Commonwealth Consolidated Regulations

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FEDERAL COURT (CORPORATIONS) RULES 2000

- made under the Federal Court of Australia Act 1976

TABLE OF PROVISIONS

           Division 1--Preliminary

   1.1.    Citation  
   1.3.    Application of these Rules and other rules of the Court  
   1.4.    Expressions used in the Corporations Act  
   1.5.    Definitions for these Rules  
   1.6.    References to rules and forms  
   1.7.    Substantial compliance with forms  
   1.8.    Court's power to give directions  
   1.9.    Calculation of time  
   1.10.   Extension and abridgment of time  

           Division 2--Proceedings generally

   2.1.    Title of documents in a proceeding--Form 1  
   2.2.    Originating process and interlocutory process--Forms 2 and 3  
   2.3.    Fixing of hearing  
   2.4.    Supporting affidavits  
   2.4A.   Application for order setting aside statutory demand (Corporations Act s 459G)  
   2.5.    Affidavits made by creditors  
   2.6.    Form of affidavits  
   2.7.    Service of originating process or interlocutory process and supporting affidavit  
   2.8.    Notice of certain applications to be given to ASIC  
   2.9.    Notice of appearance (Corporations Act s 465C)--Form 4  
   2.10.   Intervention in proceeding by ASIC (Corporations Act s 1330)--Form 5  
   2.12.   Proof of publication  
   2.13.   Leave to creditor, contributory or officer to be heard  
   2.14.   Inquiry in relation to corporation's debts etc  
   2.15.   Meetings ordered by the Court  

           Division 3--Compromises and arrangements in relation to Part 5

   3.1.    Application of Division 3  
   3.2.    Nomination of chairperson for meeting  
   3.3.    Order for meetings to identify proposed scheme  
   3.4.    Notice of hearing (Corporations Act s 411 (4), s 413 (1))--Form 6  
   3.5.    Copy of order approving compromise or arrangement to be lodged with ASIC  

           Division 4--Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration

   4.1.    Inquiry into the conduct of controller (Corporations Act s 423)  
   4.2.    Order or inquiry in relation to registered liquidator or external administration of a company  

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

   5.1.    Application of Division 5  
   5.2.    Affidavit accompanying statutory demand (Corporations Act s 459E (3))--Form 7  
   5.3.    Application for leave to apply for winding up in insolvency (Corporations Act s 459P (2))  
   5.4.    Affidavit in support of application for winding up (Corporations Act s 459P, s 462, s 464)  
   5.5.    Consent of liquidator (Corporations Act s 532 (9))--Form 8  
   5.6.    Notice of application for winding up  
   5.7.    Applicant to make copies of documents available  
   5.8.    Discontinuance of application for winding up  
   5.9.    Appearance before Registrar  
   5.10.   Order substituting plaintiff in application for winding up (Corporations Act s 465B)--Form 10  
   5.11.   Notice of winding up order and appointment of liquidator  

           Division 6--Provisional liquidators (Corporations Act Part 5

   6.1.    Appointment of provisional liquidator (Corporations Act s 472)--Form 8  
   6.2.    Notice of appointment of provisional liquidator  

           Division 7--Liquidators

   7.2.    Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90-15)  
   7.3.    Report to liquidator as to company's affairs (Corporations Act s 475)  
   7.4.    Liquidator to file certificate and copy of settled list of contributories (Corporations Act s 478)  
   7.5.    Release of liquidator and deregistration of company (Corporations Act s 480 (c) and (d))  
   7.6.    Objection to release of liquidator--Form 13  
   7.7.    Report on accounts of liquidator (Corporations Act s 481)  
   7.8.    Application for payment of call (Corporations Act s 483 (3) (b))--Form 14  
   7.9.    Distribution of surplus by liquidator with special leave of the Court (Corporations Act s 488 (2))--Form 15  
   7.10.   Powers delegated to liquidator by the Court (Corporations Act s 488)  
   7.11.   Appointment of reviewing liquidator (Insolvency Practice Schedule (Corporations) s 90-23(8))  

           Division 8--Special managers (Corporations Act Part 5

   8.1.    Application for appointment of special manager (Corporations Act s 484)  
   8.2.    Security given by special manager (Corporations Act s 484)  
   8.3.    Special manager's receipts and payments (Corporations Act s 484)  

           Division 9--Remuneration of office-holders

   9.1.    Remuneration of receiver (Corporations Act s 425 (1))--Form 16  
   9.2.    Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60-10(1)(c) and (2)(b))--Form 16  
   9.2A.   Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60-11(1))  
   9.3.    Remuneration of provisional liquidator (Insolvency Practice Schedule (Corporations) s 60-16)--Form 16  
   9.5.    Remuneration of special manager (Corporations Act s 484 (2))--Form 16  

           Division 10--Winding up generally

   10.1.   Determination of value of debts or claims (Corporations Act s 554A (2))  
   10.2.   Disclaimer of contract (Corporations Act s 568 (1A))  
   10.3.   Winding up Part 5.7 bodies (Corporations Act s 583, s 585) and registered schemes (Corporations Act s 601ND)  

           Division 11--Inquiries, examinations, investigations, and orders against person concerned with corporation

   11.1.   Definition for Division 11  
   11.2.   Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations)  
   11.3.   Application for examination summons (Corporations Act s 596A, s 596B)--Form 17  
   11.4.   Service of examination summons  
   11.5.   Discharge of examination summons  
   11.6.   Filing of record of examination (Corporations Act s 597 (13))  
   11.7.   Authentication of transcript of examination (Corporations Act s 597 (14))  
   11.8.   Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations)  
   11.9.   Entitlement to record or transcript of examination held in public  
   11.10.  Default in relation to examination  
   11.11.  Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598)  

           Division 11A--Warrants (Corporations Act s 486B and Part 5

   11A.01. Arrest of person (Corporations Act s 486B)--Form 17A  

           Division 12--Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7)

   12.1.   Service on ASIC in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act  
   12.1A.  Reference to Court of question of law arising in proceeding before Takeovers Panel (Corporations Act s 659A)  
   12.1B.  Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B)  
   12.2.   Application for summons for appearance of person (Corporations Act s 1071D (4))--Form 18  
   12.3.   Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F)  

           Division 14--Appeals authorised by the Corporations Act

   14.1.   Appeals against acts, omissions or decisions  

           Division 15--Proceedings under the ASIC Act

   15.1.   Reference to Court of question of law arising at hearing of ASIC (ASIC Act s 61)  
   15.3.   Application for inquiry (ASIC Act s 70, s 201, s 219)  

           Division 15A--Proceedings under the Cross-Border Insolvency Act

   15A.1.  Application of this Division and other rules of the Court  
   15A.2.  Expressions used in the Cross-Border Insolvency Act  
   15A.3.  Application for recognition  
   15A.4.  Application for provisional relief under article 19 of the Model Law  
   15A.5.  Registered liquidator's consent to act  
   15A.6.  Notice of filing of application for recognition  
   15A.7.  Notice of order for recognition, withdrawal etc  
   15A.8.  Relief after recognition  
   15A.9.  Application to modify or terminate an order for recognition or other relief  

           Division 16--Powers of Registrars

   16.1.   Powers of Registrars  
   16.2.   Reference by Registrar  

           Division 17--Transitional provisions

   17.1.   Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017  
           SCHEDULE 1 Forms
           SCHEDULE 2 Powers of the Court that may be exercised by a Registrar
           SCHEDULE 3 Notes to these Rules


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