Commonwealth Consolidated Regulations

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FEDERAL COURT (CORPORATIONS) RULES 2000 - REG 7.11

Inquiry into conduct of liquidator (Corporations Act s 536 (1) and (2))

         (1)   A complaint to the Court under paragraph 536 (1) (b) of the Corporations Act 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 ASIC under subsection 536 (2) of the Corporations Act 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

               (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 is marked with the title of the 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 subsection 536 (2) of the Corporations Act is not available for inspection by any person except the liquidator or ASIC.

         (5)   In this rule:

"liquidator" includes a provisional liquidator.



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