FEDERAL COURT RULES (AMENDMENT) 1991 NO. 70 FEDERAL COURT RULES (AMENDMENT) 1991 NO. 70 - TABLE OF PROVISIONS 1.. Commencement 2.. Amendment 3.. Order 71, rule 11 (Inquiry as to creditors) 4.. Order 71, rule 37 (Winding up of a company under section 460 or paragraph 461 (a)) 5.. Order 71, rule 38 (Filing of documents in support of an application under rules 36 and 37) 6.. Order 71, rule 66 (Taxation of costs of agents of and persons employed by liquidator) 7.. First Schedule (Forms) FEDERAL COURT RULES (AMENDMENT) 1991 No. 70 - REG 1. Commencement 1.1These Rules commence on 29 April 1991. FEDERAL COURT RULES (AMENDMENT) 1991 No. 70 - REG 2. Amendment 2.1The Federal Court Rules are amended as set out in these Rules. FEDERAL COURT RULES (AMENDMENT) 1991 No. 70 - REG 3. Order 71, rule 11 (Inquiry as to creditors) 3.1Subrule 11 (2): Omit "13 (4) to 13 (8)", substitute "14 (4) to 14 (8)". FEDERAL COURT RULES (AMENDMENT) 1991 No. 70 - REG 4. Order 71, rule 37 (Winding up of a company under section 460 or paragraph 461 (a)) 4.1Subparagraph 37 (2) (c) (ii): Omit "to the best of the knowledge, information and belief of the deponent". 4.2Paragraph 37 (3) (b): Omit the paragraph. 4.3Subrule 37 (4): After "the applicant", insert "(unless it is the company)". 4.4After subrule 37 (4), insert: "(4A) The application and affidavits served under subrule (4) must be accompanied by: (a) the nomination of an official liquidator in Form 88 signed by the Registrar; or (b) the written acknowledgement in Form 89 signed by the official liquidator nominated by the Registrar". FEDERAL COURT RULES (AMENDMENT) 1991 No. 70 - REG 5. Order 71, rule 38 (Filing of documents in support of an application under rules 36 and 37) 5.1Subrule 38 (1): Omit "and serve". 5.2Paragraphs 38 (1) (c), (d) and (e): Omit the paragraphs, substitute: "(c) if an application is within the scope of rule 37, an affidavit in Form 95: (i) stating that the respondent has not paid, secured or compounded for the debt to the reasonable satisfaction of the applicant; and (ii) sworn not earlier than 7 days before the date of the final hearing of the application.". 5.3Subrule 38 (2): Omit "and serve". FEDERAL COURT RULES (AMENDMENT) 1991 No. 70 - REG 6. Order 71, rule 66 (Taxation of costs of agents of and persons employed by liquidator) 6.1Omit the rule, substitute: Taxation of costs of agents of and persons who have provided services to a liquidator "66. (1) Where the costs, charges or expenses of a solicitor, special manager, auctioneer, broker or other person who has provided services to a liquidator appointed by the Court are incurred by that liquidator, the liquidator may request the person who provided the services to deliver to the liquidator a bill of that person's costs, charges or expenses for the purpose of taxation. "(2) A request under subrule (1) must be made in Form 117. "(3) A request by a liquidator that a bill of costs in taxable form be delivered must: (a) be made a reasonable time before the declaration of a dividend in the winding up; and (b) specify a time by which the bill should be delivered; and (c) allow a reasonable time for the person who provided the services to prepare the bill, having regard to the scope of those services. "(4) The person who provided the services must deliver a detailed bill in taxable form giving full particulars of his or her costs, charges or expenses to the liquidator within the time specified in the request by the liquidator. "(5) If the person required to deliver a bill in taxable form under subrule (1) does not deliver such a bill within the time specified in the notice under subrule (3), or within such extended time as the Court may allow: (a) the liquidator may disregard that person's claim in declaring and distributing a dividend in the winding up; and (b) that person's claim against the assets of the company for the costs, charges and expenses which were the subject of the request to deliver a bill will be forfeited, unless the Court orders to the contrary. "(6) A liquidator must file a bill delivered under subrule (4) with the Registrar for taxation. "(7) The taxing officer must appoint a time and place for taxation of a bill of costs, charges or expenses and give notice of that time and place to