Commonwealth Consolidated Regulations

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FEDERAL COURT (CORPORATIONS) RULES 2000 - RULE 3.2

Nomination of chairperson for meeting

    Before the hearing of an application under subsection   411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating:

  (a)   the names of the persons who have been nominated to be the chairperson and alternate chairperson of the meeting; and

  (b)   that each person nominated:

  (i)   is willing to act as chairperson; and

  (ii)   has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and

  (iii)   has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and

  (c)   the name of the person (if any) proposed to be appointed to administer the proposed compromise or arrangement; and

  (d)   that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit.


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