FEDERAL COURT (CORPORATIONS) RULES 2000 - RULE 5.11 Notice of winding up order and appointment of liquidator

FEDERAL COURT (CORPORATIONS) RULES 2000 - RULE 5.11

  (1)   This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company.

  (2)   Not later than the day after the order is made, the plaintiff must inform the liquidator of the appointment.

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

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

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

  (5)   In this rule:

"liquidator" does not include a provisional liquidator.

Note:   See also rule   7.3 (report to provisional liquidator as to company's affairs under section   475 of the Corporations Act).