Supreme Court Amendment Rules (No. 2) 2000 (WA)
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8 May 2000] WESTERN GOVERNMENT GAZETTE, WA 2159 2159 AUSTRALIAN
GOVERNMENT
PERTH, MONDAY, 8 MAY 2000 No. 81 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM
SUPREME COURT ACT 1935
SUPREME COURT
AMENDMENT RULES
(No. 2) 2000
2160 GOVERNMENT GAZETTE, WA [8 May 2000
8 May 2000] GOVERNMENT GAZETTE, WA 2161 Supreme Court Act 1935
Supreme Court Amendment Rules (No. 2) 2000
Made by the Judges of the Supreme Court.
1. Citation
These rules may be cited as the Supreme Court Amendment
Rules (No. 2) 2000.
2. Commencement
These rules come into operation on 1 June 2000.
3. The rules amended
The amendments in these rules are to the Rules of the Supreme
Court 1971*.
[* Reprinted as at 21 November 1994.For amendments to 3 May 2000 see 1999 Index to Legislation
of Western Australia, Table 4, pp. 287-8, and Gazette
10 March 2000.]
4. Order 1 amended
The Table to Order 1 rule 3(2) is amended by deleting item 1.
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5. Order 81G replaced
Order 81G is repealed and the following order is inserted instead —
“ Order 81G — Corporations Rules
Part 1 — Preliminary
1. Application of this order and other rules of court
(1) Unless the Court otherwise orders, this order applies to a proceeding in the Court under the Corporations Law, or the ASIC Law, that is commenced on or after the day on which the Supreme Court Amendment Rules
(No. 2) 2000 came into operation.(2) The other Rules apply, so far as they are relevant and not inconsistent with this order, to a proceeding in the Court under the Corporations Law, or the ASIC Law, that is commenced on or after the day on which the Supreme Court Amendment Rules (No. 2) 2000 came into operation. (3) Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Law, or the ASIC Law, as in force immediately before the proceeding under the Corporations Law, or the ASIC
Law, that was commenced before the day on which thecommencement of this order, continue to apply to a into operation. 2. Expressions used in the Corporations Law
Unless the contrary intention appears, an expression used in this order and in the Corporations Law has the
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same meaning in this order as it has in the Corporations
Law.3. Interpretation
In this order, unless the contrary intention appears —
“applicant” means a person claiming interlocutory
relief in a proceeding;
“defendant” means a person against whom relief
(except interlocutory relief) is claimed under the Law or the ASIC Law, whether in the originating process or not;
“interlocutory process” means an interlocutory
process in accordance with Form 3;
“originating process” means an originating process in
accordance with Form 2;
“plaintiff ” means a person claiming relief (except
interlocutory relief) under the Law or the ASIC Law, whether in the originating process or not;
“respondent” means a person against whom
interlocutory relief is claimed in a proceeding;
“the Law” means the Corporations Law.
4. References to rules and forms
In this order, unless the contrary intention appears —
(a) a reference to a rule is a reference to a rule in this order; and (b) a reference to a form followed by a number is a reference to the form so numbered in Part 1 of the Seventh Schedule.
5. Substantial compliance with forms
(1)
It is sufficient compliance with this order in relation to a document that is required to be in accordance with a
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form in Part 1 of the Seventh Schedule 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 Principal 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 this order. 6. Court’s power to give directions
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 Law, the ASIC Law, 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.
7. Calculation of time
(1) If, for any purpose, this order —
(a) prohibits, permits or requires an act or thing to be done within, by, or before the end of; or (b) otherwise prescribes, allows or provides 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
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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 this order 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 this order, 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. 8. Extension and abridgement of time
Unless the Corporations Law, the ASIC Law, or this order otherwise provide, the rules of this Court that provide for the extension or abridgement 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 this order applies.
Part 2 — Proceedings Generally
9. Title of documents in a proceeding — Form 1
The title of a document filed in a proceeding must be in accordance with Form 1.
10. Originating process and interlocutory process — Forms 2 and 3
(1) Unless this order otherwise provides, a person must
make an application required or permitted by the Law
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
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(b)
in any other case — 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 Law or the ASIC
Law, or each regulation of thethe 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 Law or the ASIC Law, or each regulation of the Corporations Regulations, or each
rule of Court under which the
interlocutory application is made; and(ii) the relief sought.
11. Fixing of hearing
On receiving an originating process or interlocutory process, the Principal 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.
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12. Supporting affidavits
(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) An affidavit in support of an originating process must
annex a record of a search of the records maintained by
the Commission, 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.13. Affidavits made by creditors
Subject to rule 33, 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 authorized to make the affidavit on its behalf; (b) if the creditor is a company to which a
liquidator, provisional liquidator, receiver,appointed — by that person; or
(c) in any other case — by the creditor or a person authorized by the creditor to make the affidavit on behalf of the creditor.
14. Form of affidavits
An affidavit must be in a form that complies with —
(a) the rules of court; (b)
the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed; or
(c) the rules of the Federal Court of Australia.
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15. Service of originating process or interlocutory process and supporting affidavit
(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 interlocutory application; and (b) if the corporation to which the interlocutory application relates is not a party to the interlocutory application — the corporation.
16. Notice of certain applications to be given to Commission
(1) This rule has effect in addition to the requirements of
the Law that, in relation to a proceeding, particular
documents are to be served on the Commission or
notice of particular matters is to be given to the
Commission.(2) This rule does not apply to a person making an
application if the person is the Commission or a person
authorized by the Commission.(3) Unless the Court otherwise orders, if a person makes an
application under a provision of the Law mentioned in
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column 1 of the Table to this subrule, the person must serve on the Commission, 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.
Table
Column 1 Column 2 Provision Description of application Section 254E(1) To validate an issue of shares or
confirm its termsSection 266(4) To extend the time for registration
of a chargeSection 445G(1), (2) To avoid or validate a deed of and (3) company arrangement Section 449B To remove an administrator Section 473(2) and (3) To fix the remuneration of a
provisional liquidator or
liquidatorSection 480
For the release of a liquidator of a company and the deregistration of the company
Section 482(1) For the stay of a compulsory
winding-upSection 509(6) For the deregistration of a
companySection 511(1)(b) If the application is for the
exercise of the power that would
be exercisable under
subsection 482(1) of the Law if a
company were being wound up by
the Court — for a stay of the
voluntary winding-upSection 532(2) For leave to be appointed or act as
a liquidator
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Column 1 Column 2 Provision Description of application Section 536(1) For an inquiry into the conduct of
a liquidatorSection 598 In respect of fraud, negligence,
etc. by a person concerned with a
corporationSection 601AH(2) To reinstate the registration of a
companySection 601CC(8) To restore the name of an
Australian body to the registerSection 601CL(9) To restore the name of a foreign
company to the registerSection 1224(1) and To restrain dealings with a futures (4) broker’s bank accounts Section 1226 For a further order or directions following an order made under section 1224 of the Law Section 1317JA(2), (4) For relief from liability for and (5) contravention of a civil penalty
provisionSection 1318(2) For relief from liability for
negligence, default or breach of
trust or dutySection 1322(4) To overcome any irregularity in a
proceeding17. Notice of appearance (s. 465C of the Law) — Form 4
(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
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(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 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 Law.(3) The period prescribed for filing and serving the notice
and affidavit required by section 465C of the Law is
the period mentioned in subparagraph (1)(b)(i).18. Intervention in proceeding by Commission (s. 1330 of the Law) — Form 5
(1) If the Commission intends to intervene in a proceeding,
the Commission 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 the Commission intends to appear in
the proceeding, the Commission 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.
