KELLY
Judge
B. J. PROCTOR
Registrar
—————
(a) by omitting from paragraph (a) “or the
Companies Act 1981—” and substituting “or a corporation within the meaning of theCompanies Act 1981—”; (b) by omitting from sub-paragraphs (a) (i) and (ii) “with the Registrar of Companies”; and
(c) by adding at the end thereof the following sub-rule—
“(2) Subject to these Rules, a reference in sub-rule (1) to a corporation shall, so far as is applicable, be read as including a reference to a body to which Division 6 of Part XII of the
Companies Act 1981 applies.”.
“1a. In addition to any other power conferred on the Court in relation to directions, in proceedings under Order 75a the Court may, at any time—
(a) direct that notices be given to any person;
(b) dispense with any notices being given or steps being taken that are required by the Rules;
(c) direct a speedy hearing of a summons or any issue or matter;
(d) direct service of documents upon any person;
(e) direct an enquiry as to the debts, claims or liabilities of or affecting the company to which the proceedings relate;
(f) give such further directions with respect to the matters referred to in paragraphs (a) to (e) (inclusive) as it thinks fit.
“29. (1) In proceedings under Order 75a in relation to a company or to a body
to which Division 6 of Part XII of the
(a) directing any party; or
(b) directing any member or officer of the company or body,
to give such particulars as the Court thinks fit of any allegation or statement in a summons, and an order may be made accordingly.
“(2) Where, in proceedings under Order 75a, any party or person fails to comply with an order to answer interrogatories, for discovery, inspection or production of documents, or to give particulars, he is liable to attachment or, in the case of a company, or a body to which Division 6 of Part XII of the
“2. (1) Where the entry of a judgment or order is authorized by a law of the Commonwealth, a law of the Australian Capital Territory, by these Rules or by order of the Court or a Judge, the party in whose favour the judgment or order was made shall, not later than 7 days after the date on which the judgment or order was given, lodge a draft of the judgment or order with the Registrar.
“(2) Where a draft of a judgment or order has not been lodged pursuant to sub-rule (1) or pursuant to any directions given by the Registrar under paragraph 3 (b), a party other than the applicant may lodge a draft of the judgment or order with the Registrar.
“(3) Where a draft of a judgment or order is lodged with the Registrar pursuant to this rule, the Registrar—
(a) may approve the draft either with or without amendment; and
(b) shall, upon the filing by the appropriate party of the judgment or order engrossed in accordance with the approved draft, enter the judgment or order.
“(4) In proceedings under the
(a) notwithstanding that no party has lodged a draft; and
(b) without appointing any time or place for attendance of the parties on settlement.
“(5) The Registrar may file a minute of a judgment or order without a direction of the Court or a request of a party.”
(a) by omitting from paragraph (b) “1901.” and substituting
“1901; and”; and(b) by adding at the end thereof the following paragraph:
“(c) in accordance with rule 69 of Order 75a.”.
“1a.
“(2) Where, immediately before the date of
commencement of Order 75a
“Order 75a
“1. (1) In this Order, unless the contrary intention appears—
،Commission’ means the Corporate Affairs Commission of the Territory;
،Companies Act’ means the
Companies Act 1981 ;،company’ means the corporation in respect of which any proceedings are taken in the Court;
،liquidator’ includes a provisional liquidator;
،officer’ means a person—
(a) who is an officer within the meaning of sub-section 5 (1) of the Companies Act;
(b) who is a public officer within the meaning of sub-section 2 (1) of the
Associations Incorporation Ordinance 1953; (c) who is an officer within the meaning of sub-section 4 (1) of the
Co-operative Societies Ordinance 1939; or(d) who is a member of the committee of a body to which Division 6 of Part XII of the Companies Act applies,
as the case requires;
‘prescribed newspaper’, in relation to a notice to be published in respect of a company, means a daily newspaper circulating within the Territory;
‘prescribed office’ means—
(a) in the case of a company incorporated under the Companies Act—its registered office for the purposes of sub-section 528 (1) of that Act;
(b) in the case of a recognized company or a recognized foreign company—its principal office for the purposes of sub-section 529 (1) of the Companies Act;
(c) in the case of a registered foreign company—its registered office for the purposes of sub-section 530 (1) of the Companies Act; and
(d) in the case of a body, other than a registered foreign company, to which Division 6 of Part XII of the Companies Act applies—the principal place of business or last-known principal place of business of that body, or, in the case of an associated incorporation within the meaning of the
Associations Incorporation Ordinance 1953, the address of the public officer of the association for the purposes of section 9 of that Ordinance;
‘ proceedings’ means proceedings under the Companies Act or this Order.
“(2) Expressions used in this Order that are defined
by the
“2. (1) A reference in this Order to a form by number shall be read as a reference to the form so numbered in the Ninth Schedule.
“(2) Where, under this Order, the use of a form in the Ninth Schedule is required, a form which does not differ materially from the form in the Ninth Schedule shall, unless the Court otherwise orders, be taken to comply with that requirement.
“(3) Forms in the Ninth Schedule shall be used where they are applicable to the circumstances, and where they are not applicable forms of like character with such variations as the circumstances require shall be used.
“3. (1) This Order applies in relation to proceedings instituted on or after the date of commencement of the Companies Act.
“(2) Where, immediately before the date of commencement of this Order, proceedings were pending in the Court but the hearing of the proceedings had not commenced, this Order applies, subject to any direction given by the Court, a Judge or the Registrar, in relation to those proceedings.
“4. The rules apply, with such adaptations as are necessary, to a body to which Division 6 of Part XII of the Companies Act applies.
“5. (1) Except as otherwise provided, proceedings in the Court on an application for relief under the Companies Act shall be commenced by summons in Form 2.
“(2) Except where otherwise provided, a summons shall be served on every person against whom any order or other relief is sought unless the Court otherwise orders.
“6. Except as otherwise provided, interlocutory applications shall be made by motion in Form 3.
“7. An application in proceedings for relief under the Companies Act shall bear a heading in Form 1.
“8. (1) A person who intends to appear at the hearing of a summons under this Order shall, before being heard, enter an appearance in Form 4 at the Registrar’s office.
“(2) Rules 2, 3, 4, 5, 6, 9, 10, 11 and 17 of Order 13 apply, with such adaptations as are necessary, to persons entering an appearance under this rule.
“(3) For the purposes of this Order, a reference in Order 13 to a defendant shall be read as a reference to a person entering an appearance.
“(4) A notice of appearance under this rule shall be served on the applicant before one o’clock in the afternoon of a day (being a day on which the Registrar’s office is open) before the date appointed for hearing.
“(5) The applicant shall, at or before the hearing, file a notice in Form 5.
“9. (1) In any proceedings the Court may, on terms, order that any person who is or claims to be a creditor, contributory or officer of the company be added as a respondent, and make orders for the further conduct of the proceedings.
“(2) An order may be made adding a person under sub-rule (2) on application by the person, or by any party, or of the Court’s own motion.
“(3) This rule does not affect the powers of the Court under Order 19 rule 12.
“10. (1) The Court may direct an inquiry as to any debts, claims or liabilities or class thereof of or affecting any company to which any proceedings relate.
“(2) Where the Court directs an inquiry under sub-rule (1), rule 12 applies, with such adaptations as are necessary, as it applies where the Court directs that a list of creditors be settled.
“11.(1) This rule applies to an application for an order under any of the provisions of the Companies Act referred to in column 1 of the table below—
TABLE
Column 1 | Column 2 |
Provision | Description |
73................................... |
|
118.................................... | Confirmation of issue of shares at a discount. |
122 (1).............................. | Validation of issue or allotment of shares. |
123 (5).............................. | Confirmation of reduction of capital. |
125 (4).............................. |
|
133.................................... | Approving payment of interest out of capital. |
175 (5).............................. | Confirmation of resolution to wind up scheme. |
315 (4).............................. | Approval of compromise of creditors. |
317 (1).............................. | Applications related to approval of compromise. |
“(2) The matter in column 2 of the above table is inserted for convenience of reference only and does not affect the operation of the rules.
