originating process means an originating process in accordance with Form 2; plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross-Border Insolvency Act, whether in the originating process or not; respondent means a person against whom interlocutory relief is claimed in a proceeding. 1.6 Reference to rules and forms r. 1.6 In these Rules, unless the contrary intention appears— (a) a reference to a Rule is a reference to a Rule in these Rules; and (b) a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules. 1.7 Substantial compliance with forms (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires. (2) Without limiting paragraph (1), the Prothonotary must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules. 1.8 Court's power to give directions The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that—
8. Chapter 6, 6A, 6B, 6C, 6D or 7 Any application under these Chapters 9. Sections 1317S(2), (4) and (5) For relief from liability for contravention of a civil penalty provision. 2.9 Notice of appearance (s. 465C of the Corporations Act)—Form 4 r. 2.9 (1) A person who intends to appear before the Court at the hearing of an application must, before appearing— (a) file— (i) a notice of appearance in accordance with Form 4; and (ii) if appropriate—an affidavit stating any facts on which the person intends to rely; and (b) serve on the plaintiff a copy of the notice of appearance and any affidavit not later than— (i) if the person is named in an originating process—3 days before the date fixed for hearing; or (ii) if the person is named in an interlocutory process—1 day before the date fixed for hearing. r. 2.9 (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the
7.3 Report to liquidator as to company's affairs (s. 475 of the Corporations Act) (1) If a person is required under section 475 of the Corporations Act to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report. (2) Except by order of the Court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been— (a) sanctioned by the liquidator before being incurred; or (b) taxed or assessed. (3) The liquidator must report to the Court any default in complying with the requirements of section 475 of the Corporations Act. (4) In this Rule— liquidator includes a provisional liquidator. 7.4 Liquidator to file certificate and copy of settled list of contributories (s. 478 of the Corporations Act) r. 7.4 If, in a winding up by the Court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator, within 14 days after doing so, must file the certificate and a copy of the list. 7.5 Release of liquidator and deregistration of company (ss 480(c) and (d) of the Corporations Act) (1) This Rule applies to an application by the liquidator of a company— (a) for an order that the liquidator be released; or (b) for an order that the liquidator be released and that the ASIC deregister the company.
intention to apply for the order, and a copy of any affidavit on which the administrator intends to rely, on the following persons— (a) each creditor who was present, in person or by proxy, at any meeting of creditors; (b) each member of any committee of creditors or committee of inspection; (c) if there is no committee of creditors or committee of inspection, and no meeting of creditors has been convened and held, each of the five largest (measured by amount of debt) creditors of the company; r. 9.2 (d) each member of the company whose shareholding represents at least 10 per cent of the issued capital of the company. (3) Within 21 days after the last service of the documents referred to in paragraph (2), any creditor or contributory may give to the administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (4) If the administrator does not receive a notice of objection within the period referred to in paragraph (3)— (a) the administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the order stating— (i) the date, or dates, when the notice and affidavit required to be served under paragraph (2) were served; and (ii) that the administrator has not received any notice of objection to the remuneration claimed within the period referred to in paragraph (3);
411(9)(b), 423 or 536(3) of the Corporations Act may be made by— (a) the ASIC; (b) a person authorised by the ASIC; (c) a creditor or contributory; or (d) any other person aggrieved by the conduct of— (i) a person appointed to administer a compromise or arrangement; (ii) a controller; or (iii) a liquidator or provisional liquidator. (2) The application may be made without notice to any person. (3) The provisions of this Order that apply to an examination under Division 1 of Part 5.9 of the Corporations Act apply, with any necessary adaptations, to an examination or an investigation under section 411(9)(b), 423 or 536(3) of the Corporations Act. 11.3 Application for examination summons (ss 596A, 596B of the Corporations Act)—Form 17 r. 11.3 (1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. (2) The application may be made without notice to any person. (3) The originating process, or interlocutory process, seeking the issue of the examination summons must be—
__________________ Rule 2.9 4 [Title] A. DETAILS OF PERSON INTENDING TO APPEAR Notice is given that [state full name and address], [briefly state your interest in the proceeding, e.g. a creditor for $ (amount), or a contributory, of the corporation] intends to appear before the Court at the hearing of the application to be heard at [name of Court and address] on [date] and, if applicable, to *oppose/*support the application. Note: Except with the leave of the Court, a defendant that is a corporation cannot appear at a hearing otherwise than by a legal practitioner. Sch. 1 B. GROUNDS OF OPPOSITION TO WINDING UP [Complete this section only if you are opposing an application to wind up a company] The grounds on which I oppose the application for winding up are— 1. 2. etc. C. SERVICE [This section must be completed] The address for service of the person giving this notice is [address of person's legal practitioner or of person]. ......................................................... Signature of person giving notice or of person's legal practitioner * Omit if not applicable. _______________ Rule 2.10 5
TAKE NOTICE that the application under the Cross-Border Insolvency Act 2008 for recognition of a foreign proceeding in relation to [name of company] commenced by the plaintiff, [name of plaintiff], on [date of filing of originating process] was dismissed*/discontinued* on [date of dismissal/discontinuance]. Sch. 1 Date: Name of person giving notice or of person's legal practitioner [name] *Omit if not applicable __________________ Rule 15A.9 23 IN THE [name of Court] No. of [year] [Name of company] ABN or ACN: [ABN or ACN of company to which proceeding relates] TO all the creditors of [name of company]. TAKE NOTICE that: *1. An application under the Cross-Border Insolvency Act 2008 for an order *modifying/*terminating an order for recognition of a foreign proceeding in relation to [name of company] was filed by the applicant, [name of applicant], on [date of filing of interlocutory process] and will be heard by at [address of Court] at *am/*pm on . Copies of documents filed may be obtained from the applicant's address for service. *1. An application under the Cross-Border Insolvency Act 2008 for an order *modifying/*terminating relief granted under *article 19/ *article 21 of the Model Law in relation to [name of company] was filed by the applicant, [name of applicant], on [date of filing of interlocutory process] and will be heard by at [address of Court] at *am/*pm on . Copies of documents filed may be obtained from the applicant's address for service. 2. The applicant's address for service is [name and address of applicant's legal practitioner or of applicant].