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19. Publication of notices
If a rule requires a notice in relation to a body to be published in accordance with this rule, the notice must be published once in a daily newspaper circulating generally in the State or Territory where the body has its principal, or last known, place of business.
20. Proof of publication
(1) This rule applies in relation to any matter published in
connection with a proceeding.(2) Unless this order otherwise provides, 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.21. Leave to creditor, contributory or officer to be heard
(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
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(b)
an officer of a creditor, or contributory, of a corporation,
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.
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22. Inquiry in relation to corporation’s debts etc.
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.
23. Meetings ordered by the Court
Subject to the Law, this order and any direction of the Court to the contrary, regulations 5.6.12 to 5.6.36A of the Corporations Regulations apply to meetings
ordered by the Court.
Part 3 — Compromises and arrangements in relation to
Part 5.1 bodies
24. Application of Part 3
This Part 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.
25. Nomination of chairperson for meeting
Before the hearing of an application under
section 411(1), (1A) or (1B) of the Law, 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; (b) that each person nominated — (i) is willing to act as chairperson;
(ii) has had no previous relationship or dealing with the body, or any other person interested in the proposed
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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;
(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 Law, except as disclosed in the affidavit.
26. Order for meetings to identify proposed scheme
An order under section 411(1) or (1A) of the Law 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.
27. Notice of hearing (s. 411(4), s 413(1) of the Law) — Form 6
(1) This rule applies to —
(a) an application, under section 411(4) of the Law, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and (b) an application, under section 413(1) of the Law, 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.
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(3) The notice must be —
(a) in accordance with Form 6; and (b) published in accordance with rule 19 at least the application.
28. Copy of order approving compromise or arrangement to be lodged with Commission
If the Court makes an order under section 411(1), (1A) or (4), or 413(1) of the Law, the plaintiff must, as soon as practicable after the order is made —
(a) have the order sealed; (b)
lodge an office copy of the order with the Commission; and
(c)
serve an office copy of the order on any person appointed to administer the compromise or arrangement.
Part 4 — Receivers and other controllers of corporation
property (Part 5.2 of the Law)
29. Inquiry into conduct of controller (s. 423 of the Law)
A complaint to the Court under section 423(1)(b) of the Law 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.
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Part 5 — Winding-up proceedings (including
oppression proceedings where winding-up is sought)
30. Application of Part 5
This Part applies to the following applications for the winding-up of a company —
(a)
an application under section 246AA of the Law in a case of oppression or injustice;
(b)
an application under Part 5.4 or Part 5.4A of the Law.
31. Affidavit accompanying statutory demand
(s. 459E(3) of the Law) — Form 7For the purposes of section 459E(3) of the Law, 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;
(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.
32. Application for leave to apply for winding-up in
insolvency (s. 459P(2) of the Law)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.
33. Affidavit in support of application for winding-up (s. 459P, s. 462, s. 464 of the Law)
(1) The affidavit in support of an originating process
seeking an order that a company be wound up must be
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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; (b)
verify the failure of the company to comply with the demand; 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.
(3) If the application is made in reliance on the ground
mentioned in section 461(1)(a) of the Law, 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.34. Consent of liquidator (s. 532(9) of the Law) — Form 8
(1) In this rule —
“liquidator” does not include a provisional liquidator.(2) For the purposes of section 532(9) of the Law, the
consent of an official liquidator to act as liquidator of a
company must be in accordance with Form 8.
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(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 an official 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.
35. Notice of application for winding-up — Form 9
(1)
Unless the Court otherwise orders, the plaintiff must publish a notice of the application for an order that a company be wound up.
(2) The notice must be —
(a) in accordance with Form 9; and (b) published in accordance with rule 19 — (i) at least 3 days after the originating process is served on the company; and
(ii) at least 7 days before the date fixed for hearing of the application.
36. Applicant to make copies of documents available
A copy of any document filed in a proceeding to which this Part 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.
37. Discontinuance of application for winding-up
An application for an order that a company be wound
up may not be discontinued except with the leave of the
Court.
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38. Appearance before Principal Registrar
After filing an originating process seeking an order that
a company be wound up, the plaintiff must, if
required —
(a) appear before the Principal Registrar on a date to be appointed by the Principal Registrar; and (b) satisfy the Principal Registrar that the plaintiff has complied with the Law and this order in relation to applications for a winding-up order.
39. Order substituting plaintiff in application for winding-up (s. 465B of the Law) — Form 10
(1) If the Court makes an order under section 465B of the
Law, 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 —
(a) in accordance with Form 10; and (b) published in accordance with rule 19 or as otherwise directed by the Court.
40. Notice of winding-up order and appointment of liquidator — Form 11
(1) This rule applies if the Court orders that a company be
wound up and an official 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) As soon as practicable after being informed of the
appointment, the liquidator must publish a notice of the
winding-up order and the liquidator’s appointment.
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(4) The notice must be —
(a) in accordance with Form 11; and (b) published in accordance with rule 19.
(5) In this rule —
“liquidator” does not include a provisional liquidator.
Part 6 — Provisional liquidators (Part 5.4B of the Law)
41. Appointment of provisional liquidator (s. 472 of the Law) — Form 8
(1) An application by a company, a creditor or contributory
of the company, or the Commission, under
section 472(2) of the Law, for an official liquidator to
be appointed as a provisional liquidator of the company
must be accompanied by the written consent of the
official liquidator.(2) The consent must be in accordance with Form 8. (3) An order appointing a provisional liquidator of a company must include a short description of the property of the company that the provisional liquidator may take into the provisional liquidator’s custody. (4) The Court may require the plaintiff to give an
undertaking as to damages.42. Notice of appointment of provisional liquidator — Form 12
(1) This rule applies if the Court orders that an official
liquidator be appointed as a provisional liquidator of a
company.
