Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p8
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 8/34)
Character Range: 42886–45669

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 liquidator
 (1) This rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company.
 (2) Not later than the day after the order is made, the plaintiff must inform the liquidator of the appointment.
 (3) If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator's appointment 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 11.
Note: If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B 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(2) of the Corporations Act.
 (4) A notice under subrule (3), or under subsection 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment.
 (5) In this rule:
liquidator does not include a provisional liquidator.

Division 6—Provisional liquidators (Corporations Act Part 5.4B)
Note: See also rule 7.3 (report to provisional liquidator as to company's affairs under section 475 of the Corporations Act).

6.1  Appointment of provisional liquidator (Corporations Act s 472)—Form 8
 (1) An application for a registered liquidator to be appointed, under subsection 472(2) of the Corporations Act, as a provisional liquidator of a company must be accompanied by the written consent of the registered liquidator.
 (2) The consent must be in accordance with Form 8.
 (3) If:
 (a) an order is made appointing a provisional liquidator; and
 (b) the order provides that the provisional liquidator may take into the provisional liquidator's custody part only of the property of the company;
the order must include a short description of the part of the property of the company that the provisional liquidator may take into custody.
 (4) The Court may require the plaintiff to give an undertaking as to damages.

6.2  Notice of appointment of provisional liquidator
 (1) This rule applies if the Court orders that a registered liquidator be appointed as a provisional