Column 1 Provision of the Corporations Act | Column 2 Provision of the rules in schedule 1A | Column 3 Description (for information only) | |
rule 1.8 | power to give directions | ||
rule 2.8 | power to order that notice of certain applications need not be given to ASIC | ||
rule 2.12 | power to excuse compliance with rule 2.12 | ||
rule 2.13 | power to grant leave to creditor, contributory, officer or interested person to be heard in proceeding or be added as a respondent, etc. | ||
rule 2.14 | power to direct an inquiry in relation to a corporation’s debts, etc. | ||
section 164 | power to make an order with respect to change of status of company | ||
section 227 | power to declare that conditions prescribed by part 2E .1, division 3 have been satisfied | ||
sections 247A and 247B | power to order inspection of books | ||
section 252E | power to order meeting of members of registered scheme | ||
section 254E | power to make an order validating purported issue of shares | ||
section 283AE (2) (a) | power to appoint body corporate as trustee for debenture holders | ||
section 283EC | power to make an order for meeting of debenture holders to direct trustee | ||
section 283HA | power to give directions or determine any questions on application of trustee for debenture holders | ||
section 283HB (1) | power to make an order in relation to borrowing corporations | ||
section 283HB (1) (c) | power to order security for debentures to be enforceable | ||
section 411 | rules 3.3 and 3 . 4 | power to make an order in relation to administration of compromise or arrangement etc. | |
sections 415A and 415B | power to make orders in relation to proposals considered at a meeting of creditors | ||
section 418A | power to make declaration as to validity of controller’s appointment and in relation to control of property | ||
section 419 | power to make an order relieving person who incurs liability in belief that properly appointed as a receiver | ||
section 419A | power to relieve controller from liability | ||
section 420B | power to authorise managing controller to dispose of property despite prior charge | ||
section 420C | power to authorise receiver to carry on corporation’s business during the winding up | ||
section 423 | power to inquire into conduct of controller | ||
section 424 | power to give directions in relation to controller’s functions and powers | ||
section 425 | rule 9.1 | power to fix amount of remuneration of a receiver | |
section 429 (3) | power to extend time for report | ||
section 434B | power to remove redundant controller | ||
section 438D | power to direct administrator to lodge a report | ||
section 439A (6) | power to extend the convening period fixed by section 439A (5) | ||
section 440B | power to grant leave to enforce a security interest if an administrator has been appointed | ||
section 440D | power to grant leave to begin or proceed with a proceeding in a court against a company that is in administration, or in relation to any of its property | ||
section 440F | power to grant leave to begin or proceed with enforcement process in relation to the property of a company | ||
section 440G (7) | power to authorise a court officer to take action or to make a payment that would otherwise be prohibited | ||
section 440J | power to grant leave to take enforcement action under a guarantee | ||
section 441D | power to limit powers of chargee in relation to charged property | ||
section 441H | power to limit powers of receiver etc. in relation to property used by company | ||
section 442C | power to grant leave to administrator to dispose of encumbered property | ||
section 443B (8) | power to grant relief of administrator from personal liability for rent | ||
section 444B (2) | power to extend time for execution of deed of company arrangement | ||
section 444C (2) | power to grant leave to act inconsistently with deed of company arrangement | ||
section 444E (3) | power to grant leave to person bound by deed of company arrangement to begin or proceed with enforcement process in relation to property of company | ||
section 444F | power to order secured creditor or owner or lessor of property not to take certain actions | ||
section 445B | power to make an order cancelling a variation of a deed of company arrangement | ||
section 445D | power to make an order terminating a deed of company arrangement | ||
section 445G | power to void or validate a deed of company arrangement | ||
section 447A | power to make an order to bring an administration to an end | ||
section 447B | power to make an order to protect interests of company’s creditors during an administration | ||
section 447C | power to declare whether administrator is validly appointed | ||