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(2) Not later than the day after the order is made, the
plaintiff must —
(a) except if the plaintiff is the Commission — lodge an office copy of the order with the Commission; (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 order has been served as required by paragraph (b).
(3)
As soon as practicable after the order is made, the provisional liquidator must publish a notice of the provisional liquidator’s appointment.
(4) The notice must be —
(a) in accordance with Form 12; and (b) published in accordance with rule 19. Part 7 — Liquidators
43. Resignation of liquidator (s. 473(1) of the Law)
(1) A liquidator appointed by the Court who wishes to
resign office must file with the Principal Registrar, and
lodge with the Commission, a memorandum of
resignation.(2) The resignation takes effect on the filing and lodging of
the memorandum.
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44. Filling vacancy in office of liquidator (s. 473(7), s. 502 of the Law)
(1) If, for any reason, there is no liquidator acting in a
winding-up, the Court may —
(a)
in the case of a winding-up by the Court — appoint another official liquidator whose written consent in accordance with Form 8 has been filed; and
(b)
in the case of a voluntary winding-up — appoint another registered liquidator whose written consent in accordance with Form 8 has been filed.
(2) The Court may make the appointment —
(a) in any case — on application by the Commission, a creditor or a contributory; or (b) in the case of a winding-up by the Court — on its own initiative.
45. Report to liquidator as to company’s affairs (s. 475 of the Law)
(1) If a person is required under section 475 of the Law 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.
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(3)
The liquidator must report to the Court any default in complying with the requirements of section 475 of the Law.
(4) In this rule —
“liquidator” includes a provisional liquidator.
46. Liquidator to file certificate and copy of settled list
of contributories (s. 478 of the Law)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.
47. Release of liquidator and deregistration of company (s. 480(c) and (d) of the Law)
(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 the Commission 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 section 481(3) of the Law.
(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
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company’s property has been realised as, in the
liquidator’s opinion, can be realised withoutneedlessly 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) liquidator’s release;
(e) whether the Commission has appointed an
auditor to report on an account or statement ofsection 539(2) of the Law;
(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 the Commission or by the Court; or
(ii) any creditor, contributory or other
interested person;
(h) whether any report has been submitted by the liquidator to the Commission under section 533 of the Law; (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 determined;
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(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 section 480(c) of the Law — 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
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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.
48. Objection to release of liquidator — Form 13
(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.49. Report on accounts of liquidator (s. 481 of the Law)
(1) If the Court orders that a report on the accounts of a
liquidator be prepared under section 481(1) of the Law,
the liquidator must give to the auditor appointed to
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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 Law”;
(b) serve a copy of the report on the liquidator; and (c)
lodge a copy of the report with the Commission.
(3) Except with the leave of the Court, a report is not available for inspection by any person except the liquidator or the Commission. 50. Application for payment of call (s.483(3)(b) of the Law) — Form 14
The affidavit in support of an application by the liquidator of a company, under section 483(3)(b) of the Law, for an order for the payment of a call must be in accordance with Form 14.
51. Distribution of surplus by liquidator with special leave of the Court (s. 488(2) of the Law) — Form 15
(1) The affidavit in support of an application for special
leave to distribute a surplus 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.
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(3) The notice must be —
(a) in accordance with Form 15; and (b) published in accordance with rule 19.
52. Powers delegated to liquidator by the Court (s. 488 of the Law)
Subject to the Corporations Law, the Corporations Regulations, this order, and any order of the Court, the powers and duties conferred or imposed on the Court by Part 5.4B of the Law in respect of the matters mentioned in section 488(1) of the Law 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.
53. Inquiry into conduct of liquidator (s. 536 of the Law)
(1) A complaint to the Court under section 536(1)(b) of the
Law must be made —
(a)
in the case of a winding-up by the Court — by an interlocutory process seeking an inquiry; and
(b)
in the case of a voluntary winding-up — by an originating process seeking an inquiry.
(2) A report to the Court by the Commission under
section 536(2) of the Law must be made —
(a)
in the case of a winding-up by the Court — by filing —
(i) an interlocutory process seeking orders
under the subsection; and(ii) a written report in a sealed envelope that is marked with the title and number of the proceeding;
and
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(b)
in the case of a voluntary winding-up — by filing —
(i) an originating process seeking orders
under the subsection; and(ii) a written report in a sealed envelope that proceeding and provision for its number.
(3)
The contents of a report filed under subrule (2) need not, at the time of filing, be verified by an affidavit.
(4) Except with the leave of the Court, a report made under
section 536(2) of the Law is not available for
inspection by any person except the liquidator or the
Commission.(5) In this rule —
“liquidator” includes a provisional liquidator.Part 8 — Special managers (Part 5.4B of the Law)
54. Application for appointment of special manager (s. 484 of the Law)
(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;
(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.
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55. Security given by special manager (s. 484 of the Law)
(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.
56. Special manager’s receipts and payments (s. 484 of the Law)
(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.Part 9 — Remuneration of office-holders 57. Remuneration of receiver (s. 425(1) of the Law) — Form 16
(1) This rule applies to an application by a receiver of
property of a corporation for an order under
section 425(1) of the Law fixing the receiver’s
remuneration.
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(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 the corporation; and
(ii) each member of the corporation whose shareholding represents at least 10% 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 subrule (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
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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 remunerationsubrule (3);
(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)
state the nature of the work carried out by the receiver;
(b) state the amount of remuneration claimed; (c)
include a summary of the receipts taken and payments made by the receiver for the period for which remuneration is claimed; and
(d)
if the receivership is continuing — give details of any matters delaying the completion of the receivership.
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58. Remuneration of administrator (s. 449E(1) of the Law) — Form 16
(1) This rule applies to an application by the administrator
of a company under administration, or of a deed of
company arrangement, for an order under
section 449E(1) of the Law fixing the administrator’s
remuneration.(2) The administrator must not apply for the order until
after the end of 28 days after the date when a meeting
of creditors mentioned in section 449E(1)(a) of the
Law was held.(3) At least 21 days before filing an originating process, or
interlocutory process, seeking the order, the
administrator must serve a notice in accordance with
Form 16 of the administrator’s intention to apply for
the order, and a copy of any affidavit on which the
administrator intends to rely, on the following
persons —
(a) each creditor who was present, in person or by proxy at the meeting of creditors; (b) each member of any committee of inspection; (c) each member of the company whose issued capital of the company.
(4)
Within 21 days after the last service of the documents mentioned in subrule (3), any creditor or contributory may give to the administrator a notice of objection to the remuneration claimed, stating the grounds of
objection. (5) If the administrator does not receive a notice of
objection within the period mentioned in subrule (4) —
(a)
the administrator may file an affidavit, made after the end of that period, in support of the
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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 (3) were served; and
(ii) that the administrator has not received
any notice of objection to thementioned in subrule (4);
(b)
the 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 administrator; and
(c) the application may be so dealt with.