“(3) Unless the Court otherwise orders, notice in Form
6 of an application to which this rule applies shall, not later than seven days
before the date appointed for hearing, be published once in the
“(4)The applicant for an order to which this rule applies shall, after due search of the records of the Commission made not earlier than 3 days before the date on which the application was filed, file affidavits in support of the application including an affidavit stating—
(a) the statute under which the company was incorporated;
(b) the date of incorporation of the company;
(c) the address of the prescribed office of the company;
(d) the date on which a notice under sub-section 217 (1) or 217 (3) of the Companies Act, as the case requires, was lodged in relation to the company;
(e) the date on which the search of the records was made;
(f) the capacity in which the applicant makes the application;
(g) the grounds of the application; and
(h) the provisions of the Companies Act under which the application is made.
“12. (1) The applicant for an order under sub-section 123 (5) of the Companies Act shall file a list of creditors of the company with an affidavit in Form 7 verifying the list.
“(2) Unless the Court otherwise orders, notice in Form
8 of the application shall, not later than 7 days before the day appointed for
hearing the application, be published once in the
“(3) When a date with reference to which the list of creditors is to be made out has been fixed by the Court, the applicant shall, not later than 7 days before that date—
(a) send notice in Form 9 of that date to all creditors of the company;
(b) publish notice of that date once in a prescribed newspaper; and
(c) file an affidavit in Form 10 verifying that paragraphs (a) and (b) have been complied with.
“(4) Where the company contends that a person is not entitled to be entered on the list or disputes the amount of a claim or debt claimed by a person, the company shall, unless the company is willing to appropriate, as the Court directs, the full amount of the debt or claim, serve on the person a notice in Form 11.
“(5) The Court may, on the adjudication of claims—
(a) allow any claim and fix the amount allowed;
(b) direct that any claim be investigated in such manner as the Court thinks fit;
(c) require any claimant to furnish particulars or evidence of his claim or produce any security relating to his claim; or
(d) disallow any claim.
“(6) Where a claimant does not comply with a notice served on him under sub-rule (4), the Court may disallow his claim.
“(7) In sub-rules (5) and (6), “claim” includes part of a claim.
“13. (1) An application for an order for the issue of a summons under sub-section 184 (3) of the Companies Act may be made without serving the summons by which the application is made on any person.
“(2) A summons under sub-section 184 (3) of the Companies Act may be in Form 12.
“14. (1) An application for relief under section 315 of the Companies Act, other than an application for an order under sub-section 315 (1), shall be made by motion in the proceedings on an application for an order under sub-section (1).
“(2) Where an application for an order under paragraph 315 (4) (b) of the Companies Act has been made, the Court may, before making any order in relation to the application, hear a report by the liquidator in relation to—
(a) the proposed scheme of the compromise or arrangement;
(b) the conduct of the director and other officers of the Company; and
(c) any other matters which, in the view of the liquidator, should be brought to the Court’s attention.
“(3) Unless the Court otherwise orders, the report referred to in sub-section (2) shall not be filed.
“(4) The Court may, on the application of any person whose rights are affected by a compromise or arrangement approved under sub-section 315 (4) of the Companies Act, fix or review the remuneration of the person appointed to administer the compromise or arrangement.
“15. (1) An application for an order under sub-section 320 (2) of the Companies Act shall be in Form 13.
“(2) For the purposes of sub-section (1), the reference in Form 13 to a paragraph or paragraphs of sub-section 364 (1) of the Companies Act shall be read as a reference to paragraph 320 (1) (a) of the Act.
“16. The applicant for an order under sub-section 355 (19) or section 355 (20) of the Companies Act shall give notice of his application—
(a) to every creditor who has proved his debt; and
(b) to any creditor mentioned in the report referred to in sub-section 335 (4) of the Companies Act who has not proved his debt.
“17. (1) An application for an order under sub-section 364 (1) of the Companies Act shall be in Form 13.
“(2) The applicant shall, after due search of the records of the Commission, file affidavits in support of the application including—
(a) an affidavit stating—
(i) the statute under which the company was incorporated;
(ii) the date of incorporation of the company;
(iii) the address of the prescribed office of the company;
(iv) the date on which a notice under sub-section 217 (1) or (3) of the Companies Act, as the case requires, was lodged in relation to the company; and
(v) the date on which the search of the records of the Commission was made; and
(b) an affidavit in Form 14 by the liquidator of the company.
“(3) Except where the Court otherwise orders, notice, in Form 6, of an application under this rule shall be published once in a prescribed newspaper—
(a) in the case of an application made by a company for its winding up—not later than 7 days before the date fixed for hearing the application; and
(b) in any other case—not earlier than 3 days after the date on which the summons was served on the company nor later than 7 days before the date fixed for hearing the application.
“18. The file number assigned to an application for an order for the winding up of a company shall appear on every document filed in the winding up proceedings after the winding up order is made.
“19. (1) Any person who has been a director or officer of a company which is being wound up, any contributory or creditor of the company, the solicitors for any such person, and an authorized officer of the Commission is entitled, unless the Court otherwise orders, at any reasonable time to inspect the file of proceedings and to take copies of or extracts from any document in the file, and to be furnished with such copies or extracts upon payment of the fee prescribed in the Australian Capital Territory Supreme Court (Fees) Regulations.
“(2) The applicant in proceedings for the winding up of a company shall, upon payment of the fee specified in item 16 of the Fourth Schedule, furnish to any person claiming to be a contributory, creditor or officer of the company, an office copy of the summons and affidavits filed by the applicant in support of his application.
“(3) Where the liquidator of a company refuses to produce any document in his custody for inspection by a creditor or contributory of the company, the creditor or contributory, as the case may be, may apply to the Court for leave to inspect the document, and the Court may grant such leave on such terms and conditions as it thinks fit.
“20. (1) Where an applicant in proceedings on an application for a winding up order—
(a) fails to take all the steps prescribed by these Rules preliminary to the hearing;
(b) seeks the leave of the Court to discontinue the proceedings;
(c) consents to the proceedings being dismissed;
(d) does not appear when the proceedings are called on for hearing;
(e) does not seek the order at the hearing; or
(f) does not obtain the order at the hearing,
the Court at any time, on terms, subject to the Companies Act, on the application of any person, make orders for the further conduct of the proceedings, including an order in Form 15 substituting that person for the former applicant.
“(2) Sub-rule (1) does not limit the powers of the Court under Order 19.
“21. Sub-rule 1 (1) and rule (2) of Order 30 do not apply to proceedings on an application for a winding up order.
“22. A minute of a winding up order may be in Form 16.
“23. An application for an order under sub-section 367 (6) of the Companies Act may be made by motion in the winding up proceedings.
“24. An application for leave under sub-section 371 (2) of the Companies Act may be made by motion in the winding up proceedings.
“25. A party obtaining an order under sub-section 372 (2) of the Companies Act shall, not later than 7 days after the day on which the order was made, cause a notice in Form 17 to be published in a prescribed newspaper.
“26. The Registrar shall, forthwith after a person has been appointed liquidator or provisional liquidator, give notice to that person of his appointment.
“27. Where the Court makes an order for the winding up of a company and appoints a liquidator, the liquidator shall cause a notice in Form 18 to be published—
(a) not later than 7 days after the day on which the order was made—in a prescribed newspaper; and
(b) as soon as is practicable—in the
Gazette.
