New South Wales Consolidated Regulations

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SUPREME COURT (CORPORATIONS) RULES 1999

- Made under the Supreme Court Act 1970
- As at 8 July 2015
- Reg 703 of 1999

TABLE OF PROVISIONS

           Division 1 - Preliminary

   1.1.    Name of Rules
   1.2.    Commencement
   1.3.    Application of these Rules and other rules of the Court
   1.4.    Expressions used in the Corporations Act
   1.5.    Definitions for these Rules
   1.6.    References to rules and forms
   1.7.    Substantial compliance with forms
   1.8.    Court’s power to give directions
   1.9.    Calculation of time
   1.10.   Extension and abridgment of time

           Division 2 - Proceedings generally

   2.1.    Title of documents in a proceeding-Form 1
   2.2.    Originating process and interlocutory process-Forms 2 and 3
   2.3.    Fixing of hearing
   2.4.    Supporting affidavits
   2.4A.   Application for order setting aside statutory demand (Corporations Act s 459G)
   2.5.    Affidavits made by creditors
   2.6.    Form of affidavits
   2.7.    Service of originating process or interlocutory process and supporting affidavit
   2.8.    Notice of certain applications to be given to ASIC
   2.9.    Notice of appearance (Corporations Act s 465C)-Form 4
   2.10.   Intervention in proceeding by ASIC (Corporations Act s 1330)-Form 5
   2.11.   (Repealed)
   2.12.   Proof of publication
   2.13.   Leave to creditor, contributory or officer to be heard
   2.14.   Inquiry in relation to corporation’s debts etc
   2.15.   Meetings ordered by the Court

           Division 3 - Compromises and arrangements in relation to Part 5.1 bodies

   3.1.    Application of Division 3
   3.2.    Nomination of chairperson for meeting
   3.3.    Order for meetings to identify proposed scheme
   3.4.    Notice of hearing (Corporations Act s 411 (4), s 413 (1))-Form 6
   3.5.    Copy of order approving compromise or arrangement to be lodged with ASIC

           Division 4 - Receivers and other controllers of corporation property (Corporations Act Part 5.2)

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

           Division 5 - Winding up proceedings (including oppression proceedings where winding up is sought)

   5.1.    Application of Division 5
   5.2.    Affidavit accompanying statutory demand (Corporations Act s 459E (3))-Form 7
   5.3.    Application for leave to apply for winding up in insolvency (Corporations Act s 459P (2))
   5.4.    Affidavit in support of application for winding up (Corporations Act s 459P, s 462, s 464)
   5.5.    Consent of liquidator (Corporations Act s 532 (9))-Form 8
   5.6.    Notice of application for winding up-Form 9
   5.7.    Applicant to make copies of documents available
   5.8.    Discontinuance of application for winding up
   5.9.    Appearance before Registrar
   5.10.   Order substituting plaintiff in application for winding up (Corporations Act s 465B)-Form 10
   5.11.   Notice of winding up order and appointment of liquidator-Form 11

           Division 6 - Provisional liquidators (Corporations Act Part 5.4B)

   6.1.    Appointment of provisional liquidator (Corporations Act s 472)-Form 8
   6.2.    Notice of appointment of provisional liquidator-Form 12

           Division 7 - Liquidators

   7.1.    Resignation of liquidator (Corporations Act s 473 (1))
   7.2.    Filling vacancy in office of liquidator (Corporations Act s 473 (7), s 502)
   7.3.    Report to liquidator as to company’s affairs (Corporations Act s 475)
   7.4.    Liquidator to file certificate and copy of settled list of contributories (Corporations Act s 478)
   7.5.    Release of liquidator and deregistration of company (Corporations Act s 480 (c) and (d))
   7.6.    Objection to release of liquidator-Form 13
   7.7.    Report on accounts of liquidator (Corporations Act s 481)
   7.8.    Application for payment of call (Corporations Act s 483 (3) (b))-Form 14
   7.9.    Distribution of surplus by liquidator with special leave of the Court (Corporations Act s 488 (2))-Form 15
   7.10.   Powers delegated to liquidator by the Court (Corporations Act s 488)
   7.11.   Inquiry into conduct of liquidator (Corporations Act s 536 (1) and (2))

