Commonwealth Numbered Regulations

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FEDERAL COURT (CORPORATIONS) AMENDMENT (PUBLICATION OF NOTICES) RULES 2017 (F2017L00234) - SCHEDULE 1

   

Federal Court (Corporations) Rules 2000

1  Subrule 3.4(2)

Repeal the subrule, substitute:

             (2)  Unless the Court otherwise orders, the plaintiff must publish a notice of the hearing of the application:

                     (a)  for an application in relation to one Part 5.1 body--in a daily newspaper circulating generally in the State or Territory where the Part 5.1 body has its principal, or last known, place of business; or

                     (b)  for an application in relation to 2 or more Part 5.1 bodies--in a daily newspaper circulating generally in each State or Territory where any of the Part 5.1 bodies has its principal, or last known, place of business.

2  At the end of rule 5.6

Add:

             (3)  If the notice is of an application for an order under Part 2F.1 of the Corporations Act, the notice must 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.

Note:          A notice of an application for an order under Part 5.4 or 5.4A of the Corporations Act must be published in the prescribed manner: see sections 465A and 1367A of the Corporations Act.

3  Subrule 5.10(2)

Repeal the subrule, substitute:

             (2)  The notice must be in accordance with Form 10.

             (3)  Unless otherwise directed by the Court, the notice must be published:

                     (a)  at least 7 days before the date fixed for the hearing of the application; and

                     (b)  in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business.

4  At the end of subrule 5.11(3)

Add "in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business".

5  At the end of subrule 6.2(3)

Add "in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business".

6  Subrule 7.9(1)

After "a surplus", insert "in relation to a company".

7  At the end of subrule 7.9(2)

Add "in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business".



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