Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p11
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 11/34)
Character Range: 50401–53097

or by suppression or by concealment of any material fact.
 (3) The supporting affidavit must include details of the following matters:
 (a) whether the whole of the company's property has been realised or whether so much of the company's property has been realised as, in the liquidator's opinion, can be realised without needlessly protracting the winding up;
 (b) any calls made on contributories in the course of the winding up;
 (c) any dividends paid in the course of the winding up;
 (d) whether the committee of inspection (if any) has passed a resolution approving the liquidator's release;
 (e) whether ASIC has caused books in relation to the company to be audited under section 70‑15 of the Insolvency Practice Schedule (Corporations);
 (f) whether the Court has ordered a report on the accounts of the liquidator to be prepared;
 (g) whether any objection to the release of the liquidator has been received by the liquidator from:
 (i) an auditor appointed by ASIC or by the Court; or
 (ii) any creditor, contributory or other interested person;
 (h) whether any report has been submitted by the liquidator to ASIC under section 533 of the Corporations Act;
 (i) whether the liquidator considers it necessary to report on the affairs of the company or any of its officers;
 (j) any property disclaimed in the course of the winding up;
 (k) any remuneration paid or payable to the liquidator and how such remuneration was determined;
 (l) any costs, charges or expenses payable by the liquidator if the Court grants the liquidator's release;
 (m) if the application is made under paragraph 480(c) of the Corporations Act—the facts and circumstances by reason of which it is submitted that the company should not be deregistered.
 (4) The liquidator must include in the supporting affidavit the statements set out in paragraphs (a) and (b) of this subrule, including, if appropriate, the words in brackets:
 (a) 'To the best of my belief, there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory [except as disclosed in this affidavit]';
 (b) 'I am not aware of any claim made by any person that there has been any such act or default [except as disclosed in this affidavit]'.
 (5) The liquidator must file with, or annex to, the supporting affidavit:
 (a) a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and
 (b) a summary of the liquidator's receipts and payments in winding up the company.
 (6)