Supreme Court (Chapter v Insolvency and Further Powers of Judicial Registrars Amendment) Rules 2018 (Vic)

Supreme Court (Chapter V Insolvency and Further Powers of Judicial Registrars Amendment) Rules 2018

S.R. No. 56/2018

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Expressions used in the Corporations Act

6Definitions for these Rules

7Notice of certain applications to be given to ASIC

8Order 4 substituted

9Consent of liquidator (s. 532(9) of the Corporations Act)—Form 8

10Rule 5.6 substituted

11Rule 5.11 amended

12Note inserted in Order 6

13Appointment of provisional liquidator (s. 472 of the Corporations Act)—Form 8

14Rule 6.2 amended

15Rule 7.1 revoked

16Rule 7.2 substituted

17Report to liquidator as to company's affairs (s. 475 of the Corporations Act)

18Release of liquidator and deregistration of company (ss 480(c) and (d) of the Corporations Act)

19Rule 7.11 substituted

20Rule 9.2 substituted

21Rule 9.2A amended

22Rule 9.3 amended

23Rules 9.4 and 9.4A revoked

24Remuneration of special manager (s. 484(2) of the Corporations Act)—Form 16

25Heading to Order 11 substituted

26Rule 11.2 substituted

27Rule 11.8 amended

28Heading to Order 14 substituted

29Heading to Rule 14.1 substituted

30Rule 15A.5 amended

31Powers of Associate Judges

32Consideration by Associate Judge or judicial registrar

33Form 8 substituted

34Form 16 amended

35Form 16A amended

36Form 19 amended

37Schedule 2 amended

38New Schedule 2AA inserted

39Schedule 2A amended

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Endnotes

STATUTORY RULES 2018

S.R. No. 56/2018

Supreme Court Act 1986
Corporations (Ancillary Provisions) Act 2001

Supreme Court (Chapter V Insolvency and Further Powers of Judicial Registrars Amendment) Rules 2018

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter V of the Rules of the Supreme Court in relation to insolvency proceedings to align with like rules in other Australian jurisdictions and to provide further policies for judicial registrars in corporations proceedings.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 23 of the Corporations (Ancillary Provisions) Act 2001 and all other enabling powers.

3Commencement

These Rules come into operation on 1 June 2018.

4Principal Rules

In these Rules, the Supreme Court (Corporations) Rules 2013[1] are called the Principal Rules.

5Expressions used in the Corporations Act

(1)In the note to Rule 1.4 of the Principal Rules, omit "official liquidator—see section 9;".

(2)At the end of Rule 1.4 of the Principal Rules insert—

"(2)Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule.

Note

Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule.".

6Definitions for these Rules

In Rule 1.5 of the Principal Rules insert the following definition—

"Insolvency Practice Schedule (Corporations) means Schedule 2 to the Corporations Act;".

7Notice of certain applications to be given to ASIC

(1)In item 3 of the Table to Rule 2.8(3) of the Principal Rules, in column 2, for "509(6)" substitute "509(2)".

(2)Item 4 of the Table to Rule 2.8(3) of the Principal Rules is revoked.

(3)After item 9 of the Table to Rule 2.8(3) of the Principal Rules insert—

"10.	Section 45-1(3) of the Insolvency Practice Schedule (Corporations)	For an order under section 45-1(1) of the Insolvency Practice Schedule (Corporations)
11.	Section 90-10(1) of the Insolvency Practice Schedule (Corporations)	For an inquiry into the external administration of a company
12.	Section 90-20 of the Insolvency Practice Schedule (Corporations)	For an order under section 90-15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company.".

8Order 4 substituted

For Order 4 of the Principal Rules substitute—

"ORDER 4—PROCESS FOR SEEKING AN INQUIRY OR ORDER IN RELATION TO CONTROLLER, REGISTERED LIQUIDATOR OR EXTERNAL ADMINISTRATION

4.1Inquiry into conduct of controller (s. 423 of the Corporations Act)

(1)A complaint to the Court under section 423(1)(b) of the Corporations Act about an act or omission of a receiver, or a controller appointed by the Court, must be made by an originating process seeking an inquiry in relation to the complaint.

(2)The complaint may be made by a person referred to in any paragraph of Rule 11.2(1)(a) to (d).