“28. (1) Subject to the Companies Act and these Rules and subject to any directions of the Court, a liquidator appointed provisionally under sub-section 372 (2) of the Companies Act has power to carry on the business of the company and the powers specified in paragraphs 377 (2) (a)-(k) (inclusive) of the Companies Act.
“(2) For the purposes of enabling the provisional liquidator to take out letters of administration or recover money as mentioned in paragraph 377 (2) (h) of the Companies Act, the money due shall be deemed to be due to the provisional liquidator himself.
“(3) The exercise by the provisional liquidator of the powers conferred by this rule is subject to the control of the Court, and any creditor or contributory may apply to the Court with respect to any exercise or proposed exercise of any of those powers.
“(4) Where, in a winding up by the Court, a liquidator is appointed by the Court, the provisional liquidator shall—
(a) prepare and hand over to the liquidator a list of all claims and proofs of debt that have been received by the provisional liquidator; and
(b) account to the liquidator.
“(5) If the liquidator is dissatisfied with the provisional liquidator’s account or any part of it, he may refer the matter to the Registrar who may take such action in relation to the account as he thinks expedient.
“29. A person applying to the Court for an order under sub-section 373 (7) of the Companies Act shall, not later than seven days before the date appointed for hearing, publish, in a prescribed newspaper, a notice of his intention to apply to the Court for the order.
“30. (1) In this rule, a reference to a prescribed statement shall be read as a reference to a statement made pursuant to sub-section 375 (1) of the Companies Act.
“(2) A person who is required to make or verify a prescribed statement shall, before incurring any costs or expenses in respect of the statement or to the
report to which the statement relates, submit to the liquidator for his approval an estimate of the costs and expenses likely to be incurred.
“(3) Unless the Court otherwise orders, no person shall be allowed out of the assets of a company any costs or expenses incurred in respect of a prescribed statement or to the report to which the statement relates, unless the prior approval of the liquidator has been obtained in relation to such costs and expenses.
“(4) If any person fails to comply with section 375 of the Companies Act, the liquidator may report the matter to the Court or the Registrar by issuing a summons in Form 19, or may notify the Commission of the failure.
“(5) As soon as practicable after a prescribed statement has been submitted to him, the liquidator shall send to each creditor mentioned in the statement and to each other person appearing from the company’s books or otherwise to be a creditor or contributory of the company, a summary of the statement including, if possible, an estimate by the liquidator of the funds which may be available for distribution to the creditors and any observations which the liquidator may think fit to make.
“(6) A certificate in Form 20 signed by the liquidator shall be filed with a copy of a report filed pursuant to paragraph 375 (7) (a) of the Companies Act.
“31. (1) Where, in a winding up by the Court, a liquidator has, pursuant to paragraph 378 (1) (a) of the Companies Act, settled a list or supplementary list of contributories, he shall, within 14 days from the day on which the list was settled, file a certificate in Form 20, signed by him, with a copy of the list.
“(2) A person who objects to the list of contributories or to any supplementary list may, within 21 days from the date on which notice of the settlement of the list was served on him, apply to the Court for an order to vary the list.
“(3) An application under sub-rule (2) shall be supported by an affidavit stating the grounds of the applicant’s objection.
“(4) On the application of a person entitled to apply to the Court under sub-rule (2), the Court may extend the period prescribed by that sub-rule whether or not the application was made before the expiry of that period.
“(5) A minute of an order referred to in sub-rule (2) may be in Form 21.
“(6) The liquidator is not personally liable for costs in relation to an application referred to in sub-rule (2).
“32. Where a resolution has been passed by a meeting of creditors, of contributories, of both, or of the committee of inspection, a liquidator appointed by the Court shall, within 14 days from the day on which the
resolution was passed, file a certificate in Form 20, signed by him, with a copy of the resolution.
“33. (1) An application under sub-section 5 (1) of the
“(2) An application under sub-section 13 (1) of the
“34. For the purposes of sub-section 383 (2) of the Companies Act, a report by the liquidator to the Court under that sub-section may be furnished to the Court by filing it in Form 40.
“35. (1) An application under sub-section 385 (1) of the Companies Act may be made in Form 22.
“(2) The liquidator may file an unverified statement in support of the application, instead of an affidavit.
“(3) Where security is given to the satisfaction of the Registrar he shall give a certificate to that effect.
“36. (1) Subject to any order of the Court under paragraph 385 (2) (a) of the Companies Act the special manager shall furnish his accounts to the liquidator.
“(2) The accounts shall be verified by affidavit, subscribed to the accounts, in Form 23.
“(3) When the accounts are approved by the liquidator, the totals of the receipts and payments shall be included by the liquidator in his accounts.
“37. (1) Where a special manager fails to do anything required by the rules or by a direction of the Court, the liquidator shall apply to the Court for directions in respect of the default and the Court may make such orders and give such directions as it thinks fit.
“(2) Without limiting sub-rule (1), where a special manager is required by the rules or by any order or direction of the Court to pay into Court any sum shown by his account as due from him, and he does not comply with the requirement, the Court may charge him with interest at the rate prescribed for payment of interest on judgments under Order 42a.
“(3) This rule does not limit the powers of the Court as to the enforcement of orders or as to the punishment of contempt.
“38. Subject to the Companies Act, the Rules and the Companies Regulations, the powers and duties conferred or imposed on the Court by Part XII of the Companies Act in respect of—
(a) the holding and conducting of meetings to ascertain the wishes of creditors and contributors;
(b) the paying, delivering, conveyance, surrender or transfer of money, property or books to the liquidator;
(c) the making of calls and the adjusting of the rights of contributories among themselves and the distribution of any surplus among the persons entitled to it; and
(d) the fixing of a time within which debts and claims must be proved, may be exercised and shall be performed by the liquidator as an officer of the Court and subject to the control of the Court.
“39.A requirement by a liquidator under sub-section 384 (1) of the Companies Act shall be in Form 24.
“40. (1) Where a liquidator seeks the sanction of the committee of inspection to make a call, he shall—
(a) convene a meeting of the committee by giving notice in Form 25 to every member of the committee not later than 7 days before the date appointed for the meeting;
(b) serve on every member of the committee, with the notice mentioned in paragraph (a), a statement in Form 26; and
(c) publish notice of the meeting in Form 27 once in the
Gazette and once in a prescribed newspaper or as the Court may direct.
“(2) The committee shall, before sanctioning the proposed call, consider representations (if any) made by any contributory to the liquidator or any member of the committee in writing before or at, or orally at, the meeting.
“(3) A notice under this section may be given by post or by being delivered personally.
“(4) A resolution of the Committee of Inspection sanctioning a call may be in Form 28.
“41. (1) An application for an order under sub-section 389 (2) of the Companies Act shall be in Form 29 and shall be made by motion in the winding up proceedings.
“(2) An affidavit in support of an application shall be in Form 30.
“(3) The notice of an application served on a contributory may be in Form 31 and need show only the amount claimed to be owing by him but may also show other amounts.
“(4) An order under sub-section 389 (2) of the Companies Act may be in Form 32.
“42. Where in a winding up by the Court the liquidator is authorized under sub-section 389 (2) of the Companies Act to make a call, he shall file a notice in Form 33 showing the amount of call per share.
“43. Where in a winding up by the Court the liquidator is authorized under sub-section 389 (2) to make a call on a contributory, he shall make the call by serving a notice, in Form 34 or Form 35 as the case may require, on the contributory.
“(2) The Court may direct that notice of the order granting leave to make the call or of the resolution sanctioning the making of the call be advertised.
“44. Evidence in support of an application for an order under paragraph 384 (3) (b) of the Companies Act shall include an estimate of the amount owing by each contributory (if more than one) in respect of the costs of the application and of carrying it into effect and a statement that the estimate is based on an apportionment of the costs of the application equally among the contributories who have not paid the call.
