Commonwealth Consolidated Regulations

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FEDERAL COURT (CORPORATIONS) RULES 2000 - RULE 2.8

Notice of certain applications to be given to ASIC

  (1)   This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC.

  (2)   This rule does not apply to a person making an application if the person is ASIC or a person authorised by ASIC.

  (3)   Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application.

 

Item

Provision

Description of application

1A

Section   423

To inquire into the conduct of a controller

1

Section   480

For the release of a liquidator of a company and the deregistration of the company

2

Subsection   482(1)

For the stay or termination of a winding up

3

subsection   509(2)

For the deregistration of a company

5

Subsection   601AH(2)

To reinstate the registration of a company

6

Subsection   601CC(8)

To restore the name of an Australian body to the register

7

Subsection   601CL(9)

To restore the name of a foreign company to the register

8

Chapter   6, 6A, 6B, 6C, 6D or 7

Any application under these Chapters

9

Subsections   1317S(2), (4) and (5)

For relief from liability for contravention of a civil penalty provision

10

subsection   45 - 1(3) of the Insolvency Practice Schedule (Corporations)

For an order under subsection   45 - 1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator

11

subsection   90 - 10(1) of the Insolvency Practice Schedule (Corporations)

For an inquiry into the external administration of a company

12

section   90 - 20 of the Insolvency Practice Schedule (Corporations)

For an order under section   90 - 15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company



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