4.2Order or inquiry in relation to a registered liquidator or external administration of a company

An application to the Court—

(a)under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or

(b)under section 90‑10 of that Schedule for an inquiry into the external administration of a company; or

(c)under section 90‑20 of that Schedule for an order in relation to the external administration of a company—

must be made—

(d)in the case of a winding up by the Court—by an interlocutory process seeking the inquiry or order; or

(e)in any other case—by an originating process seeking the inquiry or order.

__________________".

9Consent of liquidator (s. 532(9) of the Corporations Act)—Form 8

In Rule 5.5 of the Principal Rules—

(a)for "an official" (wherever occurring) substitute "a registered";

(b)for "the official" (wherever occurring) substitute "the registered".

10Rule 5.6 substituted

For Rule 5.6 of the Principal Rules substitute—

5.6"Notice of application for winding up

(1)If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application, in accordance with Form 9, to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business.

Note

If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act.

(2)A notice under paragraph (1), or under section 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published—

(a)at least 3 days after the originating process is served on the company; and

(b)at least 7 days before the date fixed for the hearing of the application.".

11Rule 5.11 amended

(1)In the heading to Rule 5.11 of the Principal Rules omit "—Form 11".

(2)In Rule 5.11(1) of the Principal Rules for "an official" substitute "a registered".

(3)For Rule 5.11(3) and (4) of the Principal Rules substitute—

"(3)If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator's appointment, in accordance with Form 11, to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business.

Note

If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act.

(4)A notice under paragraph (3), or under section 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment.".

12Note inserted in Order 6

Under the heading to Order 6 of the Principal Rules insert—

"Note

See also Rule 7.3 (report to liquidator as to company's affairs under section 475 of the Corporations Act).".

13Appointment of provisional liquidator (s. 472 of the Corporations Act)—Form 8

In Rule 6.1(1) of the Principal Rules—

(a)for "an official" substitute "a registered";

(b)for "the official" substitute "the registered".

14Rule 6.2 amended

(1)In the heading to Rule 6.2 of the Principal Rules omit "—Form 12".

(2)In Rule 6.2(1) of the Principal Rules for "an official" substitute "a registered".

(3)For Rule 6.2(3) and (4) of the Principal Rules substitute—

"(3)If the order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator's appointment, in accordance with Form 12, to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business.

Note

If the order results from an application under section 459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act.

(4)A notice under paragraph (3), or under subsection 465A(2) of the Corporations Act, of a provisional liquidator's appointment must be published as soon as practicable after the relevant order is made.".

15Rule 7.1 revoked

Rule 7.1 of the Principal Rules is revoked.

16Rule 7.2 substituted

For Rule 7.2 of the Principal Rules substitute—

7.2"   Vacancy in office of liquidator (Corporations Act s. 473A and s. 499(3) and Insolvency Practice Schedule (Corporations) s 90-15)

If, for any reason, there is no liquidator of a company under external administration, the Court may appoint a registered liquidator whose written consent in accordance with Form 8 has been filed.

Note

The Court may make the appointment—

(a)on its own initiative, during proceedings before the Court; or

(b)on application under section 90‑20 of the Insolvency Practice Schedule (Corporations).

See section 90-15(2) of that Schedule.".

17

Report to liquidator as to company's affairs

(s. 475 of the Corporations Act)

(1)Before Rule 7.3(1) of the Principal Rules insert—

"(1AA)In this Rule—

liquidator includes a provisional liquidator.".

(2)For Rule 7.3(4) of the Principal Rules substitute—

"(4)Unless the Court otherwise orders, a report filed by a liquidator under section 475(7) of the Corporations Act is not available for inspection by any person.

Note

A report filed by a liquidator under section 475(7) of the Corporations Act may include commercial-in-confidence information that may not be inspected: see section 1274(4G) of the Corporations Act.".

18Release of liquidator and deregistration of company (ss 480(c) and (d) of the Corporations Act)

For Rule 7.5(3)(e) of the Principal Rules substitute—

"(e)whether ASIC has caused books in relation to the company to be audited under section 70-15 of the Insolvency Practice Schedule (Corporations);".

