Commonwealth Numbered Regulations

1993 No. 137 FEDERAL COURT RULES (AMENDMENT) - RULE 21

21.1 After rule 28, insert: Application for relief of controller from
liability-subsection 419A (7)

"28A. (1) An application under subsection 419A (7) of the Corporations Law
must be accompanied by an affidavit setting out the identity of persons to
whom the controller is or may be liable for rent or other payments in the
absence of an order relieving the controller from liability.

"(2) As soon as practicable after filing the application and affidavit, and in
any event not later than 7 days after the date of filing, the controller must
serve a copy of the application and affidavit on each of the persons
identified in the affidavit as a person to whom the controller is or may be
liable. Court's power to authorise managing controller to dispose of property
despite prior charge-section 420B

"28B. (1) An application under section 420B of the Corporations Law must be
accompanied by an affidavit setting out:

   (a)  the nature of the property that the controller seeks authority to
        dispose of; and

   (b)  a summary of the terms of the proposed sale or disposition; and

   (c)  the identity of the proposed purchaser or disponee; and

   (d)  the identity of the person who holds a prior charge over the property
        and the nature of that charge; and

   (e)  the steps taken by the managing controller to obtain the consent of
        the holder of the prior charge to the sale or disposal; and

   (f)  the identity of any other persons who, to the knowledge of the
        applicant, hold an interest in the property.

"(2) As soon as practicable after filing the application and affidavit, and in
any event not later than 7 days after the date of filing, the applicant must
serve a copy of the application and affidavit on:

   (a)  the person identified in that affidavit as the holder of the prior
        charge; and

   (b)  any other person identified in that affidavit as holding an interest
        in the property; and

   (c)  the company concerned. Receiver's power to carry on a corporation's
        business during a winding-up-section 420C

"28C. (1) As soon as practicable after filing an application under section
420c of the Corporations Law, and in any event not later than 7 days after the
date of filing, the applicant must serve a copy of the application on the
liquidator of the corporation.".