Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p7
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 7/34)
Character Range: 40451–43123

person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 9.
Note: If a person applies under section 459P, 462 or 464 of the Corporations Act for a company to be wound up, the person must cause a notice, setting out the information prescribed by regulation 5.4.01A of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(1) of the Corporations Act.
 (2) A notice under subrule (1), or under paragraph 465A(1)(c) of the Corporations Act, of an application for a company to be wound up must be published:
 (a) at least 3 days after the originating process is served on the company; and
 (b) at least 7 days before the date fixed for the hearing of the application.

5.7  Applicant to make copies of documents available
  A copy of any document filed in a proceeding to which this Division applies must be available at the plaintiff's address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company.

5.8  Discontinuance of application for winding up
  An application for an order that a company be wound up may not be discontinued except with the leave of the Court.

5.9  Appearance before Registrar
  After filing an originating process seeking an order that a company be wound up, the plaintiff must, if required:
 (a) appear before the Registrar on a date to be appointed by the Registrar; and
 (b) satisfy the Registrar that the plaintiff has complied with the Corporations Act and these Rules in relation to applications for a winding up order.

5.10  Order substituting plaintiff in application for winding up (Corporations Act s 465B)—Form 10
 (1) If the Court makes an order under section 465B of the Corporations Act, the Court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up.
 (2) The notice must be in accordance with Form 10.
 (3) Unless otherwise directed by the Court, the notice must be published:
 (a) at least 7 days before the date fixed for the hearing of the application; and
 (b) in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business.

5.11  Notice of winding up order and appointment of