(6) If the administrator receives a notice of objection
within the period mentioned in subrule (4), the
administrator must serve a copy of the originating
process, or interlocutory process, seeking the order on
each creditor or contributory who has given a notice of
objection.(7) An affidavit in support of the originating process, or
interlocutory process, seeking the order must —
(a)
state the nature of the work carried out by the administrator;
(b) state the amount of remuneration claimed; (c)
include a summary of the receipts taken and payments made by the administrator for the period for which remuneration is claimed; and
(d)
if the administration is continuing — give details of any matters delaying the completion of the administration.
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59. Remuneration of provisional liquidator (s. 473(2) of the Law) — Form 16
(1) This rule applies to an application by a provisional
liquidator of a company for an order under
section 473(2) of the Law determining the provisional
liquidator’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 provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator’s intention to apply for the order, 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 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
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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 provisional liquidator has not received any notice of objection to the remuneration claimed within the period
mentioned in subrule (4);
(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 order —
(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 order must —
(a)
state the nature of the work carried out by the provisional liquidator;
(b) state the amount of remuneration claimed; (c)
include a summary of the receipts taken and payments made by the provisional liquidator for the period for which remuneration is claimed; and
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(d)
if the winding-up proceeding has not been determined — give details of —
(i) any reasons known to the provisional
liquidator why the winding-upand
(ii) any reasons why the provisional
liquidator’s remuneration should be
determined before the determination of
the winding-up proceeding.
60. Remuneration of liquidator (s. 473(3) of the Law) — Form 16
(1)
This rule applies to an application by a liquidator of a company for an order under subsection 473(3) of the Law determining the liquidator’s remuneration.
(2) The application —
(a)
must be made by interlocutory process in the winding-up proceeding; and
(b)
must not be made until after the end of 28 days after the date of the meeting of creditors mentioned in section 473(4) of the Law.
(3)
At least 21 days before filing the interlocutory process seeking the order, the liquidator must serve a notice in accordance with Form 16 of the liquidator’s intention to apply for the order, and a copy of any affidavit on
which the liquidator intends to rely, on the following
persons —
(a) each creditor who was present, in person or by proxy, at the meeting of creditors; (b) each member of any committee of inspection; (c) each member of the company whose issued capital of the company.
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(4)
Within 21 days after the last service of the documents mentioned in subrule (3), any creditor or contributory may give to the liquidator a notice of objection to the remuneration claimed, stating the grounds of objection.
(5) If the liquidator does not receive a notice of objection
within the period mentioned in subrule (4) —
(a) the liquidator may file an affidavit, made after 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 liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4);
(b)
the 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
liquidator; and(c) the application may be so dealt with.
(6) If the liquidator receives a notice of objection within
the period mentioned in subrule (4), the liquidator must
serve a copy of the interlocutory process seeking the
order on each creditor or contributory who has given a
notice of objection.(7) An affidavit in support of the interlocutory process
seeking the order must —
(a)
state the nature of the work carried out by the liquidator;
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(b) state the amount of remuneration claimed; (c) include a summary of the receipts taken and payments made by the liquidator for the period for which remuneration is claimed; and (d) if the winding-up is continuing — give details of any matters delaying the completion of the winding-up. 61. Remuneration of special manager (s. 484(2) of the Law) — Form 16
(1) This rule applies to an application by a special manager
of the property or business of a company for an order
under section 484(2) of the Law 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; and (c) each member of the company whose 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
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or contributory, may give to the special manager a
notice of objection to the remuneration claimed, statingthe 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 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 thementioned in subrule (4);
(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 carried out by the special manager;
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(b) state the amount of remuneration claimed; (c)
include a summary of the receipts taken and payments made by the special manager for the period for which remuneration is claimed; and
(d)
if the special management is continuing — give details of any matters delaying the completion of the special management.
Part 10 — Winding-up generally
62. Determination of value of debts or claims (s. 554A(2) of the Law)
A reference to the Court by a liquidator of a company under section 554A(2)(b) of the Law 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.
63. Disclaimer of contract (s. 568(1A) of the Law)
(1) The affidavit in support of an application by a
liquidator, under section 568(1A) of the Law, 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.
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64. Winding-up Part 5.7 bodies (s. 583, s. 585 of the Law) and registered schemes (s. 601ND of the Law)
This order applies, with any necessary adaptations, and in the same way as it applies to a company, in relation to the winding-up of a Part 5.7 body or a registered
scheme.
Part 11 — Examinations and orders (Part 5.9
Divisions 1 and 2 of the Law)
65. Definition for Part 11
In this Part —
“examination summons” means a summons under
section 596A or 596B of the Law for the
examination of a person about a corporation’s
examinable affairs.
66. Application for examination or investigation under s 411, s 423 or s 536(3) of the Law
(1)
An application for an order for the examination or investigation of a person under section 411, 423 or 536(3) of the Law may be made by —
(a) the Commission; (b) a person authorized by the Commission; (c) a creditor or contributory; or (d) any other person aggrieved by the conduct of — (i) a person appointed to administer a compromise or arrangement;
(ii) a controller; or
(iii) a liquidator or provisional liquidator.
(2) The application may be made ex parte.
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(3) The provisions of this Part that apply to an examination under Division 1 of Part 5.9 of the Law apply, with any necessary adaptations, to an examination or an investigation under section 411, 423 or 536(3) of the
Law.67. Application for examination summons (s. 596A, s. 596B of the Law) — Form 17
(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 ex parte. (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)
The originating process, or interlocutory process, and 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 Law”; or(b) “Application and supporting affidavit for issue of summons for examination under
section 596B of the Corporations Law”.
(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.
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(6) If the application is not made by the Commission, the
Commission must be given notice of the application
and, if required by the Commission, 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 is to be in accordance with
Form 17.68. Service of examination summons
An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the
examination.
69. Discharge of examination summons
(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,
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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 the Commission or a person authorized by the Commission — the Commission.
70. Filing of record of examination (s. 597(13) of the Law)
If the Court makes an order in relation to an examination under section 597(13) of the Law, the Court may give directions for the filing of the written record of the examination.
71. Authentication of transcript of examination
(s. 597(14) of the Law)For the purposes of subsection 597(14) of the Law, 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 written record that records a part of the
any part of the examination, signing theexamination at which the person was present.
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72. Inspection of record or transcript of examination or investigation under s 411, s 423 or s 536 of the Law
(1) A written record or transcript of an examination or
investigation under section 411, 423 or 536 of the Law
is not available for inspection by any person except —
(a)
with the consent of the liquidator (if any) or the Commission; or
(b) by leave of the Court.
