registered liquidator—see section 9; registered office—see section 9; statutory demand—see section 9. 1.5 Definitions for these Rules In these Rules, unless the contrary intention appears— applicant means a person claiming interlocutory relief in a proceeding; ASIC Act means the Australian Securities and Investments Commission Act 2001 of the Commonwealth; Corporations Act means the Corporations Act 2001 of the Commonwealth; Rule 1.5 def. of Corporations List Judge inserted by S.R. No. 48/2014 rule 23(1). Corporations List Judge means a Judge of the Court nominated by the Chief Justice as a Corporations List Judge; Corporations Regulations means the Corporations Regulations 2001 of the Commonwealth; Cross-Border Insolvency Act means the Insolvency Act 2008 of the Commonwealth, including, unless the contrary intention appears, the Model Law; defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross-Border Insolvency Act, whether in the originating process or not; interlocutory process means an interlocutory process in accordance with Form 3;
Model Law means the Model Law on Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross-Border Insolvency Act, with the modifications set out in Part 2 of that Act; Rule 1.5 def. of originating process amended by S.R. No. 48/2014 rule 23(2). originating process means an originating process in accordance with 2 or Form 2A; 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; Rule 1.5 def. of RedCrest inserted by S.R. No. 48/2014 rule 23(1), substituted by S.R. No. 15/2017 rule 22. RedCrest means the electronic filing and case management system in operation in the Court from time to time, other than the system for electronic filing to which Part 2 of Order 28 of Chapter I applies; Rule 1.5 def. of RedCrest Corporations List inserted by S.R. No. 48/2014 rule 23(1), substituted by S.R. No. 15/2017 rule 22. RedCrest Corporations List means the list of proceedings under these Rules which are to be managed by a Corporations List Judge; respondent means a person against whom interlocutory relief is claimed in a proceeding.
(2) The application may be made only after the remuneration has been determined under section 449E(1)(a) or (b) or (1A)(a) or (b) of the Corporations Act. (3) At least 21 days before filing the originating process, or the interlocutory process, applying for a review, the plaintiff or applicant must serve a notice of intention to apply for the review, in accordance with Form 16A, and a copy of any affidavit on which the plaintiff or applicant intends to rely (other than an affidavit required by paragraph (9)), on the following persons— (a) if there is a committee of creditors or a committee of inspection, each member of the committee; (b) if the remuneration of the administrator was determined by the creditors, each creditor who was present, in person or by proxy, at the meeting of creditors at which the remuneration was determined; (c) each member of the company whose shareholding represents at least 10 per cent of the issued capital of the company. (4) Within 21 days after the last service of the documents referred to in paragraph (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice— (a) stating the person's intention to appear at the hearing of the application for review; and (b) setting out the issues that the person seeks to raise before the Court. (5) A person referred to in paragraph (3) is entitled to be heard on the application for review, but only (unless the Court otherwise orders) if the person
(ii) that the special manager has not received any notice of objection to the remuneration claimed within the period mentioned in paragraph (4); (b) the special manager may endorse the interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the special manager; and (c) the application may be so dealt with. (6) If the special manager receives a notice of objection within the period mentioned in paragraph (4), the special manager must serve a copy of the interlocutory process seeking the order— (a) on each creditor or contributory who has given a notice of objection; and (b) on the liquidator. (7) The affidavit in support of the interlocutory process seeking the order must— (a) state the nature of the work performed or likely to be performed by the special manager; (b) state the amount of remuneration claimed; (c) include a summary of the receipts taken and payments made by the special manager; (d) state particulars of any objection of which the special manager has received notice; and (e) if the special management is continuing, give details of any matters delaying the completion of the special management. __________________
Unless the Court otherwise orders— (a) this Order applies to a proceeding in the Court under the Cross-Border Insolvency Act involving a debtor other than an individual; and (b) the rules in the other Orders of these Rules, and the other rules of the Court, apply to a proceeding in the Court under the Insolvency Act if they are relevant and not inconsistent with this Order. Note See Rule 1.5 for definitions of Cross-Border Insolvency Act and Model Law. 15A.2 Expressions used in the Cross-Border Insolvency Act (1) Unless the contrary intention appears, an expression that is used in this Order and in the Cross-Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross-Border Insolvency Act, has the same meaning in this Order as it has in the Insolvency Act. Note The following expressions used in this Order (including in the notes to this Order) are defined in the Model Law as having the following meanings— establishment means any place of operations where the debtor carries out a non-transitory economic activity with human means and goods or services; foreign court means a judicial or other authority competent to control or supervise a foreign proceeding; foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests; foreign non-main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment;
Date of Making: 28.5.15 Date of Commencement: Rule 13 on 1.7.15: rule 3 Supreme Court (Chapter V Publication of Notices Amendment) Rules 2016, S.R. No. 140/2016 Date of Making: 24.11.16 Date of Commencement: 1.1.17: rule 3 Supreme Court (E-Filing Amendments) Rules 2017, S.R. No. 15/2017 Date of Making: 30.3.17 Date of Commencement: Rules 22, 23 on 18.4.17: rule 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details