19Rule 7.11 substituted

For Rule 7.11 of the Principal Rules substitute—

7.11"   Appointment of reviewing liquidator (Insolvency Practice Schedule (Corporations) s. 90-23(8))

(1)An application to the Court under section 90‑23(8) of the Insolvency Practice Schedule (Corporations) to appoint a registered liquidator to carry out a review into a matter relating to the external administration of a company must be made—

(a)in the case of a winding up by the Court—by filing an interlocutory process seeking the relevant orders; or

(b)in the case of a voluntary winding up—by filing an originating process seeking the relevant orders.

(2)The application must be accompanied by the written declaration made by the proposed reviewing liquidator under section 90-18 of the Insolvency Practice Rules (Corporations) 2016 of the Commonwealth.".

20Rule 9.2 substituted

For Rule 9.2 of the Principal Rules substitute—

9.2"

Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations)

s. 60-10(1)(c) and (2)(b))—Form 16

(1)This Rule applies in relation to an application for a determination under section 60-10(1)(c) or (2)(b) of the Insolvency Practice Schedule (Corporations) specifying remuneration that an external administrator of a company is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration.

Note

Section 60-10 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60-2 of the Insolvency Practice Schedule (Corporations).

(2)At least 21 days before filing an originating process, or interlocutory process, seeking the determination, the external administrator must serve a notice, in accordance with Form 16, of the external administrator's intention to apply for the determination, and a copy of any affidavit on which the external administrator intends to rely, on the following persons—

(a)each creditor who was present, in person or by proxy, at any meeting of creditors;

(b)each member of any committee of inspection;

(c)if there is no committee of inspection, and no meeting of creditors has been convened and held—each of the 5 largest (measured by amount of debt) creditors of the company;

(d)each member of the company whose shareholding represents at least 10% of the issued capital of the company.

(3)Within 21 days after the last service of the documents referred to in paragraph (2), any creditor or contributory may give to the external administrator a notice of objection to the remuneration claimed, stating the grounds of objection.

(4)If the external administrator does not receive a notice of objection within the period referred to in paragraph (3)—

(a)the external administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the determination stating—

(i)the date, or dates, when the notice and affidavit required to be served under paragraph (2) were served; and

(ii)that the external administrator has not received any notice of objection to the remuneration claimed within the period referred to in paragraph (3); and

(b)the external administrator may endorse the originating process, or interlocutory process, with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the external administrator; and

(c)the application may be so dealt with.

(5)If the external administrator receives a notice of objection within the period referred to in paragraph (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection.

(6)An affidavit in support of the originating process, or interlocutory process, seeking the determination must—

(a)include evidence of the matters referred to in section 60-12 of the Insolvency Practice Schedule (Corporations); and

(b)state the nature of the work performed or likely to be performed by the external administrator; and

(c)state the amount of remuneration claimed; and

(d)include a summary of the receipts taken and payments made by the external administrator; and

(e)state particulars of any objection of which the external administrator has received notice; and

(f)if the external administration is continuing—give details of any matters delaying the completion of the external administration.".

21Rule 9.2A amended

(1)For the heading to Rule 9.2A of the Principal Rules substitute—

"Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s. 60-11(1)".

(2)For Rule 9.2A(1) of the Principal Rules substitute—

"(1)This Rule applies in relation to an application under section 60-11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company.

Notes

1 Section 60-11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60-2 of the Insolvency Practice Schedule (Corporations).

2     An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a

review of a remuneration determination made by the Court under section 60-10(1)(c) or (2)(b) of that Schedule: see section 60-11(5) of that Schedule.".

(3)Rule 9.2A(2) of the Principal Rules is revoked.

(4)In Rule 9.2A(3) of the Principal Rules—

(a)in paragraph (a) omit "a committee of creditors or";

(b)in paragraph (b), before "administrator" insert "external".

(5)For Rule 9.2A(7) of the Principal Rules substitute—

"(7)The external administrator must file an affidavit stating the following matters—

(a)the matters referred to in section 60-12 of the Insolvency Practice Schedule (Corporations);

(b)the nature of the work performed or likely to be performed by the external administrator;

(c)the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined;

(d)a summary of the receipts taken and payments made by the external administrator;

(e)particulars of any objection to the remuneration as determined, of which the external administrator has received notice; and

(f)if the external administration is continuing, details of any matters delaying the completion of the external administration.".

(6)Rule 9.2A(8) of the Principal Rules is revoked.