(2) This rule does not apply to the liquidator, the Commission or any person authorized by the Commission. 73. Entitlement to record or transcript of examination held in public
(1) This rule applies if —
(a)
an examination under section 597 of the Law 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 Principal
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 that was
held in public.(3)
On receiving an application from a person under subrule (2), and any applicable fee, the Principal Registrar must give a copy of the record or transcript to
the person.
2208 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
r. 5
74. Default in relation to examination
(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;
(ii) fails to attend from day to day until the conclusion of the examination;
(iii) refuses or fails to take an oath or make an affirmation;
(iv) refuses or fails to answer a question that the Court directs the person to answer;
(v) refuses or fails to produce books that the 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.
8 May 2000] GOVERNMENT GAZETTE, WA 2209 Supreme Court Amendment Rules (No. 2) 2000
r. 5
75. Service of application for order in relation to breaches etc. by person concerned with corporation (s. 598 of the Law)
(1) This rule applies to a person applying for an order
under section 598 of the Law.(2) In addition to complying with rules 15 and 16, 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.
Part 12 — Acquisition of shares (Chapter 6 of the Law)
and Securities (Chapter 7 of the Law)
76. Service on Commission in relation to proceedings under Chapter 6 or 7 of the Law
If the Commission is not a party to an application made under Chapter 6 or 7 of the Law, the plaintiff must serve a copy of the originating process and the supporting affidavit on the Commission as soon as practicable after filing the originating process.
77. Application for summons for appearance of person (s. 1092(3) of the Law) — Form 18
(1) An application for the issue of a summons under
section 1092(3) of the Law 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
2210 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
r. 5
(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 18.78. Application for orders relating to refusal to register transfer or transmission of shares etc. (s. 1094 of the Law)
As soon as practicable after filing an originating process seeking an order under section 1094 of the Law, 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.
Part 13 — The futures industry (Chapter 8 of the Law)
79. Appeal against decision of futures exchange or futures association (s. 1135 of the Law)
For the purposes of section 1135(1) of the Law, a written notice of appeal against a decision of a futures exchange or futures association must —
(a) be in the form of an originating process; (b) state whether the whole, or part only, of the decision is complained of and, if part only, identify that part; and (c) state concisely the grounds of appeal.
80. Proceedings against futures organisation to establish claim against fidelity fund (s. 1243 of the Law)
A person who has been given leave by the Court, under section 1243(3) of the Law, to bring a proceeding to establish a claim against the fidelity fund of a futures
8 May 2000] GOVERNMENT GAZETTE, WA 2211 Supreme Court Amendment Rules (No. 2) 2000
r. 5
organisation may bring the claim in the proceeding in
which the leave was granted.
Part 14 — Powers of Courts (Part 9.5 of the Law)
81. Appeal from act, omission or decision of administrator, receiver or liquidator, etc. (s. 554A, s. 1321 of the Law)
(1)
All appeals to the Court authorized by the Law must be commenced by an originating process, or interlocutory process, stating —
(a) the act, omission or decision complained of; (b)
in the case of an appeal against a decision — whether the whole or part only and, if part only, which part of the decision is complained of; and
(c) the grounds on which the complaint is based.
(2) Unless the Law or the Corporations Regulations
otherwise provide, the originating process, or
interlocutory process, must be filed within —
(a)
21 days after the date of the act, omission or decision appealed against; or
(b) any further time allowed by the Court.
(3) The Court may extend the time for filing the
originating process, or interlocutory process, either
before or after the time for filing expires and whether
or not the application for extension is made before the
time expires.(4) As soon as practicable after filing the originating
process, or interlocutory process, and, in any case, at
least 5 days before the date fixed for hearing, the
person instituting the appeal must serve a copy of the
originating process, or interlocutory process, and any
supporting affidavit, on each person directly affected
by the appeal.
2212 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
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(5) As soon as practicable after being served with a copy
of the originating process, or interlocutory process, and
any supporting affidavit, a person whose act, omission
or decision is being appealed against must file an
affidavit —
(a)
stating the basis on which the act, omission or decision was done or made; and
(b)
annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal.
Part 15 — Proceedings under the ASIC Law
82. Reference to Court of question of law arising at hearing of Commission (s. 61 of the ASIC Law)
Order 31 applies, with any necessary adaptations, to a reference of a question of law arising at a hearing by the Commission to the Court under section 61 of the ASIC Law.
83. Reference to Court of question of law arising at hearing of Corporations and Securities Panel (s. 196 of the ASIC Law)
Order 31 applies, with any necessary adaptations, to a reference of a question of law arising at a hearing by the Corporations and Securities Panel to the Court under section 196 of the ASIC Law.
84. Application for inquiry (s. 70, s. 201, s. 219 of the ASIC Law)
An application for an inquiry under section 70(3), 201(3) or 219(7) of the ASIC Law must be made by filing an originating process seeking an inquiry and orders under the relevant subsection.
8 May 2000] GOVERNMENT GAZETTE, WA 2213 Supreme Court Amendment Rules (No. 2) 2000
r. 5
Part 16 — Jurisdiction of Masters
85. Jurisdiction of Masters
(1) A Master may exercise any of the Court’s jurisdiction
referred to in this order but may not hear and
determine —
(a)
an appeal to the Court authorized by the Law or the ASIC Law;
(b)
a matter referred to in column 1 of Part 2 of the Seventh Schedule; or
(c) a complaint for an offence.
(2) A Master, on his or her own motion or on an
application by a party, may refer a matter within his or
her jurisdiction for hearing and determination by a
Judge if the Master is of the opinion that it should be
heard and determined by a Judge.(3) A Judge, on his or her own motion or on an application
by a party, may refer a matter referred under
subrule (2) or referred to in column 1 of Part 2 of the
Seventh Schedule for hearing and determination by a
Master with any directions the Judge thinks fit.(4) In exercising his or her jurisdiction under this Order, a
Master may exercise any of the powers conferred on
the Court or a Judge.(5) This Rule does not prevent a Judge from exercising the
jurisdiction it confers on a Master.(6) A Master may make an order under section 1322 of the
Law if it is incidental to a matter in which the Master
otherwise has jurisdiction.(7)
The descriptions in column 2 of Part 2 of the Seventh Schedule are inserted for convenience only and do not affect the operation of this Order.
”.
