Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p41
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 41/43)
Character Range: 211094–213608

apply to the Court for an order for the immediate payment to the person of the amount of the person's share.
Rules 14.15–14.20 left blank

Division 14.3—Receivers

14.21  Application to appoint receiver
  A party may apply to the Court for an order:
 (a) appointing a receiver to have the powers of a receiver and manager; and
 (b) requiring the person appointed as receiver to file a guarantee; and
 (c) providing that the person's appointment does not take effect until the guarantee is filed.

14.22  Guarantee
  A guarantee mentioned in rule 14.21 must:
 (a) be in accordance with Form 30; and
 (b) be approved by the Court.
Note 1: The Court may order that any guarantee filed under this rule be discharged.
Note 2: A receiver must file a notice of address for service—see rule 11.05.

14.23  Powers
  A receiver may apply to the Court for authority to do any act or thing in a proceeding in the receiver's name or in the name of another party.

14.24  Remuneration
  A receiver may apply to the Court to have the Court fix the receiver's remuneration.

14.25  Accounts
 (1) A receiver must file accounts at the times ordered by the Court.
 (2) On the date on which the receiver files an account, the receiver must serve a copy of the account, endorsed with the time and the return date for the examination of the account, on:
 (a) each party who has an address for service in the proceeding; and
 (b) any interested person.
Note: A Registrar will fix a return date and a place for hearing on the account.
 (3) The receiver must attend the appointment for examination of an account.

14.26  Default
 (1) If a receiver fails to pay into Court an amount due by the receiver, a party or an interested person may apply to the Court for an order for:
 (a) the discharge of the receiver; and
 (b) the appointment of another person as receiver; and
 (c) the payment of costs.
 (2) If a receiver fails to pay into Court an amount due by the receiver, a party or an interested person may apply to the Court for an order that the receiver be charged interest on the unpaid amount.
 (3) For subrule (2) the rate of interest is the cash rate of interest set by the Reserve Bank of Australia from time to time during the period of the receiver's failure, plus 4%.
Note 1: Interested person is defined in the Dictionary.
Note 2: This rule is in addition to the Court's power to punish a person for contempt.

14.27  Death of receiver
 (1) If a receiver dies, a party or an interested person affected by the receiver's death