Commonwealth Numbered Regulations

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3. Order 52 (Interim administration of property)
  3.1   Division 1:
Omit the heading, substitute:

"Division 1-Interlocutory orders as to mandamus, injunctions, interim
preservation of property, etc".
  3.2   Division II:
Omit the Division, substitute:

"Division 2-Receivers Interpretation

"16. In this Division, 'Court' includes a Judge. Application for order

"17. (1) A party applying for an order for the appointment of a receiver must
move the Court for the order on notice, unless the matter is urgent, in which
case the Court may be moved ex parte. Address for service

"18. Not later than 7 days after appointment, a receiver must file a notice
that specifies the receiver's address for service. Security

"19. (1) If a receiver is appointed by the Court, the Court may give
directions to the receiver to file a security in accordance with this rule.

"(2) If the appointment of a receiver is directed by the Court, a person must
not be appointed under the direction until the person has filed a security in
accordance with this rule, unless the Court otherwise orders.

"(3) For the purposes of this rule, a security must be:

   (a)  approved by the Court; and

   (b)  given in respect of an undertaking by the receiver, or prospective
        receiver, in accordance with Form 60 in Schedule 1 that what is
        received as receiver will be:

        (i)    accounted for; and

        (ii)   dealt with as the Court may direct.

"(4) The Court may make orders for the vacation of a security filed under this
rule. Powers

"20. (1) A receiver appointed by the Court has the powers of a receiver and
manager, unless the Court otherwise orders.

"(2) The Court may authorise a receiver to do (in the receiver's name or in
the name of the parties or of a party and either generally or in a particular
instance) any act or thing that the parties or a party might do if of full age
and capacity.

"(3) Subrule (2) has effect whether or not a party is a minor or is otherwise

"(4) This rule does not affect the powers of the Court apart from this rule to
authorise a receiver to do any act or thing. Remuneration

"21. A receiver appointed under this rule is allowed the remuneration, if any,
fixed by the Court. Accounts

"22. (1) A receiver appointed under this rule must submit accounts to such
parties at such intervals or on such dates as the Court may direct.

"(2) A party to whom a receiver must submit accounts may, on giving reasonable
notice to the receiver, inspect, personally or by an agent, the documents or
things on which the accounts are based.

"(3) A party who objects to accounts of the receiver:

   (a)  may serve notice in writing on the receiver that:

        (i)    specifies the items to which objection is taken; and

        (ii)   requires the receiver to file in the Court within not less than
               14 days of the service of notice, a copy of the accounts; and

   (b)  if such notice is served-must file a copy of the notice in the Court.

"(4) A receiver on whom notice is served under subrule (3) must file in the
Court within the specified period a copy of the accounts.

"(5) The Court may examine the items to which objection is taken and, after

   (a)  must declare by order the result of the examination; and

   (b)  may make an order for the costs of a party or of the receiver. Default

"23. (1) If a receiver does not, in accordance with these Rules or under an
order or direction of the Court:

   (a)  file an account or other document that is required to be filed; or

   (b)  do a thing that is required to be done; the Court may make such orders
        and give such directions as the Court thinks fit, including an order
        or direction for:

   (c)  discharge of the receiver; or

   (d)  appointment of another receiver; or

   (e)  payment of costs.

"(2) If a receiver fails to comply with a requirement of these Rules or an
order or direction of the Court to pay into Court an amount shown by the
receiver's accounts to be due from the receiver, the Court may charge the
receiver interest on that amount:

   (a)  at the rate fixed from time to time for the purpose of section 54 of
        the Act under Order 42A of these Rules; or

   (b)  at such other rate as the Court determines to be just; in respect of
        the period of that failure.

"(3) This rule does not affect the Court's powers to enforce its orders or to
punish contempt of the Court. Account on death

"24. (1) If a receiver, being a natural person, dies, the Court may, on the
motion of a party, make such orders as the Court thinks fit for:

   (a)  filing and passing of accounts:

        (i)    by the representatives of the receiver; or

        (ii)   by any other person who has, or has had, possession or control
               of property the subject of the receivership; and

   (b)  payment into Court of any amount shown to be due; and

   (c)  delivery of property the subject of the receivership.

"(2) The Court must not make an order under subrule (1) unless notice of the
motion for the order has been served on the representatives of the receiver or
other person affected by the order.

"(3) A notice of motion under this rule may be served in a manner in which a
statement of claim may be served under these Rules.".
  3.3   Division 3: Omit the heading, substitute:

"Division 3-Liquidators, guardians and committees". 

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