2214 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
r. 6
6. Seventh Schedule replaced
The Seventh Schedule is repealed and the following Schedule is inserted instead —
“
Seventh Schedule
O.81G, R.4
Part 1 — Forms
Form 1
O.81G, R.9
Document title
IN THE SUPREME COURT No. of [year]
IN THE MATTER OF [full name of corporation to which the
proceeding relates and, if applicable, the words ‘(in liquidation)’,‘(receiver appointed)’, ‘(receiver and manager appointed)’,
‘(controller acting)’, or ‘(under administration)’]
ACN or ARBN: [insert ACN or ARBN]
AB (and Others)
Plaintiff(s)
[list, in a schedule, any further plaintiffs]
CD (and Others)Defendant(s)
[list, in a schedule, any further defendants]
8 May 2000] GOVERNMENT GAZETTE, WA 2215 Supreme Court Amendment Rules (No. 2) 2000
r. 6
Form 2
O.81G, R10
Originating process
[Title]
A. DETAILS OF APPLICATION This application is made under *section/*regulation [number] of the
*Corporations Law/*ASIC Law/*Corporations Regulations.
[State briefly the nature of the proceeding, e.g. application for
winding-up on ground of insolvency; or complaint about a receiver.]
On the facts stated in the supporting affidavit(s), the plaintiff claims:
1
2
etc.
ANDDate:
. . . . . . . . . . . . . . . . . . . . . Signature of plaintiff or plaintiff ’s legal practitioner
B. NOTICE TO DEFENDANT(S) TO: [name and address of each defendant (if any)].
This application will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at [address of Court] at . . . . . . . . *a.m./*p.m. on . . . . . . . . If you or your legal practitioner do not appear before the Court at that time, the application may be dealt with, and an order made, in your absence. As soon after that time as the business of the Court will allow, any of the following may happen:
(a) the application may be heard and final relief given;
2216 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
r. 6
(b) directions may be given for the future conduct of the proceeding; (c) any interlocutory application may be heard.
Before appearing before the Court, you must file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff.
C. APPLICATION FOR WINDING-UP ON GROUND OF INSOLVENCY
[Complete this section if this originating process is seeking an order
that a company be wound up in insolvency on the ground that the
company has failed to comply with a statutory demand (see section459Q of the Corporations Law.]
[Set out particulars of service of the statutory demand on the company
and of the failure to comply with the demand.]
[Attach to this originating process a copy of the statutory demand
and, if the demand has been varied by an order made under
section 459H(4) of the Corporations Law because of a dispute oroffsetting claim, a copy of the order made under that subsection.]
[The affidavit in support of this originating process must —
(a) verify service of the demand on the company; (b)
verify the failure of the company to comply with the demand; 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 at the date when the affidavit is made.]
D. FILING Date of filing: [date of filing to be entered by Principal Registrar]
. . . . . . . . . . . . . . . . . . . . .
Principal Registrar
This originating process is filed by [name] for the plaintiff.
8 May 2000] GOVERNMENT GAZETTE, WA 2217 Supreme Court Amendment Rules (No. 2) 2000
r. 6
E. SERVICE The plaintiff ’s address for service is [address of plaintiff ’ s legal practitioner or of plaintiff].
*It is not intended to serve a copy of this originating process on any
person.
OR
*It is intended to serve a copy of this originating process on each
defendant and on any person listed below —
[name of defendant and any other person on whom a copy of the
originating process is to be served].
[Complete the following section if the time for service has been
abridged.]The time by which a copy of this originating process is to be served has been abridged by order made by [name of Judge or other Court officer] on [date] to [time and date].
* Omit if not applicable
Form 3
O.81G, R.10
Interlocutory process
[Title]
A. DETAILS OF INTERLOCUTORY APPLICATION *This interlocutory application is made under *section/*regulation
[number] of the *Corporations Law/*ASIC Law/*Corporations
Regulations.
On the facts stated in the supporting affidavit(s), the applicant, [name],
applies for the following interlocutory relief —
12
etc.
2218 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
r. 6
AND Date:
. . . . . . . . . . . . . . . . . . . . .
Signature of applicant making this application orapplicant’s legal practitioner
B. NOTICE TO RESPONDENT(S) TO: [name and address of each respondent to this interlocutory process (if any). If applicable, also state the respondent’s address for service.]
This interlocutory application will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . at [address of Court] at . . . . . . . . *a.m./*p.m. on . . . . . . . . If you or your legal practitioner do not appear before the Court at that time, the application may be dealt with, and an order made, in your absence.
Before appearing before the Court, you must, except if you have already done so or you are the plaintiff in this proceeding, file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff in the originating process.
C. FILING This interlocutory process is filed by [name] for the applicant.
D. SERVICE The applicant’s address for service is [address of applicant’s legal practitioner or of applicant].
*It is not intended to serve a copy of this interlocutory process on any
person.
OR
*It is intended to serve a copy of this interlocutory process on each
respondent and on any person listed below —
[name of respondent and any other person on whom a copy of the
interlocutory process is to be served].
8 May 2000] GOVERNMENT GAZETTE, WA 2219 Supreme Court Amendment Rules (No. 2) 2000
r. 6
[Complete the following section if the time for service has been
has been abridged by order made by [name of Judge or other Court officer] on [date] to [time and date].
abridged.]
* Omit if not applicable
Form 4
O.81G, R.17
Notice of appearance
[Title]
A. DETAILS OF PERSON INTENDING TO APPEAR Notice is given that [state full name and address], [briefly state your interest in the proceeding, e.g. a creditor for $ (amount), or a contributory, of the corporation] intends to appear before the Court at the hearing of the application to be heard at [name of Court and address] on [date] and, if applicable, to *oppose/*support the application.
B. GROUNDS OF OPPOSITION TO WINDING-UP [Complete this section only if you are opposing an application to
wind-up a company.]
The grounds on which I oppose the application for winding-up are —
1
2etc.
C. SERVICE [This section must be completed]
person’s legal practitioner or of person].
. . . . . . . . . . . . . . . . . . . . .
Signature of person giving noticeor of person’s legal practitioner
* Omit if not applicable
2220 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
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Form 5
O.81G, R.18
Notice of intervention by the Commission
[Title]
The Australian Securities and Investments Commission, whose address for service is [address], intervenes in this proceeding.
Date:
. . . . . . . . . . . . . . . . . . . . .
Signed on behalf of the Commission
Name of signatory: [name].
Capacity of signatory: [capacity].
Form 6
O.81G, R.27
Notice of hearing to approve compromise or arrangement
TO all the creditors and members of [name of company].
TAKE NOTICE that at . . . . . . . . *a.m./*p.m. on . . . . . . . ., the . . . . . . . . . . . . . . . at [address of Court] will hear an application by [name of plaintiff] seeking the approval of a compromise or arrangement between the above-named company and its *members/*creditors as proposed by a resolution passed by the meeting of the *members/*creditors of the company held on [date].
[Complete this section if applicable] was amended from the form of compromise or arrangement previously sent to you in the following respects —
[Set out the details of any amendment made at the meeting.]