“45. (1) An application for leave under sub-section 401 (2) or sub-section 402 (2) of the Companies Act may be made by motion in the winding up proceedings.
“(2) For the purposes of section 401 or 402 of the Companies Act, where any attachment, sequestration, distress or execution is in force against the property of a company and—
(a) an application for winding up the company has been made;
(b) a winding up order in respect of the company has been made;
(c) a provisional liquidator has been appointed in respect of the company;
(d) a meeting has been called at which a resolution for the voluntary winding up of the company is to be proposed; or
(e) a resolution has been passed for the voluntary winding up of the company,
notice of such of the matters referred to in paragraphs (a) to (e) (inclusive) as are relevant to the company shall be addressed—
(f) where the attachment, sequestration, distress or execution is in respect of a judgment of the Supreme Court—to the Sheriff; and
(g) in any other case—to the officer charged with the execution,
and may be served by being delivered by hand or by registered post at the office of the Sheriff or at the office of the officer charged with the execution, as the case requires.
“46. (1) An application for an enquiry under sub-section 420 (1) of the Companies Act may be made by motion in the winding up proceedings.
“(2) The applicant shall file an affidavit in support of the application setting out the grounds of complaint against the liquidator.
“47. (1) An application for an order or orders under sub-section 420 (2) of the Companies Act may be made by motion in the winding up proceedings.
“(2) A report to the Court by the Commission under sub-section 420 (2) of the Companies Act shall be filed with an application referred to in sub-rule (1).
“(3) A report made under sub-section 420 (2) of the Companies Act shall not be inspected or used except by leave of the Court.
“48. On the day on which the liquidator lodges with the Commission an account, or an account and statement, pursuant to section 422 of the Companies Act, he shall file copies of the account, or the account and statement, as the case requires.
“49. (1) A liquidator who wishes to resign his office shall convene separate meetings of the creditors and contributories of the company to decide whether or not to accept his resignation.
“(2) If the creditors and contributories each by ordinary resolution accept the liquidator’s resignation, the resignation takes effect after he has filed a memorandum of his resignation and lodged a copy of the memorandum with the Commission.
“(3) Where the creditors or contributories do not accept a liquidator’s resignation, the liquidator shall report the results of the meetings to the Court which may, upon the application of the liquidator, determine whether or not to accept the liquidator’s resignation, and may give such directions and make such orders as it thinks fit.
“(4) Where, under sub-rule (3), the Court directs that a liquidator’s resignation be accepted, the liquidator shall lodge a notice of the direction with the Commission.
“(5) The Court or a Judge may dispense with all or any of the requirements of this rule.
“50. Where, in a winding up by the Court, the liquidator resigns, he shall, within the time prescribed by sub-section 421 (2) of the Companies Act, file a copy of the notice of the resignation.
“51. (1) An application for an order under paragraph 381 (c) or (d) of the Companies Act shall be made by motion in the winding up proceedings.
“(2) The applicant shall file an affidavit including—
(a) a summary of receipts and payments made by the liquidator in the course of winding up; and
(b) a statement showing the position of the company at the date of making the application.
“(3) Unless the Court otherwise orders, the liquidator shall give notice in Form 36 of an application under sub-rule (1) and copies of the summary and statement referred to in sub-rule (2)—
(a) to every creditor who has proved his debt; and
(b) to every contributory.
“52. Upon a liquidator’s resigning or being released or removed from his office, he shall hand over to the new liquidator all books kept by him and all other books, documents, papers and accounts in his possession relating to the office of liquidator.
“53. In the case of the death of a liquidator the Court shall, upon application by a creditor or contributory of the company, or otherwise, appoint another liquidator.
“54. Subject to the Companies Act and subject to any directions of the Court, regulations 84 to 99 (inclusive) of the Companies Regulations apply in relation to meetings ordered by the Court.
“55. A report to the Court under sub-section 431 (1) of the Companies Act may be made by filing a report in Form 40.
“56. (1) A copy of a statement referred to in regulation 85 of the Companies Regulations shall be filed by the person making the statement.
“(2) Where a meeting of creditors or contributories is summoned by notice in writing, the proceedings and resolutions at the meeting shall, unless the Court or the Registrar otherwise orders, be taken to be valid notwithstanding that some creditors or contributories may not have received the notice sent to them.
“57. In proceedings on an application for an order under sub-section 432 (2) of the Companies Act, the Court may hear the liquidator, any creditor and any contributory.
“58. (1) In a winding up by the Court the liquidator shall, if the Court or the Registrar so requires, file in Form 37 a certified list of all claims and proofs, if any, received by him in respect of debts or claims against the company.
“(2) An application for the review of a decision by the liquidator rejecting a creditor’s proof of debt may be made by motion in the winding up proceedings.
“(3) The liquidator shall, not later than 3 days after the day on which notice of an application under sub-rule (2) was served on him, file the creditor’s proof of debt and a copy of the notice given by him pursuant to regulation 126 (1) of the Companies Regulations.
“(4) Unless the Court or the Registrar otherwise orders, the liquidator shall not be personally liable for costs in relation to an appeal from his decision rejecting, wholly or in part, the creditor’s proof of debt.
“59. An applicant for leave under sub-section 454 (6) of the Companies Act shall file an affidavit specifying particulars of the interest disclaimed, and the names of the persons interested and their interests.
“60. An application for leave under sub-section 472 (2) of the Companies Act may be made by motion in the winding up proceedings.
“61. (1) This rule applies where, in a particular winding up, the Court or the Registrar so orders.
“(2) Within 14 days after filing accounts other than final accounts, the liquidator may take out an appointment to vouch and pass the accounts before the Registrar.
“(3) Within 14 days after filing his final accounts, the liquidator shall take out an appointment to vouch and pass the accounts before the Registrar.
“(4) For the purposes of vouching his accounts, the liquidator shall give the Registrar such vouchers, proofs of debt, other documents and papers, and such information, as the Registrar may require.
“(5) The Registrar may at any time require the liquidator to produce, and may inspect, any books or accounts kept by the liquidator.
“(6) Before making any distribution to creditors or contributories, the liquidator shall—
(a) prepare and file a plan of the proposed distribution; and
(b) take out an appointment to have the plan checked by the Registrar.
“(7) Within 14 days after any accounts other than final accounts have been vouched and passed or after a plan of distribution has been checked, the liquidator may apply to the Registrar to confirm the accounts or the plan.
“(8) Within 14 days after any final accounts have been vouched and passed, or any final plan of distribution has been checked, the liquidator shall apply to the Registrar to confirm the accounts or the plan and to confirm any accounts or plan of distribution not previously confirmed.
“(9) The liquidator shall, unless excused by the Registrar, attend at the time and place appointed by the Registrar for the purposes of sub-rule (2), (3), (6), (7) or (8).
“62. (1) In this rule, a reference to a prescribed person shall be read as a reference to a solicitor, manager, accountant, auctioneer, broker or other person employed by the liquidator in a winding up by the Court.
“(2) Unless the Court or the Registrar otherwise directs, bills of costs or charges of a prescribed person may be paid by the liquidator without being taxed by the taxing officer.
“(3) Where, within a sufficient time before the declaration of a dividend, the liquidator so requests, a prescribed person shall—
(a) lodge his bill of costs in the Registrar’s Office for the purpose of taxation; and
(b) immediately serve the liquidator with a copy of the bill and notice of the appointment for taxation endorsed on the bill.
“(4) Where a prescribed person fails to comply with sub-section (3) within the time specified in the liquidator’s request or within such further time as the liquidator, the Court or the Registrar may allow, the liquidator shall declare and distribute the dividend without regard to that person’s claim and, subject to an order of the Court or the Registrar, the claim shall be forfeited.
