Australian Capital Territory Numbered Regulations

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CORPORATIONS RULES 2001 (2001 NO 22) - REG 56

Inquiry into conduct of liquidator (the Act, s 536 (1),
s 536 (2))

    (1)     A complaint to the court under the Act, section 536 (1) (b) must be made—

        (a)     for a winding-up by the court—by an interlocutory process seeking an inquiry; and

        (b)     for a voluntary winding-up—by an originating process seeking an inquiry.

    (2)     A report to the court by the commission under the Act, section  536 (2) must be made—

        (a)     for a winding-up by the court—by filing—

              (i)     an interlocutory process seeking orders under the subsection; and

              (ii)     a written report in a sealed envelope that is marked with the title and number of the proceeding; and

        (b)     for a voluntary winding-up—by filing—

              (i)     an originating process seeking orders under the subsection; and

              (ii)     a written report in a sealed envelope that is marked with the title of the proceeding and provision for its number.

    (3)     The contents of a report filed under subrule (2) need not, at the time of filing, be verified by an affidavit.

    (4)     Except with the leave of the court, a report made under the Act, section 536 (2) is not available for inspection by anyone except the liquidator or the commission.

    (5)     In this rule:

"liquidator" includes a provisional liquidator.

Part 8     Special managers (the Act, part 5.4B)



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