Commonwealth Consolidated Regulations

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FEDERAL COURT (CORPORATIONS) RULES 2000 - RULE 6.2

Notice of appointment of provisional liquidator

  (1)   This rule applies if the Court orders that a registered liquidator be appointed as a provisional liquidator of a company.

  (2)   Not later than the day after the order is made, the plaintiff must:

  (a)   except if the plaintiff is ASIC--lodge an office copy of the order with ASIC; and

  (b)   serve an office copy of the order on the company (except if the plaintiff is the company) and on any other person as directed by the Court; and

  (c)   give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph   (b).

  (3)   If the order results from an application other than an application under section   459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice of the provisional liquidator's appointment to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The notice must be in accordance with Form 12.

Note:   If the order results from an application under section   459P, 462 or 464 of the Corporations Act, the provisional liquidator must cause a notice, setting out the information prescribed by regulation   5.4.01B of the Corporations Regulations, to be published in the manner provided by section   1367A of the Corporations Act and regulation   5.6.75 of the Corporations Regulations: see subsection   465A(2) of the Corporations Act.

  (4)   A notice under subrule (3), or under subsection   465A(2) of the Corporations Act, of a provisional liquidator's appointment must be published as soon as practicable after the relevant order is made.


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