“(5) A request by the liquidator pursuant to sub-rule (3) shall be in Form 38.
“63. Where, in a winding up, a party to or person affected by any proceeding applies, other than at the time of the hearing of the proceeding, for an order that he be allowed his costs or part of them in relation to that proceeding—
(a) the party or person shall serve notice of his application on the liquidator; and
(b) the liquidator may appear on the hearing of the application and may object to it.
“64. (1) Where, in a winding up by the Court, a sheriff is required under sub-section 456 (6) of the Companies Act to deliver or pay any property or money to the liquidator, the sheriff shall, within 1 month after making the delivery or payment, lodge his bill of costs in the Registrar’s Office to be taxed by the taxing officer.
“(2) The liquidator may refuse to pay the costs of a sheriff who fails to lodge his bill of costs within the time prescribed by sub-rule (1).
“65. Where a proceeding referred to in section 533 of the Companies Act has been commenced, an application under that section shall be made by motion in those proceedings.
“66. (1) An appeal under section 538 of the Companies Act shall be made—
(a) where the appellant is aggrieved by an act, omission or decision of a person appointed by the Court—by motion in the proceedings; or
(b) in any other case—by summons.
“(2) Subject to sub-section (3), a notice of motion or summons under sub-section (1) shall be filed no later than 21 days after the appellant became aware of the relevant act, omission or decision.
“(3) On the application of a person entitled to appeal to the Court under section 538 of the Companies Act, the Court may extend the period prescribed by sub-rule (2) for filing a notice of motion or summons whether or not the application was made before that period expired.
“67. (1) An application for an order under sub-section 541 (2) of the Companies Act shall be in Form 39.
“(2) The summons by which the application is made need not be served on any person unless the Court so directs.
“(3) The order shall be in Form 41.
“(4) Where an order for an examination under sub-section 541 (3) of the Companies Act has been made, the applicant shall—
(a) serve a sealed copy of the order personally on the person to be examined;
(b) serve a sealed copy of the order—
(i) where a liquidator has been appointed but is not the applicant—on the liquidator;
(ii) where the Commission is not the applicant—on the Commission; and
(c) publish a notice in Form 42 once in a prescribed newspaper.
“(5) Where the Court makes an order under sub-section 541 (13) of the Companies Act, the written record, signed if so required by the Court under that sub-section, shall be filed.
“(6) A written record or transcript of an examination under section 541 of the Companies Act shall not, except with the leave of the Court, be open to inspection by any person except the liquidator, a person authorized by the Commission, the person examined pursuant to an order under sub-section 541 (3) of the Companies Act, or counsel for or the solicitor of any of those persons.
“(7) Unless the Court otherwise orders, notice of an adjourned examination need not be published.
“68. (1) Where the Registrar conducts an examination under sub-section 541 (3) of the Companies Act and a person (the “person in default”) refuses or fails to do anything mentioned in sub-section 541 (7), (8) or (9) of the Companies Act, the Registrar shall, at the request of any person who took part in the examination, give to that person a certificate in Form 43, signed by him, of the refusal or failure.
“(2) The Court may, upon the certificate being filed and on motion by any party, order the person in default—
(a) to do the thing; and
(b) to pay any costs occasioned by his refusal or failure.
“69. (1) When exercising the jurisdiction of the Court, the Registrar has all the powers conferred on the Court by the Companies Act, the Rules or otherwise.
“(2) Where, pursuant to the Companies Act, an order for winding up a company is made, the Registrar has, in relation to the winding up, all the powers of the Court.
“(3) Without limiting the generality of sub-rule (2), the Registrar may, subject to any direction given by the Court, exercise the powers of the Court under the provisions of the Companies Act mentioned in Column 1 of the table below.
Column 1 | Column 2 | Column 3 |
Provision of the Companies Act | Description | Restriction |
Section 123................. | Reduction of capital | |
Section 212................. | Rectification of Register of Company Charges | |
Section 325................. | Remuneration of receiver | |
Sub-section 351 (3)... | Inspection of books | |
Part XII Division 2.... | Winding up by the Court | Except section 377 (5) and 388 of the Companies Act |
Section 401................. | Creditors’ voluntary winding up | |
Section 402................. | Creditors’ voluntary winding up: recognized company | |
Section 406................. | Voluntary winding up: remuneration of liquidator | |
Sub-section 413 (2)... | Application for determination | Only on application under section 387 of the Companies Act |
Part XII, Division 4... | Winding up: companies | In a winding up by the Court and except section 417 (2), 420, 432 (1),427 (2), 454 and 456 (6) of the Companies Act |
Part XII, Division 6... | Winding up: bodies other than companies | Except in respect of sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Companies Act |
Section 533................. | Security for costs, &c. | |
section 536................. | Directions: meetings ordered by the Court |
Column 1 | Column 2 | Column 3 |
Provision of the Companies Act | Description | Restriction |
Sub-section 541 (3)............ | Examination of persons concerned with company | |
Companies Regulations— | ||
Regulation 78...................... | Liquidator’s account | |
Regulation 81...................... | Deposit with liquidator | |
Regulation 87...................... | Costs of meeting | |
Regulation 90...................... | Adjournment of meeting | |
Regulation 96...................... | Votes of secured creditors | |
Regulation 118................... | Bills of exchange | |
Regulation 123................... | Costs of proof | |
Regulation 125................... | Dealing with proof | |
Regulation 126................... | Time for appeal | |
Regulation 134................... | Time for appeal | |
Regulation 143................... | Distribution of surplus |
“(4) The matter in Column 2 of the table above is inserted for convenience of reference only and does not affect the operation of the rule.
“(5) In relation to any provision mentioned in Column 1 of the table above, sub-rule (1) has effect subject to the restriction (if any) appearing beside that provision in Column 3.”.
FORMS—COMPANIES
FORM 1 O. 75a r. 7
HEADING OF APPLICATION UNDER
IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. of 19 .
In the matter of [
And in
the matter of the
FORM 2 O. 75a r. 5
SUMMONS
(
Let
all parties concerned attend before this Court at the Law Courts, Knowles
Place, Canberra City on [
(
Dated 19 .
Registrar
This
summons was taken out by
It
is intended to serve this summons upon (
Note—If
you wish to appear at the hearing of this summons, you must first enter an
appearance in accordance with the Rules at the Registrar’s Office. If you do
not attend, either in person or by your solicitor or counsel, at the time and
place above-mentioned such order will be made, and proceedings taken, as the
Court thinks just, (
FORM 3 O. 75a r. 6
NOTICE OF MOTION
(
Take
notice that this Court will be moved on behalf of (
(
Dated 19 .
(Name)
(Solicitors for the Applicant)
TO: The Registrar
AND
TO: The Respondent’s solicitors, (
AND
TO:
FORM 4 O. 75a r. 8
NOTICE OF INTENTION TO APPEAR
(
Enter an appearance for in this matter.
He (
Dated 19 .
(Signed) X.Y., of
agent for
of
The place of business of X. Y. is *
His address for service is
(
The address of CD. is *
His address for service is
* If this address is beyond 5 kilometres from the office of the Registrar an address for service within 5 kilometres thereof must be given.