           Division 8 - Special managers (Corporations Act Part 5.4B)

   8.1.    Application for appointment of special manager (Corporations Act s 484)
   8.2.    Security given by special manager (Corporations Act s 484)
   8.3.    Special manager’s receipts and payments (Corporations Act s 484)

           Division 9 - Remuneration of office-holders

   9.1.    Remuneration of receiver (Corporations Act s 425 (1))-Form 16
   9.2.    Determination by Court of remuneration of administrator (Corporations Act s 449E (1) (c) and (1A) (c))-Form 16
   9.2A.   Review of remuneration of administrator (Corporations Act s 449E (2))
   9.3.    Remuneration of provisional liquidator (Corporations Act s 473 (2))-Form 16
   9.4.    Determination by Court of liquidator’s remuneration (Corporations Act s 473 (3) (b) (ii))
   9.4A.   Review of remuneration of liquidator (Corporations Act s 473 (5) and (6) and s 504 (1))
   9.5.    Remuneration of special manager (Corporations Act s 484 (2))-Form 16

           Division 10 - Winding up generally

   10.1.   Determination of value of debts or claims (Corporations Act s 554A (2))
   10.2.   Disclaimer of contract (Corporations Act s 568 (1A))
   10.3.   Winding up Part 5.7 bodies (Corporations Act s 583, s 585) and registered schemes (Corporations Act s 601ND)

           Division 11 - Examinations and orders (Corporations Act Part 5.9, Divisions 1 and 2)

   11.1.   Definition for Division 11
   11.2.   Application for examination or investigation under s 411 (9) (b), s 423 or s 536 (3) of the Corporations Act
   11.3.   Application for examination summons (Corporations Act s 596A, s 596B)-Form 17
   11.4.   Service of examination summons
   11.5.   Discharge of examination summons
   11.6.   Filing of record of examination (Corporations Act s 597 (13))
   11.7.   Authentication of transcript of examination (Corporations Act s 597 (14))
   11.8.   Inspection of record or transcript of examination or investigation under s 411, s 423 or s 536 of the Corporations Act
   11.9.   Entitlement to record or transcript of examination held in public
   11.10.  Default in relation to examination
   11.11.  Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598)

           Division 11A - Warrants (Corporations Act s 486B and Part 5.4B, Division 3, Subdivision B)

   11A.1.  Arrest of person (Corporations Act s 486B)-Form 17A

           Division 12 - Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and securities (Corporations Act Chapter 7)

   12.1.   Service on ASIC in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act
   12.1A.  Reference to Court of question of law arising in proceeding before Takeovers Panel (Corporations Act s 659A)
   12.1B.  Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B)
   12.2.   Application for summons for appearance of person (Corporations Act s 1071D (4))-Form 18
   12.3.   Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F)

           Division 13 - (Repealed)
           None

           Division 14 - Powers of Courts (Corporations Act Part 9.5)

   14.1.   Appeal from act, omission or decision of administrator, receiver or liquidator, etc (Corporations Act s 554A, s 1321)

           Division 15 - Proceedings under the ASIC Act

   15.1.   Reference to Court of question of law arising at hearing of ASIC (ASIC Act s 61)
   15.2.   (Repealed)
   15.3.   Application for inquiry (ASIC Act s 70, s 201, s 219)

           Division 15A - Proceedings under the Cross-Border Insolvency Act

   15A.1.  Application of this Division and other rules of the Court
   15A.2.  Expressions used in the Cross-Border Insolvency Act
   15A.3.  Application for recognition
   15A.4.  Application for provisional relief under article 19 of the Model Law
   15A.5.  Official liquidator’s consent to act
   15A.6.  Notice of filing of application for recognition
   15A.7.  Notice of order for recognition, withdrawal etc
   15A.8.  Relief after recognition
   15A.9.  Application to modify or terminate an order for recognition or other relief

           Division 16 - Appeals from Registrars

   16.1.   Appeal from registrar: winding up order

           Division 17 - Proceedings under the Federal Courts (State Jurisdiction) Act 1999

   17.1.   Form for initiating proceeding
           SCHEDULE 1
           SCHEDULE 2


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