New South Wales Consolidated Regulations

SUPREME COURT (CORPORATIONS) RULES 1999 - REG 7.11

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.