FORM 5 O. 75a r. 8 (5)
NOTICE RELATING TO PERSONS INTENDING TO APPEAR ON THE HEARING
Particulars relating to persons who have given notice of their intention to appear on the hearing are set out below:
Name | Address | Solicitor | Creditor’s debt $ | Contributory’s shares; number and class | “Supporting” “Opposing” or leave blank |
FORM 6 O. 075a r. 11 (3)
NOTICE OF APPLICATION UNDER SS 73,
118, 122 (1), 123 (5), 125 (4), 133, 175 (5), 315, 317, 320 AND 364 (1) OF THE
(
NOTICE OF APPLICATION RELATING TO
(
In respect of
proceedings commenced on (
(
(
(
(
Copies of documents
filed may be obtained under the Rules. Any person intending to appear at the
hearing must serve a notice in the prescribed form so as to reach the address
below not later than 1 p.m. on (
(
Name of applicant’s Solicitor )(Address for service)
(
FORM 7 O. 75a r. 12
AFFIDAVIT VERIFYING LIST OF CREDITORS
AFFIDAVIT
I (
1. I am the secretary (
or as the case may be ) of the applicant.2. The document annexed hereto and marked “A” contains a list of the creditors of, and persons having claims upon, the applicant (
or a list of the creditors of and persons having claims upon the applicant except those of the following class (or classes—set out class or classes )) on (date )(the date fixed by the Court )together with their addresses, and the nature and amount of their debts or claims, and such list is, to the best of my knowledge and belief, a true and accurate list of persons having claims on that day, and of the nature and amount or estimated value of their debts or claims.3. To the best of my knowledge and belief there was not, at that date, any debt or claim which, if that date were the commencement of the winding up of the applicant would be admissible in proof against the applicant other than and except the debts and claims set forth in the list.
4. I am able to make this statement from facts within my knowledge as the Secretary (
or as the case may be )of the applicant, and from information derived upon investigation of the books of the applicant.
Sworn by (deponent)
at (
on (
before me:
(
“A”
creditor or claimant | Nature of debt or claim | Amount of estimated value of debt or claim |
This (and the preceding pages) is the list of creditors and claimants marked “A” referred to in the affidavit of (
deponent ) sworn on (date ).
(Qualified witness)
FORM 8 O. 75a r. 12
NOTICE OF APPLICATION FOR REDUCTION OF CAPITAL AND OF LIST OF
CREDITORS
(
NOTICE OF APPLICATION RELATING TO
(
An
application has been made to the Supreme Court of the Australian Capital
Territory to confirm a resolution of the above company to reduce its capital
from $ to $
(
Any person who claims that he was
on that date, and still is, a creditor of the company, (unless he belongs to
the following class or classes (
Every admitted creditor who does not consent to the proposed reduction of capital is entitled to object to it.
Any creditor who has not received notice that his name is entered on the list of creditors must send to the undersigned particulars of his name and address.
(
Name of applicant’s Solicitor )(
Address for service )
(
FORM 9 O. 75a r. 12
NOTICE TO CREDITORS
To
(
An
application has been made to the Supreme Court of the Australian Capital
Territory to confirm a special resolution of the above company to reduce its
capital from $ to $ (
If you claim to have been on the
last-mentioned day a creditor in a larger amount than is stated above, you must
on or before (
Dated 19 .
(
Name of applicant’s Solicitor )(
Address for service )
FORM 10 0. 75a r. 12
AFFIDAVIT AS TO CLAIMS
AFFIDAVIT
I CD, of &c. (
I, the said CD for myself say:
1. I did, on (
date ), serve a true copy of the notice annexed hereto and marked “B” upon each of the persons whose names, addresses, and descriptions appear in the first column of the list of creditors, marked “A” referred to in the affidavit of (deponent of affidavit in form ) sworn on (date )(“the list of creditors”).2. I served the copies of that notice by (
for example putting a copy in an envelope duly addressed to each of those persons according to their respective names and addresses appearing in the list of creditors (being the last known addresses or places of abode of those persons) and with the proper postage stamps affixed thereto as prepaid letters, and lodging the envelopes at the post office in (street ) between (time ) and (time ) on (date ).
And I, the said EF, for myself say:
3. A true copy of the notice annexed hereto and marked “C”, has appeared in the edition of (
newspaper ) published on (date ), and in theCommonwealth of Australia Gazette published on (date ). 4. I have, in the document annexed hereto and marked “D”, set out a list of all claims, the particulars of which have been sent in to me pursuant to the notice annexed hereto and marked “B”, by persons claiming to be creditors of the applicant for larger amounts than are stated in the list of creditors (
or No person has sent to me pursuant to the notice annexed hereto and marked “B” a claim to be entered on the list of creditors for a larger sum than in respect of which he is entered in the list of creditors.)5. I have, in the document annexed hereto and marked “E”, set forth a list of all claims, the particulars of which have been sent to me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the applicant on (
date ), not appearing on the list of creditors and who claimed to be entered thereon (or No claims have been sent to me pursuant to the notice referred to in paragraph 3 hereof by persons not entered on the list of creditors and claimed to be so entered).
And we, CD and AB, for ourselves say:
6. We have in the first part of the document annexed hereto and marked “D” and also in the first part of the document annexed hereto and marked “E” respectively specified such of the debts and claims as are admitted by the applicant to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims as the applicant contends are wholly or as to any and what part thereof not included in the inquiry in this matter.
7. We have, in the second part of the said documents annexed hereto and marked “D” and “E” specified such of the debts and claims as are wholly disputed by the applicant and such of the same debts and claims as the applicant contends would even if admitted be wholly (or as to what part thereof) not included in the inquiry in this matter.
And I, the said CD further say:
8. All rents, rates, taxes, salaries, wages and other incidental expenses current on (
date )and since become due have been paid and discharged by the applicant.
Sworn by (
at (
on (
Before me
(
ANNEXURE D
D
(
LIST
OF DEBTS AND CLAIMS of which the particulars have been sent to (
FIRST PART
Debts and claims wholly or partly admitted by the company
Names and addresses and description of creditors | Particulars of debt or claim | Amount claimed | Amount admitted by the company to be owing to creditor | Amounts admitted by the company to be owing but which it is contended are not within the enquiry |
SECOND PART
Debts and claims wholly disputed by the Company
Names and addresses and description of claimants | Particulars of claim | Amount claimed | Amounts which even admitted it is contended would not be within the enquiry |
This
(and the preceding pages) is the
annexure marked “D” referred to in the affidavit of CD, EF and AB sworn the (
(
ANNEXURE E
E
(
LIST OF DEBTS AND CLAIMS of which the particulars have been sent to (Name) by persons claiming to be creditors of the company and to be entered on the list of the creditors made out by the company.
FIRST PART
(
SECOND PART
(
This
(and the preceding pages) is
the annexure marked “E” in the affidavit of CD, EF and AB sworn the(
(
(
FORM 11 O. 75a r. 12
NOTICE TO CREDITORS TO PROVE DEBTS
To
(
You are required to
prove the debt claimed by you against the above company by filing your
affidavit in the Registry of the Supreme Court of the Australian Capital
Territory, and serving a copy on the undersigned on or before (
If you fail to comply with these directions, you will be precluded from objecting to the proposed reduction of the capital of the company (or, in all proceedings relative to the proposed reduction of the capital of the company be treated as a creditor for such amount only as is set against your name in the list of creditors).
Dated 19 .
( Signed )(
Name )Solicitor for the Applicant
(
Address )
FORM 12 O. 75a r. 13
SUMMONS UNDER SUB-SECTION 184 (3) OF THE
THE COURT ORDERS that (
SCHEDULE
(
Dated 19 .
Registrar
This summons is issued on the
application of (
Solicitor for (
FORM 13 O. 75a r. 17
APPLICATION FOR WINDING UP ORDER
(
SUMMONS
Let all parties concerned attend
before this Court at the Law Courts, Knowles Place, Canberra City on (
1. An order that
(name of company) be wound up under theCompanies Act 1981. 2. An order that a liquidator of the company be appointed
(or, where a person is proposed, an order that (name ) of (address )be appointed liquidator of the company).3. An order that the costs of the applicant be paid out of the assets of the company.