the liquidator. "(8) After receiving the notice referred to in subrule (7), the liquidator must give not less than 10 days' notice of the time and place for taxation to the person who provided the services to which the bill refers. "(9) On taxation of the bill of costs, charges or expenses, the taxing officer may require the liquidator and the party who provided the services to the liquidator to provide all documents and to give all information relevant to the fixing of proper charges for those services. "(10) Following taxation of the bill, the taxing officer must issue a certificate of taxation to the liquidator and to the person who provided the services to which the bill refers. "(11) Every taxation of costs, charges or expenses and every decision of a taxing officer under this rule is subject to review by a Judge. "(12) An application for review under subrule (11) of a decision of a taxing officer may be made by notice of motion in the winding up proceedings. "(13) On taxation, a liquidator or special manager who is remunerated for his or her services as liquidator or special manager in a winding up by the Court will not be allowed payment for the performance by any other person of duties which would ordinarily be performed by the liquidator or special manager. "(14) A liquidator who is a solicitor may contract that the remuneration for his or her services as liquidator includes all professional services. "(15) Order 62 of these Rules applies so far as it is capable of application and with such adaptations as may be necessary to the taxing of costs under this rule.". FEDERAL COURT RULES (AMENDMENT) 1991 No. 70 - REG 7. First Schedule (Forms) 7.1Omit Form 89, substitute: "FORM 89 ACKNOWLEDGEMENT BY LIQUIDATOR (OR CONSENT OF PROVISIONAL LIQUIDATOR) (OR CONSENT OF JOINT LIQUIDATOR) (Order 71, subrules 20 (5), 32 (5), 33 (5) 38 (1), 48 (2), 53 (5) and 65 (2)) (Heading in Form 75) I, (name of nominated liquidator/provisional liquidator/joint liquidator) of (address) am an Official Liquidator registered under section 1283 of the Corporations Law or deemed to be registered as an Official Liquidator under the Corporations Law. (In the case of appointment as a liquidator) I acknowledge that I have been nominated by the Registrar of the Federal Court of Australia to act, and I consent to act, as the liquidator of (specify name of company) (`the Company'). OR (In the case of appointment as a provisional liquidator or joint liquidator) If appointed by the Court, I consent to act as the provisional liquidator (or joint liquidator) of (specify name of company) (`the Company'). To the best of my knowledge, information and belief, neither I nor my firm has any conflict of interest which would make it improper for me to act as liquidator (OR provisional liquidator OR joint liquidator) of the Company. I undertake to notify the Court without delay if any conflict emerges. Date: e.g. 7 May 19 ........................................... Signature of liquidator Name of liquidator". ___________________________________________________________ 1. Notified in the Commonwealth of Australia Gazette on 26 April 1991. 2. Statutory Rules 1979 No. 140 as amended by 1980 No. 87; 1982 Nos. 217 and 408; 1983 No. 264; 1984 Nos. 9 and 258; 1985 Nos. 16, 97, 168 and 227; 1986 Nos. 61, 157 and 324; 1987 Nos. 73, 174 and 197; 1988 Nos. 14, 54, 144, 217 and 306; 1989 Nos. 50, 253 and 318; 1990 Nos. 72, 102, 276, 319, 414 and 453. FEDERAL COURT RULES (AMENDMENT) 1991 NO. 70 - NOTES Compilation Information WE, Judges of the Federal Court of Australia, hereby make the following Rules of Court under the Federal Court of Australia Act 1976. Dated 12 April 1991. M.E.J. BLACK C.J. C.A. SWEENEY .J. J.F. GALLOP J. J.D. DAVIES J. J.S. LOCKHART J. (L.S.) I.F. SHEPPARD J. T.R. MORLING J. K.J. JENKINSON J. A.R. NEAVES J. B.A. BEAUMONT J. M.R. WILCOX J. J.E.J. SPENDER J. P.R.A. GRAY J. C.W. PINCUS J. J.C.S. BURCHETT J. J.A. MILES J. D.M. RYAN J. W.M.C. GUMMOW J. R.S. FRENCH J. M.R. EINFELD J. M.L. FOSTER J. M.C. LEE J. H.W. OLNEY J. J.W. VON DOUSSA J. D.G. HILL J. M.F. O'LOUGHLIN J. D.F. O'CONNOR J. T.J. HIGGINS J. P.C. HEEREY J. Judges of the Federal Court of Australia J.T. HOWARD Registrar ____________ AMENDMENT OF THE FEDERAL COURT RULES2