Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p5
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 5/34)
Character Range: 35763–38391

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 or external administration of a company
  An application to the Court:
 (a) under section 45‑1 of the Insolvency Practice Schedule (Corporations) for an order in relation to a registered liquidator; or
 (b) under section 90‑10 of that Schedule for an inquiry into the external administration of a company; or
 (c) under section 90‑20 of that Schedule for an order in relation to the external administration of a company;
must be made:
 (d) in the case of a winding up by the Court—by an interlocutory process seeking the inquiry or order; or
 (e) in any other case—by an originating process seeking the inquiry or order.
Note: An application for an order or inquiry in relation to the external administration of a company ordered to be wound up by a Court is normally made to the Court that made the winding up order.

Division 5—Winding up proceedings (including oppression proceedings where winding up is sought)

5.1  Application of Division 5
  This Division applies to the following applications for the winding up of a company:
 (a) an application for an order under Part 2F.1 of the Corporations Act;
 (b) an application under Part 5.4 or Part 5.4A of the Corporations Act.

5.2  Affidavit accompanying statutory demand (Corporations Act s 459E(3))—Form 7
  For the purposes of subsection 459E(3) of the Corporations Act, the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must:
 (a) be in accordance with Form 7 and state the matters mentioned in that Form; and
 (b) be made by the creditor or by a person with the authority of the creditor or creditors; and
 (c) not state a proceeding number, or refer to a Court proceeding, in any heading or title to the affidavit.

5.3  Application for leave to apply for winding up in insolvency (Corporations Act s 459P(2))
  An application for leave to apply to the Court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made.

5.4  Affidavit in support of application for winding up (Corporations Act s 459P, s 462, s 464)
 (1) The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs.
 (2) If the application is made in reliance on