4. An order pursuant to sub-section 35a (1) of the
Australian Capital Territory Supreme Court Act 1933 directing that all proceedings for and in relation to the winding up be had and taken before the Registrar.
On the following grounds:
(
Dated 19 .
Registrar
This summons was taken out by (
name of applicant or solicitor) whose address for service is (address ) (add if solicitor, solicitor for (applicant ) of (address and description ))It is intended to serve this summons upon
(name of company) at its registered address at (registered address )NOTE:—If you wish to appear at the hearing of this summons, you must first enter an appearance in accordance with the Rules at the Registrar’s Office. If you do not attend, either in person or by your solicitor or counsel, at the time and place above-mentioned such order will be made, and proceedings taken, as the Judge may think just and expedient.
FORM 14 O. 75a r. 17
LIQUIDATOR’S AFFIDAVIT
I, (
1. Pursuant to the
Companies Act 1981 (the Act) I have been appointed by the Attorney-General to be an Official Liquidator in the Australian Capital Territory.2. I consent to act as the liquidator of (
name of company (the company) on the making of an order by this Court for the winding up of the company.3. I am not a creditor of the company or of a corporation that is deemed to be related to the company by virtue of sub-section 7 (5) of the Act in any amount exceeding $5,000.00 or at all.
4. I am not—
(1) an officer of the company or of any corporation that is a mortgagee of property of the company;
(2) an auditor of the company or a partner or employee of an auditor of the company;
(3) a partner, employer or employee of an officer of the company; or
(4) a partner or employee of an employee of an officer of the company, within the meaning of section 417 of the Act.
5. I am not indebted to the company or to a corporation that is deemed to be related to the company by virtue of sub-section 7 (5) of the Act in an amount exceeding $5,000.00 nor am I a substantial shareholder in a corporation that is deemed to be related to the company by virtue of sub-section 7 (5) of the Act which is indebted to the company in any such amount.
6. I am not an undischarged bankrupt nor have I made any arrangement or composition with my creditors.
Sworn by (
at (
this (
Before me:
(
FORM 15 O. 75A r. 20
ORDER SUBSTITUTING AN APPLICANT IN A WINDING UP APPLICATION
(
Before the
Honourable Mr Justice
(
Dated 19 .
Upon hearing and upon
reading the affidavit of filed
on (
1. (
Name ) be substituted as applicant in these proceedings.2. The substituted applicant amend the summons accordingly.
3. The substituted applicant serve on the (
name of company )personally a sealed copy of this order and the amended summons.4. The substituted applicant publish a notice in accordance with Form 6 and otherwise comply with the requirements of the rules as if he were the former applicant making the application made in the summons.
5. The date appointed for hearing be adjourned to (
date ). 6. The costs of the substituted applicant of this application be the substituted applicant’s costs of proceedings on the application (
or as ordered ). By the Court
Registrar
FORM 16 O. 75a r. 22
WINDING UP ORDER
(
It is ordered that:
1. (
Name ) be wound up by the Court under the provisions of theCompanies Act 1981. 2. (
Name and address )is hereby appointed the liquidator of the company.3. The costs of the applicant be paid out of the assets of the company.
4. Pursuant to sub-section 35a (1) of the
Australian Capital Territory Supreme Court Act 1933 all proceedings for or in relation to the winding up be had and taken before the Registrar.5. (
Any directions under paragraph 370 (2) (b) of the Act ).
By the Court
Registrar
FORM 17 O. 75a r. 25
NOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOR
On (
(
Name of applicant’s solicitor )Solicitor for the applicant
(
Address for service )
(
FORM 18 O. 75a r. 27
(
NOTICE OF WINDING UP ORDER
(
On (
(
Name of liquidator )Liquidator
(
Address )
(
FORM 19 O. 75a r. 30 (4)
(
1. That (
respondent’s name and address ), within 7 days after service of an order in these terms upon him (or as the case may be ), submit and verify, or concur in and verify, a statement of affairs of the abovenamed company pursuant to Section 375 of theCompanies Act 1981. 2. That (
respondent’s name )pay the liquidator’s costs of and incidental to this application.3. Such further or other order or orders as the Court thinks appropriate.
Dated 19 .
(
Name) Solicitor for the Liquidator
TO: The Registrar
AND TO: (
FORM 20 O. 75a rr. 30, 31 and 32
LIQUIDATOR’S CERTIFICATE
I certify that the document annexed hereto and marked “A” is a true copy of
the
report required to be filed under paragraph 375 (7) (a) of the
a list (
the resolution of a
meeting of the Committee of Inspection (
Dated 19 .
(
Signature )Liquidator (
or Chairman
as the case may be
FORM 21 O. 75a r. 31 (5)
ORDER ON APPLICATION TO VARY LIST OF CONTRIBUTORIES
(
It is ordered:
1. That the list of contributories of the abovenamed company and the certificate of the liquidator finally settling the same be varied by excluding the name of the applicant, (
name of applicant ), from the said list of contributories.
1. That the list of contributories of the abovenamed company and the certificate of the liquidator finally settling the same be varied by including the name of the applicant, (
name of applicant ), as a contributory in the said list for shares (or stock units,or as the case may be ).
1. The Court does not think fit to make any order to vary the list of contributories of the abovenamed company.
2.
(
By the Court
Registrar
FORM 22 O. 75a r. 35
APPLICATION FOR APPOINTMENT OF SPECIAL MANAGER UNDER SECTION 385 (1) OF THE ACT
(
1. That (
name and address of proposed Special Manager )be appointed as special manager of the estate and business of the abovenamed company until (specify date, or further order)2. (
State any special powers as to borrowing or otherwise to be sought to be exercised by the Special Manager ). 3. That the costs of this application be paid out of the assets of the abovenamed company.
4. Such further or other order or orders as the Court thinks appropriate.
(
FORM 23 O. 75a r. 36
AFFIDAVIT BY SPECIAL MANAGER VERIFYING HIS ACCOUNTS
(
AFFIDAVIT
I, (
1. I am the special manager of the property and business (
or as the case may be ) of (name of company ). 2.The account of receipts and payment set out in the document annexed hereto and marked “A” contains a full and true account of my receipts and payments as special manager from (
date ) to (date ). 3. I have not, nor has any other person by my order or for my use, during that period, received or paid any moneys on account of the company other than the items mentioned in that account.
Sworn by (
at (
on (
before me:
(
FORM 24 O. 75a r. 39
REQUIREMENT BY LIQUIDATOR
To:
1. I am the liquidator of (
2. Pursuant to sub-section 384 (1) of the
Companies Act 1981, I require you to pay(or deliver, convey, surrender or transfer) to me, forthwith (or not later than (number )days from the date of this requirement) (or such time as the liquidator directs )$(or describe the property or books )___________(or any money, property or books to which the company isprima facie entitled.In this requirement—
(a) “accounting records” includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up;
(b) “books” includes any register or other records of information and any accounts or accounting records, however compiled, recorded or stored, and also includes any document;
(c) a reference to writing shall be construed as including a reference to any mode of representing or reproducing words, figures or symbols in a visible form;
(d) “printed” includes type-written, lithographed or reproduced by any mechanical means; and
(e) “document” includes—
(i) any paper or other material in which there is writing or printing, or on which there are marks, symbols, or perforations having a meaning for persons qualified to interpret them; and
(ii) a disc, tape or other article from which sounds, images or messages are capable of being reproduced and, without limiting the generality of the foregoing, includes any summons, order and other legal process and any notice.
(f) “property” means any legal or equitable interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes things in action).
Dated 19 .
(
Signature )(
Name )Liquidator
(
Address )
FORM 25 O. 75a r. 40
NOTICE OF MEETING OF COMMITTEE OF INSPECTION TO SANCTION A CALL
A meeting of the committee of inspection will be held
at (
Dated 19 .