22Rule 9.3 amended

(1)In the heading to Rule 9.3 of the Principal Rules, for "(s. 473(2) of the Corporations Act)" substitute "(Insolvency Practice Schedule (Corporations) s. 60-16)".

(2)For Rule 9.3(1) of the Principal Rules substitute—

"(1)This Rule applies in relation to an application by a provisional liquidator of a company for a determination under subsection 60-16(1) of the Insolvency Practice Schedule (Corporations) of the remuneration the provisional liquidator is entitled to receive.".

(3)In Rule 9.3(3), (5), (6) and (7) of the Principal Rules, for "the order" (wherever occurring) substitute "the determination".

(4)In Rule 9.3(8) of the Principal Rules—

(a)for "section 473(10) of the Corporations Act" substitute "section 60-12 of the Insolvency Practice Schedule (Corporations)";

(b)in paragraph (b), for '"liquidator"' substitute '"external administrator"'.

23Rules 9.4 and 9.4A revoked

Rules 9.4 and 9.4A of the Principal Rules are revoked.

24Remuneration of special manager (s. 484(2) of the Corporations Act)—Form 16

In Rule 9.5(3)(b) of the Principal Rules, omit "committee of creditors or" (where twice occurring).

25Heading to Order 11 substituted

For the heading to Order 11 of the Principal Rules substitute—

ORDER 11"—INQUIRIES, EXAMINATIONS, INVESTIGATIONS AND ORDERS AGAINST PERSON CONCERNED WITH CORPORATION".

26Rule 11.2 substituted

For Rule 11.2 of the Principal Rules substitute—

11.2" Inquiries, examinations and investigations under section 411(9)(b) or 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations)

(1)An application for an order for an examination or investigation under subsection 423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following—

(a)a person with a financial interest in the administration of the corporation;

(b)an officer of the corporation;

(c)if the committee of inspection (if any) so resolves—a creditor, on behalf of the committee;

(d)ASIC.

Note

An application—

(a) under section 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or

(b)  under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry—

may be made by a person referred to in section 90‑10(2) of the Insolvency Practice Schedule (Corporations): see section 411(9)(b)

of the Corporations Act and section 90‑10(1) of the Insolvency Practice Schedule (Corporations).

(2)The following applications may be made without notice to any person—

(a)an application under section 411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry;

(b)an application for an order for an examination or investigation under section 423(3) of the Corporations Act;

(c)an application under Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry.

(3)The provisions of this Order that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under section 411(9)(b) or section 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations).".

27Rule 11.8 amended

(1)In the heading to Rule 11.8 of the Principal Rules, for ", 423 or 536 of the Corporations Act" substitute "or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations)".

(2)In Rule 11.8(1) of the Principal Rules, for "411, 423 or 536" substitute "411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations)".

28Heading to Order 14 substituted

For the heading to Order 14 of the Principal Rules substitute—

ORDER 14"—APPEALS AUTHORISED BY THE CORPORATIONS ACT".

29Heading to Rule 14.1 substituted

For the heading to Rule 14.1 of the Principal Rules substitute—

"Appeals against acts, omissions or decisions".

30Rule 15A.5 amended

(1)In the heading to Rule 15A.5 of the Principal Rules for "Official" substitute "Registered".

(2)In Rule 15A.5(a) of the Principal Rules, for "an official" substitute "a registered".

31Powers of Associate Judges

(1)After Rule 16.1(1) of the Principal Rules insert—

"(1.1)An Associate Judge may exercise any power conferred on the Court or a Judge of the Court by any provision of the Insolvency Practice Schedule (Corporations) listed in column 1 of Schedule 2AA, subject to any qualification set out in that column.".

(2)In Rule 16.1(2) of the Principal Rules, after "Schedule 2" insert "or column 3 of Schedule 2AA".

32Consideration by Associate Judge or judicial registrar

(1)For Rule 16.9(2)(b) of the Principal Rules substitute—

"(b)subject to paragraph (4) or (4.1), as the case requires, that the application is unopposed.".

(2)The note at the foot of Rule 16.9(4) of the Principal Rules is revoked.

(3)After Rule 16.9(4) of the Principal Rules insert—

"(4.1)In the case of an application to a judicial registrar, if the judicial registrar is satisfied that the application is opposed on grounds appropriate for determination by a Judge of the Court or an Associate Judge the judicial registrar shall refer the application for hearing and determination by a Judge of the Court or an Associate Judge, as the case requires, but otherwise the judicial registrar may hear and determine the application.

