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UNIFORM CIVIL PROCEDURE RULES 1999 - SCHEDULE 1B

UNIFORM CIVIL PROCEDURE RULES 1999 - SCHEDULE 1B

SCHEDULE 1B – Powers of the court that may be exercised by a registrar

Part 1 - Corporations Act or rules in sch 1A

Column 1

Provision of the Corporations Act
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Provision of the rules in schedule 1A
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Description (for information only)
rule 1.8 power to give directions
rule 2.8 power to order that notice of certain applications need not be given to ASIC
rule 2.12 power to excuse compliance with rule 2.12
rule 2.13 power to grant leave to creditor, contributory, officer or interested person to be heard in proceeding or be added as a respondent, etc.
rule 2.14 power to direct an inquiry in relation to a corporation’s debts, etc.
section 164 power to make an order with respect to change of status of company
section 227 power to declare that conditions prescribed by part 2E .1, division 3 have been satisfied
sections 247A and 247B power to order inspection of books
section 252E power to order meeting of members of registered scheme
section 254E power to make an order validating purported issue of shares
section 283AE (2) (a) power to appoint body corporate as trustee for debenture holders
section 283EC power to make an order for meeting of debenture holders to direct trustee
section 283HA power to give directions or determine any questions on application of trustee for debenture holders
section 283HB (1) power to make an order in relation to borrowing corporations
section 283HB (1) (c) power to order security for debentures to be enforceable
section 411 rules 3.3 and 3 . 4 power to make an order in relation to administration of compromise or arrangement etc.
sections 415A and 415B power to make orders in relation to proposals considered at a meeting of creditors
section 418A power to make declaration as to validity of controller’s appointment and in relation to control of property
section 419 power to make an order relieving person who incurs liability in belief that properly appointed as a receiver
section 419A power to relieve controller from liability
section 420B power to authorise managing controller to dispose of property despite prior charge
section 420C power to authorise receiver to carry on corporation’s business during the winding up
section 423 power to inquire into conduct of controller
section 424 power to give directions in relation to controller’s functions and powers
section 425 rule 9.1 power to fix amount of remuneration of a receiver
section 429 (3) power to extend time for report
section 434B power to remove redundant controller
section 438D power to direct administrator to lodge a report
section 439A (6) power to extend the convening period fixed by section 439A (5)
section 440B power to grant leave to enforce a security interest if an administrator has been appointed
section 440D power to grant leave to begin or proceed with a proceeding in a court against a company that is in administration, or in relation to any of its property
section 440F power to grant leave to begin or proceed with enforcement process in relation to the property of a company
section 440G (7) power to authorise a court officer to take action or to make a payment that would otherwise be prohibited
section 440J power to grant leave to take enforcement action under a guarantee
section 441D power to limit powers of chargee in relation to charged property
section 441H power to limit powers of receiver etc. in relation to property used by company
section 442C power to grant leave to administrator to dispose of encumbered property
section 443B (8) power to grant relief of administrator from personal liability for rent
section 444B (2) power to extend time for execution of deed of company arrangement
section 444C (2) power to grant leave to act inconsistently with deed of company arrangement
section 444E (3) power to grant leave to person bound by deed of company arrangement to begin or proceed with enforcement process in relation to property of company
section 444F power to order secured creditor or owner or lessor of property not to take certain actions
section 445B power to make an order cancelling a variation of a deed of company arrangement
section 445D power to make an order terminating a deed of company arrangement
section 445G power to void or validate a deed of company arrangement
section 447A power to make an order to bring an administration to an end
section 447B power to make an order to protect interests of company’s creditors during an administration
section 447C power to declare whether administrator is validly appointed
section 449C power to make an order in respect of vacancy in office of administrator
sections 459A , 459B (other than in respect of an application under part 2F.1 ), 459C , 459D , 459P , 459R , 459S , 459T , 461 , 462 , 464 , 465B , 465C , 466 , 467 , 467A and 467B (other than in respect of an application under part 2F.1 ) part 5 power to make orders in relation to winding up applications
sections 459F , 459H , 459J , 459L , 459M and 459N power to make an order in relation to statutory demands
section 468 power in relation to validation of disposition of property
section 468A power in relation to authorisation of the transfer of shares
section 470 (2) (b) power to direct service of copy of order on another person
section 472 rule 6.1 power to appoint registered liquidator or provisional liquidator
section 473A (1) rule 7.2 power to fill vacancy in office of registered liquidator
section 473A (4) power to declare what may be done by liquidator, if more than 1 liquidator is appointed by the court
section 474 (2) power to order that property vest in liquidator
section 475 (8) rule 7.3 power to grant leave for payment of costs and expenses incurred in preparing report under section 475
section 480 rule 7.5 power to release liquidator and deregister company
section 481 rule 7.7 power to order preparation of report on accounts of liquidator
section 482 power to make an order—
(a) to stay the winding up of a company either indefinitely or for a limited time; or
(b) to terminate the winding up of a company on a day specified in the order
section 483 (1) power to require payment of money or transfer of property
section 483 (2) power to order payment of money
section 483 (3) power to order payment of a call
section 483 (4) power to order payment of amount due into a bank named in the order
section 484 rule 8.2 power to appoint special manager
section 486 power to make an order for inspection of books by creditors or contributories
section 488 (2) power to grant leave to distribute a surplus
section 490 power to grant leave to company to wind up voluntarily
section 495 (4) power to make an order in relation to conduct of meeting in course of members’ voluntary winding up
section 497 (3) power to order that list of creditors be sent to creditors in creditors’ voluntary winding up
section 500 power to make an order as to execution and civil proceedings
section 507 (6) power to sanction resolution to accept shares as consideration for sale of property of company
section 507 (9) power to give directions necessary for arbitration
section 507 (10) power to approve liquidator’s exercise of powers in creditors’ voluntary winding up
section 509 (2) power to order ASIC to deregister company on specified day
section 510 (3) power to settle dispute as to value of security interest or amount of debt or set-off
section 532 (2) power to grant leave for person to be appointed as liquidator
section 543 (1) power to make an order as to the investment of surplus funds
section 544 (2) power to order account of funds in hands of liquidator, audit or payment of money by liquidator
section 545 power to direct liquidator to incur particular expense
section 554A rule 14.1 power to estimate or determine value of debts and claims of uncertain value in liquidation
section 554G power to grant leave to secured creditor to amend valuation of security interest in proof of debt
section 564 power to make an order in favour of creditors who give company indemnity for costs of litigation
sections 568 , 568B , 568E and 568F power to make an order in relation to disclaimer of onerous property
sections 583 and 585 rule 10.3 power in relation to winding up Part 5.7 bodies
section 587 power to stay or restrain proceeding
sections 596A , 596B , 596F , 597 (5A) to (17) , 597A and 597B rules 11.3 and 11 . 6 power to make an order in relation to examinations
section 601AH (2) power to order reinstatement of registration of a company
section 601AH (3) power to—
(a) validate anything done between deregistration of a company and its reinstatement; or
(b) make any other order the court considers appropriate
section 601BJ (2) power to approve modification in constituent documents of registered company
section 601CC (9) power to order restoration of name of registered Australian body to the register
section 601CL (10) power to order restoration of name of registered foreign company to the register
section 1071D rule 12.2 power to make an order in relation to a person summoned
section 1071F power to make an order in relation to a company’s refusal to register a share transfer
section 1071H (6) power to make an order to remedy default in issuing certificate etc.
section 1274 power to make an order if failure to lodge, amend etc. a document
section 1303 power to order that books be available for inspection
section 1319 power to give directions with respect to meetings
section 1322 power to make an order in relation to irregularities
section 1325D power to make an order if contravention of a provision of chapter 6 , 6A , 6B or 6C due to inadvertence
section 1335 power to make an order as to costs