section 449C | power to make an order in respect of vacancy in office of administrator | ||
sections 459A , 459B (other than in respect of an application under part 2F.1 ), 459C , 459D , 459P , 459R , 459S , 459T , 461 , 462 , 464 , 465B , 465C , 466 , 467 , 467A and 467B (other than in respect of an application under part 2F.1 ) | part 5 | power to make orders in relation to winding up applications | |
sections 459F , 459H , 459J , 459L , 459M and 459N | power to make an order in relation to statutory demands | ||
section 468 | power in relation to validation of disposition of property | ||
section 468A | power in relation to authorisation of the transfer of shares | ||
section 470 (2) (b) | power to direct service of copy of order on another person | ||
section 472 | rule 6.1 | power to appoint registered liquidator or provisional liquidator | |
section 473A (1) | rule 7.2 | power to fill vacancy in office of registered liquidator | |
section 473A (4) | power to declare what may be done by liquidator, if more than 1 liquidator is appointed by the court | ||
section 474 (2) | power to order that property vest in liquidator | ||
section 475 (8) | rule 7.3 | power to grant leave for payment of costs and expenses incurred in preparing report under section 475 | |
section 480 | rule 7.5 | power to release liquidator and deregister company | |
section 481 | rule 7.7 | power to order preparation of report on accounts of liquidator | |
section 482 | power to make an order— | ||
(a) to stay the winding up of a company either indefinitely or for a limited time; or | |||
(b) to terminate the winding up of a company on a day specified in the order | |||
section 483 (1) | power to require payment of money or transfer of property | ||
section 483 (2) | power to order payment of money | ||
section 483 (3) | power to order payment of a call | ||
section 483 (4) | power to order payment of amount due into a bank named in the order | ||
section 484 | rule 8.2 | power to appoint special manager | |
section 486 | power to make an order for inspection of books by creditors or contributories | ||
section 488 (2) | power to grant leave to distribute a surplus | ||
section 490 | power to grant leave to company to wind up voluntarily | ||
section 495 (4) | power to make an order in relation to conduct of meeting in course of members’ voluntary winding up | ||
section 497 (3) | power to order that list of creditors be sent to creditors in creditors’ voluntary winding up | ||
section 500 | power to make an order as to execution and civil proceedings | ||
section 507 (6) | power to sanction resolution to accept shares as consideration for sale of property of company | ||
section 507 (9) | power to give directions necessary for arbitration | ||
section 507 (10) | power to approve liquidator’s exercise of powers in creditors’ voluntary winding up | ||
section 509 (2) | power to order ASIC to deregister company on specified day | ||
section 510 (3) | power to settle dispute as to value of security interest or amount of debt or set-off | ||
section 532 (2) | power to grant leave for person to be appointed as liquidator | ||
section 543 (1) | power to make an order as to the investment of surplus funds | ||
section 544 (2) | power to order account of funds in hands of liquidator, audit or payment of money by liquidator | ||
section 545 | power to direct liquidator to incur particular expense | ||
section 554A | rule 14.1 | power to estimate or determine value of debts and claims of uncertain value in liquidation | |
section 554G | power to grant leave to secured creditor to amend valuation of security interest in proof of debt | ||
section 564 | power to make an order in favour of creditors who give company indemnity for costs of litigation | ||
sections 568 , 568B , 568E and 568F | power to make an order in relation to disclaimer of onerous property | ||
sections 583 and 585 | rule 10.3 | power in relation to winding up Part 5.7 bodies | |
section 587 | power to stay or restrain proceeding | ||
sections 596A , 596B , 596F , 597 (5A) to (17) , 597A and 597B | rules 11.3 and 11 . 6 | power to make an order in relation to examinations | |
section 601AH (2) | power to order reinstatement of registration of a company | ||
section 601AH (3) | power to— | ||
(a) validate anything done between deregistration of a company and its reinstatement; or | |||
(b) make any other order the court considers appropriate | |||
section 601BJ (2) | power to approve modification in constituent documents of registered company | ||
section 601CC (9) | power to order restoration of name of registered Australian body to the register | ||
