Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p4
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 4/34)
Character Range: 33316–36020

holders were a separate class of members; and
 (b) the meeting were a meeting of members convened, held and conducted under subrule (2);
but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued.

3.4  Notice of hearing (Corporations Act s 411(4), s 413(1))—Form 6
 (1) This rule applies to:
 (a) an application, under subsection 411(4) of the Corporations Act, for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and
 (b) an application, under subsection 413(1) of the Corporations Act, for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies.
 (2) Unless the Court otherwise orders, the plaintiff must publish a notice of the hearing of the application:
 (a) for an application in relation to one Part 5.1 body—in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or
 (b) for an application in relation to 2 or more Part 5.1 bodies—in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business.
 (3) The notice must be:
 (a) in accordance with Form 6; and
 (b) published at least 5 days before the date fixed for the hearing of the application.

3.5  Copy of order approving compromise or arrangement to be lodged with ASIC
  If the Court makes an order under subsection 411(1), (1A) or (4), or 413(1) of the Corporations Act, the plaintiff must, as soon as practicable after the order is made:
 (a) have the order sealed; and
 (b) lodge an office copy of the order with ASIC; and
 (c) serve an office copy of the order on any person appointed to administer the compromise or arrangement.

Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration
Note: Division 11 deals with inquiries, examinations, investigations, and orders against a person concerned with a corporation.

4.1  Inquiry into the conduct of controller (Corporations Act s 423)
  A complaint to the Court under paragraph 423(1)(b) of the Corporations Act about an act or omission of a receiver, or a controller appointed by the Court, must be made by an originating process seeking an inquiry in relation to the complaint. The complaint may be made by a person mentioned in any of paragraphs 11.2(1)(a) to (d).
Note: Rule 11.2 is about inquiries, examinations, investigations, and orders against a person concerned with a corporation.

4.2  Order or inquiry in relation to registered liquidator