Note

See also section 113L of the Supreme Court Act 1986.".

33Form 8 substituted

For Form 8 of the Principal Rules substitute—

"Rules 5.5, 6.1, 7.2 FORM 8

CONSENT OF LIQUIDATOR/PROVISIONAL LIQUIDATOR

[Title]

I, [name], of [address], a registered 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.

EITHER

*I am not aware of any relevant relationship referred to in section 60(2) of the Corporations Act 2001.

OR

*I have, or have had within the preceding 24 months, the following relevant relationships referred to in section 60(2) of the Corporations Act 2001:

[Set out all relevant relationships]

The time-cost rates currently charged in respect of work done as *liquidator/ *provisional liquidator by me, and by my partners and employees who may perform work in this external administration, are set out below or in the Schedule attached to this Consent.  I acknowledge that my appointment by the Court does not constitute an express or implied approval by the Court of these rates.

Note

The remuneration that an external administrator is entitled to receive for necessary work properly performed by the external administrator in relation to the external administration of a company is regulated by Division 60 of the Insolvency Practice Schedule (Corporations).

Date:

Signature of registered liquidator

*Omit if not applicable.

Schedule

[description of time-cost rate(s)]

__________________".

34Form 16 amended

In Form 16 of the Principal Rules, before "administrator", where twice occurring, insert "external".

35Form 16A amended

In Form 16A of the Principal Rules—

(a)omit "and 9.4A";

(b)before "administrator" (wherever occurring) insert "external";

(c)for "*9.2A(4)/9.4A(4)" substitute "9.2A(4)".

36Form 19 amended

In Form 19 of the Principal Rules—

(a)for "an official" substitute "a registered";

(b)for "distribute" substitute "*administer/*realise/*distribute";

(c)for "The hourly" substitute "The time-cost";

(d)omit "hourly" (where secondly occurring);

(e)for "official" substitute "registered";

(f)for "hourly rate(s)" substitute "time cost rate(s)".

37Schedule 2 amended

(1)After item 12 of Schedule 2 to the Principal Rules insert—

"12A ss 415A, 415B Power to make orders in relation to proposals considered at a meeting of creditors.".

(2)In item 56 of Schedule 2 to the Principal Rules, in column 1, for "s. 473(7)" substitute "s. 473A(1)".

(3)In item 57 of Schedule 2 to the Principal Rules, in column 1, for "s. 473(8)" substitute "s. 473A(4)".

(4)In item 83 of Schedule 2 to the Principal Rules, in column 1, for "s. 509(6)" substitute "s. 509(2)".

(5)The following items of Schedule 2 to the Principal Rules are revoked—

(a)items 6, 7 and 8;

(b)item 32;

(c)items 36 and 37;

(d)items 54 and 55;

(e)item 74;

(f)items 78 and 79;

(g)item 85;

(h)items 92 and 93;

(i)items 117, 118, 119 and 120;

(j)item 132.

38New Schedule 2AA inserted

After Schedule 2 to the Principal Rules insert—

"SCHEDULE 2AA

Rule 16.1(1.1)

INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)