If you wish to oppose the approval of the compromise or arrangement, you must file and serve on the plaintiff a notice of appearance, in the
8 May 2000] GOVERNMENT GAZETTE, WA 2221 Supreme Court Amendment Rules (No. 2) 2000
r. 6
prescribed form, together with any affidavit on which you wish to rely
at the hearing. The notice of appearance and affidavit must be served
on the plaintiff at its address for service at least one day before thedate fixed for the hearing of the application.
[This section must be completed]
practitioner or of plaintiff].
Name of person giving notice or of person’s legal practitioner [name].
* Omit if not applicable
Form 7
O.81G, R.31
Affidavit accompanying statutory demand
[Name of creditor(s)]
Creditor(s)
[Name of debtor company]
Debtor company
I, [name] of [address and occupation], *say on oath/*affirm [or
*make oath and say/*solemnly and sincerely declare and affirm] —1 I am [state deponent’s relationship to the creditor(s), e.g., ‘the creditor’, ‘(name), one of the creditors’, ‘a director of the creditor’, ‘a director of (name), one of the creditors’] named in the statutory demand, which this affidavit accompanies, relating to the *debt/*debts owed by [name of debtor company].
2 [If the deponent is not the creditor, state the facts entitling the deponent to make the affidavit, e.g. ‘I am authorized by the creditor(s) to make this affidavit on its/their behalf].
2222 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
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3 [State the source of the deponent’s knowledge of the matters stated in the affidavit in relation to the debt or each of the debts, e.g. ‘I am the person who, on behalf of the creditor(s), had the dealings with the debtor company that gave rise to the debt’, ‘I have inspected the business records of the creditor in relation to the debtor company’s account with the creditor’].
4 *The debt of $[amount]/*The total $[amount] of the debts mentioned in the statutory demand is due and payable by the debtor company.
5 I believe that there is no genuine dispute about the existence or amount of the *debt/*any of the debts.
*Sworn/*affirmed at: [place of swearing or affirmation] on [date]
OR
*Sworn/*affirmed by the above-named deponent at: [place of
swearing or affirmation] this day of [month] [year]
. . . . . . . . . . . . . . . . . . . . .
Signature of deponent
Before me:
. . . . . . . . . . . . . . . . . . . . .
Signature and designation of
person before whom deponentswears or affirms affidavit
* Omit if not applicable
Note The form of the opening words and the jurat of this affidavit may be changed to conform to the form of affidavit used in a particular State or Territory — see rule 14.
8 May 2000] GOVERNMENT GAZETTE, WA 2223 Supreme Court Amendment Rules (No. 2) 2000
r. 6
Form 8
O.81G, RR.34, 41
Consent of liquidator/provisional liquidator
[Title]
I, [name], of [address], an official liquidator, consent to be appointed
by the Court and to act as the *liquidator/*provisional liquidator of
[name of company].I am not aware of any conflict of interest or duty that would make it improper for me to act as *liquidator/*provisional liquidator of the company.
Date:
. . . . . . . . . . . . . . . . . . . . .
Signature of official liquidator
* Omit if not applicable
Form 9
O.81G, R.35
Notice of application for winding-up order
IN THE [name of Court] No. of [year] [Name of company]
ACN: [ACN of company to which proceeding relates]1 A proceeding for the winding-up of [name of company] was commenced by the plaintiff, [name of plaintiff], on [date of filing of originating process] and will be heard by . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at [address
of Court] at . . . . . . . . *a.m./*p.m. on . . . . . . . . Copies of
documents filed may be obtained from the plaintiff’s address for
service.2 The plaintiff’s address for service is [address of plaintiff’s legal practitioner or of plaintiff].
2224 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
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3 Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the plaintiff at the
plaintiff’s address for service at least 3 days before the date
fixed for the hearing.
Date:
Name of plaintiff or plaintiff’s legal practitioner: [name]
* Omit if not applicable
Form 10
O.81G, R.39
Notice of application for winding-up order by substituted plaintiff
IN THE [name of Court] No. of [year] [Name of company]
ACN: [ACN of company to which proceeding relates]1 [Name of substituted plaintiff], who was, by order of the [name of Court], substituted as a plaintiff, will apply to the Court at . . . . .*a.m./*p.m. on . . . . . . . . at [address of Court] for an order that the above company be wound up.
2 The address for service of the substituted plaintiff is [address of substituted plaintiff’s legal practitioner or of substituted plaintiff].
3 Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the substituted plaintiff at its address for service at least 3 days before the date fixed for the hearing.
Date: . . . . . . . . . . . . . . . . . . . . .
Signature of person giving noticeor of person’s legal practitioner
* Omit if not applicable
8 May 2000] GOVERNMENT GAZETTE, WA 2225 Supreme Court Amendment Rules (No. 2) 2000
r. 6
Form 11
O.81G, R.40
Notice of winding-up order and of appointment of liquidator
IN THE [name of Court]
AT [location of Court]
IN THE MATTER OF [name of company to which the proceeding relates]
ACN: [ACN of company to which proceeding relates]
On [date], the [name of Court] in Proceeding No. of [year], ordered the winding-up of [name of company] and I was appointed as liquidator of the company.
Date:
Name and address of liquidator: [name and address]
Form 12
O.81G, R.42
Notice of appointment of provisional liquidator
IN THE [name of Court]
AT [location of Court]
IN THE MATTER OF [name of company to which the proceeding relates]
ACN: [ACN of company to which proceeding relates]
On [date], in Proceeding No. of [year], heard by the [name of Court], I was appointed as the provisional liquidator of the above company.
Date:
Name and address of provisional liquidator: [name and address]
2226 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
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Form 13
O.81G, R.48
Notice by creditor or contributory of objection to release
of liquidator
[Title]
[Name of creditor/contributory] of [address of creditor/contributory],
a creditor of [name of company] for $[amount], or a contributory of
[name of company] holding [number] shares in the company, objects
to the grant of a release to [name of liquidator] of [address of
liquidator], who is the liquidator of [name of company], on thefollowing grounds —
[set out the grounds upon which the objection is made]
Date:
. . . . . . . . . . . . . . . . . . . . .
Signature of objectoror objector’s legal practitioner
Name of objector or objector’s legal practitioner: [name].
The objector’s address for service is [address of objector or objector’s legal practitioner].
Form 14
O.81G, R.50
Affidavit in support of application for order for payment of call
[Title]
I, [name] of [address], liquidator, *say on oath/*affirm [or *make oath and say/*solemnly and sincerely declare and affirm]:
1 I am the liquidator of [name of company] (the company).
2 On [date] I made a call of $[amount] per share on all the contributories of the company [or specify the class of contributories on whom the call was made].
8 May 2000] GOVERNMENT GAZETTE, WA 2227 Supreme Court Amendment Rules (No. 2) 2000
r. 6
*Annexed/*Exhibited and marked A is a copy of the notice of the form annexed or exhibited and marked
A.
the call. Each contributory whose name is shown in the3 Each contributory of the company whose name is set out in column 2 of the Schedule marked B has not paid, or caused to be paid, to me the sum specified opposite the contributory’s name in column 5 of the Schedule, which is due from that contributory under the call.
