Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p52
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 52/60)
Character Range: 312289–314846

creditor would have been entitled to receive if his or her debt or claim had been originally admitted for the reduced amount.
 (5) If the liquidator:
 (a) revokes a decision to reject all of a proof of debt or claim; or
 (b) amends a decision to admit part of a proof of debt or claim;
by increasing the amount of the admitted debt or claim, the creditor by whom it was lodged is entitled to be paid, out of available money for the time being in the hands of the liquidator:
 (c) the dividend; or
 (d) an additional amount of dividend;
that the creditor would have been entitled to receive if all of the debt or claim had been originally admitted, or the increased amount had been admitted, before the available money is applied to pay a further dividend.
 (6) The creditor is not entitled to disturb the distribution of any dividends declared before the liquidator revoked or amended the decision.

5.6.56  Withdrawal or variation of proof of debt or claim
  A proof of debt or claim may be withdrawn, reduced or varied by a creditor with the consent of the liquidator.

5.6.57  Oaths
  The liquidator in a winding up by the Court may:
 (a) administer an affirmation or oath; and
 (b) take an affidavit;
for the purposes of the liquidator's duties in relation to admitting a debt or claim.

5.6.58  Liquidator to make out provisional list of contributories
  If the liquidator of a company considers it necessary to make calls on or adjust the rights of contributories, the liquidator must, as soon as practicable, make out a provisional list of contributories in accordance with Form 538.

5.6.59  Time and place for settlement of list
 (1) The liquidator must give to each person included in the list not less than 14 days' notice in writing, in accordance with Form 539, of the time and place appointed to settle the list.
 (2) The liquidator or a person acting on his or her behalf must lodge a statement in writing in the prescribed form that notice under subregulation (1) was given to each person included in the provisional list of contributories.
Note: Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a) if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b) if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
 On 23 December 2004, a form for the document mentioned in subregulation (2) is not prescribed in these Regulations.
 (3) A statement under