Item No.	Column 1 Provision of the Insolvency Practice Schedule (Corporations)	Column 2 Rule	Column 3 Description
1	section 20‑70(3)	Power to extend time to apply to ASIC for renewal of a liquidator's registration
2	section 40‑5(4)(b)	Power to give a direction to a liquidator to lodge a document or give any information or document
3	section 40‑10(4)(b)	Power to direct a liquidator: (a)  to confirm to ASIC that information is complete and correct; or (b) to complete or correct information; or (c)  to notify any persons specified by ASIC of any additional or corrected information
4	section 45‑1(1)	Power to make orders in relation to a registered liquidator
5	section 60‑10(1)(c) and (2)(b)	9.2	Power to determine an external administrator's remuneration
6	section 60‑11(3)	9.2A	Power to review a remuneration determination for an external administrator of a company
7	section 60‑16(1)	9.3	Power to determine a provisional liquidator's remuneration
8	section 65‑45	Power to give directions regarding the handling of money and securities by an external administrator
9	section 70‑35(3)(c)	Power to give directions in relation to destruction of the books of a company
10	section 70‑90	Power to order an external administrator to give relevant material to a person
11	section 75‑41(3)	Power to make orders in relation to proposals considered at a meeting of creditors
12	section 75‑42(4)	Power to order that a resolution passed at a meeting of creditors because of a casting vote be set aside or varied and make further orders or give further directions
13	section 75‑43(4)	Power to order that a resolution considered at a meeting of creditors is taken to have been passed and make further orders or give further directions
14	section 80‑50(2)	Power to approve a committee of inspection incurring expenses in obtaining advice or assistance
15	section 80‑55(5)(b)	Power to give leave for a member of committee of inspection to derive a profit or advantage
16	section 90‑5(1)	Power to inquire into the external administration of a company
17	sections 90‑5(2) and 90‑10(4)	Power to require an external administrator or former external administrator to give information, provide a report or produce a document
18	section 90‑15	7.2 and 11.8	Power to make orders in relation to the external administration of a company, including the following: (a)  determining a question or questions arising in the external administration; (b) that a person cease to be the external administrator; (c)  that another registered liquidator be appointed; (d) in relation to the costs of an action (including court action) taken by the external administrator or another person in relation to the external administration;
(e)  in relation to any loss that the company has sustained because of a breach of duty by the external administrator; (f)   in relation to remuneration, including requiring a person to repay to a company, or the creditors of a company, remuneration paid to the person as external administrator of the company
19	sections 90‑23(6) and (9)	Power to appoint a registered liquidator to carry out a review into a matter that relates to the external administration of a company and to specify the matters which the liquidator is appointed to review and the way in which the cost of carrying out the review is to be determined
20	section 90‑28	Power to make orders in relation to a review by a reviewing liquidator on the application of the reviewing liquidator, a person with a financial interest in the external administration of the company or an officer of the company
21	section 90‑35(6)	Power to order the reappointment of a former external administrator

".

39Schedule 2A amended

(1)Items 4, 5, 10 and 11 of Schedule 2A to the Principal Rules are revoked.

(2)For item 2 of Schedule 2A to the Principal Rules substitute—

"2	s. 247A	To order inspection of books.
2A	s. 247B	To make ancillary order about inspection of books.
2B	s. 425	To fix remuneration of receiver.
2C	s. 439A(6)	For extension of convening period.".

(3)After item 3 of Schedule 2A to the Principal Rules insert—

"3A	s. 447A(1) (where winding up order to be made by an Associate Judge)	To end administration of company.
3B	s. 459F(2)(a)	For order extending period for compliance with demand.
3C	s. 459G	For order on application to set aside a demand.".

(4)For item 12 of Schedule 2A to the Principal Rules substitute—

"12	s. 482(1)	To stay or terminate winding up.
12A	s. 484(2)(b)	To fix remuneration of a special manager.
12B	s. 532(2)	To grant leave for person to be appointed as liquidator.
12C	s. 583	To wind up Part 5.7 bodies (other than companies).".

(5)After item 24 of Schedule 2A to the Principal Rules insert—

"25	s. 601AH(2)	For reinstatement of the registration of a company.
26	s. 1322(4)	For order in relation to irregularities etc.
27	s. 1335	To order security for costs.
INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS AND RULE
28	s. 60‑10(1)(c), (2)(b) rule 9.2	Power to determine an external administrator's remuneration.
29	s. 60‑11(3) rule 9.2A	Power to review a remuneration determination for an external administrator of a company.
30	s. 60‑16(1) rule 9.3	Power to determine a provisional liquidator's remuneration.".

Dated:    17 May 2018

ANNE FERGUSON, C.J.

CHRISTOPHER MAXWELL, P.

PAMELA TATE, J.A.

R. S. OSBORN, J.A.

SIMON P. WHELAN, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

STEPHEN KAYE, J.A.

S. G. E. McLEISH, J.A.

KIM HARGRAVE, J.A.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

MICHAEL McDONALD, J.

RITA ZAMMIT, J.

P. J. RIORDAN, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MICHELLE QUIGLEY, J.

J. R. CHAMPION, J.

M. N. CONNOCK, J

MELINDA RICHARDS, J

═════════════

Endnotes

[1] Rule 4: S.R. No. 112/2013 as amended by S.R. Nos 48/2014, 10/2015, 30/2015, 40/2015, 140/2016 and 15/2017.