Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p21
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 21/34)
Character Range: 75775–78572

subrule (4), the special manager must serve a copy of the interlocutory process seeking the order:
 (a) on each creditor or contributory who has given a notice of objection; and
 (b) on the liquidator.
 (7) The affidavit in support of the interlocutory process seeking the order must:
 (a) state the nature of the work performed or likely to be performed by the special manager; and
 (b) state the amount of remuneration claimed; and
 (c) include a summary of the receipts taken and payments made by the special manager; and
 (d) state particulars of any objection of which the special manager has received notice; and
 (e) if the special management is continuing—give details of any matters delaying the completion of the special management.

Division 10—Winding up generally

10.1  Determination of value of debts or claims (Corporations Act s 554A(2))
  A reference to the Court by a liquidator of a company under paragraph 554A(2)(b) of the Corporations Act must be made:
 (a) in the case of a winding up by the Court—by filing an interlocutory process seeking an order estimating, or determining a method for working out, the value of the debt or claim; and
 (b) in the case of a voluntary winding up—by filing an originating process seeking an order estimating, or determining a method for working out, the value of the debt or claim.

10.2  Disclaimer of contract (Corporations Act s 568(1A))
 (1) The affidavit in support of an application by a liquidator, under subsection 568(1A) of the Corporations Act, for leave to disclaim a contract in relation to a company must:
 (a) specify the persons interested, and their interests, under the contract; and
 (b) state the facts on which it is submitted that the contract should be disclaimed.
 (2) The liquidator must serve the affidavit on each party to the contract (except the company) and on any person interested in the contract.

10.3  Winding up Part 5.7 bodies (Corporations Act s 583, s 585) and registered schemes (Corporations Act s 601ND)
  These Rules apply, with any necessary adaptations, and in the same way as they apply to a company, in relation to the winding up of a Part 5.7 body or a registered scheme.

Division 11—Inquiries, examinations, investigations, and orders against person concerned with corporation

11.1  Definition for Division 11
  In this Division:
examination summons means a summons under section 596A or 596B of the Corporations Act for the examination of a person about a corporation's examinable affairs.

11.2  Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations)
 (1) An application for an order for an examination or investigation under subsection 423(3)