(
Signature )(
Name )Liquidator
(
Address )
FORM 26 O. 75a r. 40
STATEMENT IN SUPPORT OF PROPOSAL FOR CALL
(
(a) the amount due in respect of the debts proved and admitted against the company and the estimated costs changes and expenses of and incidental to the winding up and the aggregate of these amounts;
(b) the property of the company and its value.)
Dated 19 .
(
Signature )(
Name )Liquidator
(
Address )
FORM 27 O. 75a r. 40
NOTICE OF MEETING
I
have convened a meeting of the committee of inspection of (
(
Name )Liquidator
(
Address )
(
FORM 28 O. 75a r. 40
RESOLUTION OF COMMITTEE OF INSPECTION SANCTIONING A CALL
Resolved on (
(
Members of the committee of inspection
FORM 29 O. 75a r. 41
NOTICE OF MOTION FOR LEAVE TO MAKE A CALL
(
(
1. Under sub-section 389 (2) of the
2.
Under sub-section 384 (4) of the Act that each contributory pay into (
SCHEDULE
Column 1 | Column 2 | Column 3 | Column 4 |
Serial number | Name and address | In what character included | Amount due $ |
(
FORM 30 O. 75a r. 41
AFFIDAVIT IN SUPPORT OF APPLICATION FOR LEAVE TO MAKE A CALL
AFFIDAVIT
I,
(
1. I am the liquidator of (name of company).
2. The statement annexed hereto and marked “A” shows:—
(a) the amount due in respect of the debts proved and admitted against the company and the estimated amount of the costs, charges and expenses of and incidental to the winding up (which amounts total about $ );
(b) the value of the property of the company, which amounts to about $
3. There is no other property of the company (
where applicable )except amounts due from some of the contributories and I believe that these will realise about $4. (
number )persons have been settled by me on the list of contributories of the company in respect of the total number of shares.5. To satisfy the debts and liabilities of the company and the costs, charges, and expenses of and incidental to its winding up, I believe $ will be required in addition to the proceeds of the realisation of the profit of the said company and the amounts referred to in paragraph 3.
6. To provide
$ (as in 5), it is necessary to make a call upon the persons settled on the list of contributories, and, having regard to the probability that some of such contributories will partly or wholly fail to pay the amount of such call, I believe that a call of $ per share should be made.
Sworn
by (
at
(
on
(
before me:
(
FORM 31 O. 75a r. 41
NOTICE OF APPLICATION FOR LEAVE TO MAKE A CALL
(
An application will be made to the Supreme Court of
the Australian Capital Territory on (
(Name) Liquidator
(Address)
(
FORM 32 O. 75a r. 41
ORDER GIVING LEAVE TO MAKE A CALL
(
(
1. Leave be given to the liquidator to make a call of $ per share on all of the contributories (
or as the case may be ). 2
. Each contributory pay into (name of bank )to the account of the liquidator the amount of the call made on him (or as the case may be ).
(
FORM 33 O. 75a r. 42
NOTICE OF AMOUNT OF CALL PER SHARE
Pursuant to the order of the Supreme Court of the
Australian Capital Territory made (
Dated 19 .
(
Signature )(
Name )Liquidator
FORM 34 O. 75a r. 42
NOTICE OF CALL SANCTIONED BY COMMITTEE OF INSPECTION
On (
I call on you accordingly to pay $ to me on or before (
If you do not pay that sum to me on or before that date, I will claim interest on that sum from that date until payment of that sum.
Dated 19 .
(
Signature )(
Name )Liquidator
(
Address )
FORM 35 O. 75a r. 43
NOTICE OF CALL PERMITTED BY ORDER OF COURT
On (
If you do not pay that sum to me on or before that date, I will claim interest on that sum from that date until payment of that sum.
Dated 19 .
(
Signature )(
Name )Liquidator
(
Address )
FORM 36 O. 75a r. 51 (3)
NOTICE OF INTENTION TO APPLY FOR RELEASE OF LIQUIDATOR UNDER SECTION 381 OF THE ACT
(
TAKE
NOTICE that on (
Enclosed with this notice is a summary of the receipts and payments made by me as liquidator in the course of the winding up and a statement showing the present position of the company.
If you wish to be heard in support or in opposition to the application you must attend at the Law Courts at the time and date specified above. Before you will be then heard, you must have filed in the Court Registry and served on me a notice of intention to be heard in accordance with the Rules.
Dated 19 .
(
Name )Liquidator
FORM 37 O. 75a r. 58
LIST OF PROOFS OF DEBT
(
I
hereby certify that the following is a correct list of all claims and proofs of
debt tendered to me in this matter between (
Dated this day of , 19 .
(
Name )Liquidator
Name of Creditor | Amount Claimed | Whether admitted rejected, or standing over for further consideration | If admitted amount |
$ | $ |
FORM 38 O. 75a r. 62 (5)
NOTICE FOR TAXATION
(
(
I
hereby request that you do, within (
Dated this day of , 19 .
(
Name )Liquidator
(
Address )
FORM 39 O. 75a r. 67
SUMMONS FOR ORDERS FOR EXAMINATION OF
PERSONS UNDER SECTION 541 OF THE
(
Let all parties concerned attend
before this Honourable Court at the Law Courts, Knowles Place, Canberra City on
(
Dated 19 .
Registrar
This summons was taken out by (
It is not intended to serve this summons upon any person.
FORM 40 O. 75a rr. 34, 55
(
REPORT
BY LIQUIDATOR (
1. I, (
name and address )am the liquidator of (name of company )(or as the case may be ). (
Continue in paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct part of the subject matter. For example, where the liquidator makes a report under subsection 431 (2) of the Act— 2. I was chairman of a meeting of the creditors (
or contributories) of the company held on (date ) at (place ). 3. The meeting was convened by a notice given on (
date ) and by notice published in the (name of newspaper ) on (date ) and in theCommonwealth of Australia Gazette on (date ). 4. The meeting was attended, either personally or by proxy, by (
number creditors whose proofs of debt against the company were admitted for voting purposes and amounted in all to the value of $.
4. The meeting was attended, either personally or by proxy, by (
number ) contributories who held in all (number )shares in the company and were entitled respectively by the regulations of the company to (number ) votes.5. The proposals submitted to the meeting were (
state the proposals ). 6. (
Certify the resolution of the meeting, showing that the voting was unanimous or if not, if the total number and value of creditors, or the total number and voting power of contributories ,voting for and against each proposal. )
Dated 19 .
(
Signature )Liquidator (
or Chairman
as the case may be )
FORM 41 O. 75a r. 67
ORDER FOR EXAMINATION
(
(
1. (
Name ) of (address )attend before the Court at a time and place appointed by the Registrar and from day to day until the conclusion of his examination, to be examined in public on oath or affirmation on any matters relating to the promotion, formation, management, administration or winding up of the company and produce any books in his possession or under his control relevant to those matters;2. (
Any directions under subsection 541 (5) of the Act ); 3. The questions put to him and the answers given by him be recorded in writing;
4. Subject to any further order of the Court, the plaintiff be paid or retain out of the property of the company his costs of this application and the examination.
(
(
APPOINTMENT FOR HEARING
I appoint (
(
FORM 42 O. 75a r. 67
NOTICE OF EXAMINATION
On (
Notice is hereby given that the
examination of the abovenamed person (
(
Name )Liquidator
(
FORM 43 O. 75a r. 68
CERTIFICATE OF REGISTRAR
Pursuant to the order of the Court
made on (
Dated 19 .
Registrar
1. Notified in the
Commonwealth of Australia Gazette on 12 October 1984.2. Statutory Rules 1937 No. 85, as amended to date. For previous amendments
see Note 2 to Statutory Rules 1984 No. 110 andsee also
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