Part 1A - Insolvency Practice Schedule (Corporations) or rules in sch 1A

Column 1

Provision of the Insolvency Practice Schedule (Corporations)
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Provision of the rules in schedule 1A
Column 3

Description (for information only)
section 20- 70 (3) power to extend time to apply to ASIC for renewal of a liquidator’s registration
section 40- 5 (4) (b) power to give a direction to a liquidator to lodge a document or give any information or document
section 40- 10 (4) (b) power to direct a liquidator—
(a) to confirm to ASIC that information is complete and correct; or
(b) to complete or correct information; or
(c) to notify any persons specified by ASIC of any additional or corrected information
section 45- 1 (1) power to make orders in relation to a registered liquidator
section 60- 10 (1) (c) and (2) (b) rule 9.2 power to determine an external administrator’s remuneration
section 60- 11 (3) rule 9.2A power to review a remuneration determination for an external administrator of a company
section 60- 16 (1) rule 9.3 power to determine a provisional liquidator’s remuneration
section 65-45 power to give directions regarding the handling of money and securities by an external administrator
section 70- 35 (3) (c) power to give directions in relation to destruction of the books of a company
section 70- 90 power to order an external administrator to give relevant material to a person
section 75- 41 (3) power to make orders in relation to proposals considered at a meeting of creditors
section 75-42 (4) power to order that a resolution passed at a meeting of creditors because of a casting vote be set aside or varied and make further orders or give further directions
section 75-43 (4) power to order that a resolution considered at a meeting of creditors is taken to have been passed and make further orders or give further directions
section 80- 50 (2) power to approve a committee of inspection incurring expenses in obtaining advice or assistance
section 80- 55 (5) (b) power to give leave for a member of a committee of inspection to derive a profit or advantage
section 90- 5 (1) power to inquire into the external administration of a company
sections 90- 5 (2) and 90- 10 (4) power to require an external administrator or former external administrator to give information, provide a report or produce a document
section 90- 15 rules 7.2 and 11 . 8 power to make orders in relation to the external administration of a company, including the following—
(a) determining a question arising in the external administration;
(b) that a person cease to be the external administrator;
(c) that another registered liquidator be appointed as the external administrator;
(d) in relation to the costs of an action (including court action) taken by the external administrator or another person in relation to the external administration;
(e) in relation to any loss the company has sustained because of a breach of duty by the external administrator;
(f) in relation to remuneration, including requiring a person to repay to a company, or the creditors of a company, remuneration paid to the person as external administrator of the company
section 90- 23 (6) and (9) power to appoint a registered liquidator to carry out a review into a matter that relates to the external administration of a company and to specify the matters the liquidator is appointed to review and the way the cost of carrying out the review is to be determined
section 90- 28 power to make orders in relation to a review by a reviewing liquidator on the application of the reviewing liquidator, a person with a financial interest in the external administration of the company or an officer of the company
section 90- 35 (6) power to order the reappointment of a former external administrator

Part 2 - ASIC Act or rules in sch 1A

Column 1

Provision of the ASIC Act
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Provision of the rules in schedule 1A
Column 3

Description (for information only)
section 79 (4) power to extend period to give notice of intention to have statements made at examination admitted