Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The convenor of a meeting must give notice in writing of the meeting to every person appearing on the company's books or otherwise to be:
(a) in the case of a meeting mentioned in subparagraph 5.6.11 (2) (a) (i) -- a member, creditor or contributory of the company; or
(b) in the case of a meeting mentioned in subparagraph 5.6.11 (2) (a) (ii) -- a member or creditor of the company; or
(c) in the case of a meeting mentioned in subparagraph 5.6.11 (2) (a) (iii) -- a member of the committee of inspection; or
(d) in the case of a meeting mentioned in subparagraph 5.6.11 (2) (a) (iv) -- a member of the committee of creditors; or
(e) in the case of a meeting mentioned in paragraph 5.6.11 (2) (b) -- a creditor of the company; or
(f) in the case of a meeting mentioned in subparagraph 5.6.11 (2) (a) (v) -- an eligible employee creditor; or
(g) in the case of a meeting mentioned in subparagraph 5.6.11 (2) (a) (vi) -- the creditors of a company in a group.
Note The effect of regulation 5.6.11A is that if a recipient has, in accordance with that provision, nominated electronic means to receive notices, the notifier may give or send the notice mentioned in this subregulation by the nominated electronic means.
(2) The notice must be given to a person:
(a) by delivering it personally; or
(b) by sending it to the person by prepaid post; or
(c) if the person has a facsimile transmission number to which notices may be sent to the person -- by faxing it to the person at that number; or
(d) if the person has a document exchange number to which notices may be sent to the person -- by lodging it with the exchange at, or for delivery to, the person's receiving facilities identified by that number.
(3) The notice must be given not less than 10 business days before the day of the meeting, except:
(a) in the case of a meeting of creditors under section 436E, 439A or 445F, or subsection 449C (4), of the Act; or
(b) as provided by subregulation (4) or (5).
(4) If a liquidator thinks it appropriate, he or she may convene a meeting of a committee of inspection by giving less than 10 business days' notice of the meeting in accordance with subregulations (1) and (2).
(5) If the administrator of a company under administration thinks it appropriate, he or she may convene a meeting of a committee of creditors or a meeting of eligible employee creditors by giving less than 10 business days' notice of the meeting in accordance with subregulations (1) and (2).
(6) The notice mentioned in subregulation (1) must be:
(a) if convening a meeting of creditors under subsection 496 (1) of the Act -- in accordance with Form 521; or
(b) if convening a meeting of creditors under section 436E of the Act -- in accordance with Form 529A; or
(c) in any other case -- in accordance with Form 529.
(7) A notice of a joint meeting of the creditors and members of a company must be sent to the creditors of the company at the same time as it is sent to the members of the company.
(8) A notice to a creditor must be sent by the person convening the meeting:
(a) to the address given by the creditor in his or her proof of debt or claim; or
(b) if the creditor has not lodged a proof, to the address given in the report on the affairs of the company; or
(c) to any other address known to the person.
(9) A notice of a meeting must be sent by the convenor of the meeting:
(a) to the address given in the company's books as the address of that person; or
(b) to any other address known to the person convening the meeting.