4 The amount set out opposite the name of each contributory in column 6 of the Schedule is an estimate of the amount due by that contributory in respect of the costs of applying for and
giving effect to the order for payment of the call. The estimate
of the amounts so due by the several contributories has been
reached by apportioning the costs among the contributories who
have not paid the call according to the liability of the respective
contributories to contribute.5 The amount set out opposite the name of each contributory in column 7 of the Schedule is the total of the amount due by that contributory in respect of the call as set out in column 5 and the amount due in respect of costs as set out in column 6.
*Sworn/*affirmed at: [place of swearing or affirmation] on [date]
OR
*Sworn/*affirmed by the above-named deponent at: [place of
swearing or affirmation] this day of [month] [year].
. . . . . . . . . . . . . . . . . . . . .
Signature of deponent
Before me:
. . . . . . . . . . . . . . . . . . . . .
Signature and designation of
person before whom deponentswears or affirms affidavit
* Omit if not applicable
2228 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
r. 6
Note The form of the opening words and the jurat of this affidavit may be changed to conform to the form of affidavit used in a particular State or Territory — see rule 14.
Schedule B
Number on Name Address Character Unpaid Proportion Total list of in which amount of costs of amount contributories included in of call application payable the list Form 15 O.81G, R.51
Notice of application for leave to distribute a surplus
IN THE [name of Court and address]
APPLICATION NO:
IN THE MATTER OF [company name]
ACN: [ACN of company to which proceeding relates]
On . . . . . . . . at . . . . . . . ., the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . will hear an application by the liquidator of [name of company] in Proceeding No. of [year] for leave to distribute a surplus in respect
of the liquidation of the company.
Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and affidavit on the liquidator at the address shown below at least 3 days before the date fixed for the hearing.
Name of liquidator: [name].
The liquidator’s address for service is [address].
. . . . . . . . . . . . . . . . . . . . .
Signature of liquidator
8 May 2000] GOVERNMENT GAZETTE, WA 2229 Supreme Court Amendment Rules (No. 2) 2000
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Form 16
O.81G, RR.57, 58, 59, 60, 61
Notice of intention to apply for remuneration
IN THE MATTER OF [company name]
ACN: [ACN of company to which proceeding relates]
TO: [name and address of person to whom notice is given]
TAKE NOTICE that, not less than 21 days after this notice is served
on you, I, [name and address], the *receiver/*administrator/
*liquidator/*provisional liquidator/*special manager of the above
company, intend to apply to the Court to determine my remuneration.
If you object to my application, you must, within 21 days after being
served with this notice, serve on me a notice of objection stating the
grounds of objection to the remuneration claimed.Date:
. . . . . . . . . . . . . . . . . . . . .
Signature of *receiver/*administrator/*liquidator/*provisional liquidator/*special manager
* Omit if not applicable
Form 17
O.81G, R.67
Summons for public examination
[Title]
A. DETAILS OF SUMMONS TO: [name and address of person to be examined]
You are summoned under *section 596A/*section 596B of the
Corporations Law to:
(a)
attend before . . . . . . . . . . . . . . . . . . . . . . . . . . at [address of Court] at . . . . . . . . *a.m./*p.m. on . . . . . . . ., and from day to day until excused by the Court, to be examined on oath or affirmation about the examinable affairs of [name of corporation]; and
2230 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
r. 6
(b) *to produce at the examination the following books [specify books — include in a Schedule if necessary].
Date:
. . . . . . . . . . . . . . . . . . . . .
Principal Registrar
B. NOTICE TO PERSON TO BE EXAMINED The Court may order that the questions put to you and the answers without reasonable cause, you may be arrested and imprisoned without further notice.
given by you at the examination are to be recorded in writing and
signed by you.* Omit if not applicable
Form 18
O.81G, R.77
Summons for appearance in relation to registration of
transfer of interests
[Title]
TO: [name and address]
You are required to appear before the . . . . . . . . . . . . . . . at [address of Court] at . . . . . . . . *a.m./*p.m. on . . . . . . . . and show cause why the document(s) specified in the Schedule should not be *delivered
up/*produced at the office of [name of company] at [address of
company] within [period as ordered], as required by the attachednotice.
The address for service of the person applying for this summons is
[address of person’s legal practitioner or of person].Date:
. . . . . . . . . . . . . . . . . . . . .
Principal Registrar
* Omit if not applicable
Schedule
[description of document(s)]
8 May 2000] GOVERNMENT GAZETTE, WA 2231 Supreme Court Amendment Rules (No. 2) 2000
r. 6
Part 2 — Matters outside the jurisdiction of a Master
O.81G, R.85
Column 1 Column 2 Provision Description of matter Matters under the ASIC Law
s. 61 Reference by the Commission to the Court of a
question of law arising at a hearing of the
Commissions. 70 Request by the Commission for the Court to
inquire into non-compliance by a person with an
investigations. 196 Reference by the Commission to the Court of a
question of law arising at a hearing of the
Corporations and Securities Panels. 201
Request by the Corporations and Securities Panel for the Court to inquire into non-compliance by a person before the Panel
s. 219 Request by the Companies Auditors and
Liquidators Disciplinary Board for the Court to
inquire into non-compliance by a person before the
BoardMatters under the Corporations Law
s. 230 Application for order prohibiting a person from
managing a corporationPart 5.1 Relating to arrangements and reconstructions
(ss. 410-415A)s. 423 Supervising controller of property of a corporation s. 536 Supervising liquidator s. 598 Application for order against person concerned
with corporations. 599 Application for order prohibiting a person from
managing a corporation
2232 GOVERNMENT GAZETTE, WA [8 May 2000 Supreme Court Amendment Rules (No. 2) 2000
r. 6
Column 1 Column 2 Provision Description of matter Chapter 6 Relating to acquisition of shares
(ss. 602-759)Part 9.4B Relating to civil and criminal consequences of
contravening civil penalty provisions
(ss. 1317DA-1317JC)Part 9.5 Relating to powers of courts except (ss. 1318-1328) s. 1319
”.
Dated: 4 May 2000.
DAVID K. MALCOLM, AC, Chief Justice’s signature
G. A. KENNEDY C. D. STEYTLER W. P. PIDGEON K. H. PARKER H. A. WALLWORK D. C. HEENAN M. J. MURRAY A. J. TEMPLEMAN N. J. OWEN C. A. WHEELER G. F. SCOTT G. P. MILLER
J. R. McKECHNIE
Judges’ signatures.
8 May 2000] GOVERNMENT GAZETTE, WA 2233
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