section 601CL (10) | power to order restoration of name of registered foreign company to the register | ||
section 1071D | rule 12.2 | power to make an order in relation to a person summoned | |
section 1071F | power to make an order in relation to a company’s refusal to register a share transfer | ||
section 1071H (6) | power to make an order to remedy default in issuing certificate etc. | ||
section 1274 | power to make an order if failure to lodge, amend etc. a document | ||
section 1303 | power to order that books be available for inspection | ||
section 1319 | power to give directions with respect to meetings | ||
section 1322 | power to make an order in relation to irregularities | ||
section 1325D | power to make an order if contravention of a provision of chapter 6 , 6A , 6B or 6C due to inadvertence | ||
section 1335 | power to make an order as to costs |
Column 1 Provision of the Insolvency Practice Schedule (Corporations) | Column 2 Provision of the rules in schedule 1A | Column 3 Description (for information only) | |
section 20- 70 (3) | power to extend time to apply to ASIC for renewal of a liquidator’s registration | ||
section 40- 5 (4) (b) | power to give a direction to a liquidator to lodge a document or give any information or document | ||
section 40- 10 (4) (b) | power to direct a liquidator— | ||
(a) to confirm to ASIC that information is complete and correct; or | |||
(b) to complete or correct information; or | |||
(c) to notify any persons specified by ASIC of any additional or corrected information | |||
section 45- 1 (1) | power to make orders in relation to a registered liquidator | ||
section 60- 10 (1) (c) and (2) (b) | rule 9.2 | power to determine an external administrator’s remuneration | |
section 60- 11 (3) | rule 9.2A | power to review a remuneration determination for an external administrator of a company | |
section 60- 16 (1) | rule 9.3 | power to determine a provisional liquidator’s remuneration | |
section 65-45 | power to give directions regarding the handling of money and securities by an external administrator | ||
section 70- 35 (3) (c) | power to give directions in relation to destruction of the books of a company | ||
section 70- 90 | power to order an external administrator to give relevant material to a person | ||
section 75- 41 (3) | power to make orders in relation to proposals considered at a meeting of creditors | ||
section 75-42 (4) | power to order that a resolution passed at a meeting of creditors because of a casting vote be set aside or varied and make further orders or give further directions | ||
section 75-43 (4) | power to order that a resolution considered at a meeting of creditors is taken to have been passed and make further orders or give further directions | ||
section 80- 50 (2) | power to approve a committee of inspection incurring expenses in obtaining advice or assistance | ||
section 80- 55 (5) (b) | power to give leave for a member of a committee of inspection to derive a profit or advantage | ||
section 90- 5 (1) | power to inquire into the external administration of a company | ||
sections 90- 5 (2) and 90- 10 (4) | power to require an external administrator or former external administrator to give information, provide a report or produce a document | ||
section 90- 15 | rules 7.2 and 11 . 8 | power to make orders in relation to the external administration of a company, including the following— | |
(a) determining a question arising in the external administration; | |||
(b) that a person cease to be the external administrator; | |||
(c) that another registered liquidator be appointed as the external administrator; | |||
(d) in relation to the costs of an action (including court action) taken by the external administrator or another person in relation to the external administration; | |||
(e) in relation to any loss the company has sustained because of a breach of duty by the external administrator; | |||
(f) in relation to remuneration, including requiring a person to repay to a company, or the creditors of a company, remuneration paid to the person as external administrator of the company | |||
section 90- 23 (6) and (9) | power to appoint a registered liquidator to carry out a review into a matter that relates to the external administration of a company and to specify the matters the liquidator is appointed to review and the way the cost of carrying out the review is to be determined | ||
section 90- 28 | power to make orders in relation to a review by a reviewing liquidator on the application of the reviewing liquidator, a person with a financial interest in the external administration of the company or an officer of the company | ||
section 90- 35 (6) | power to order the reappointment of a former external administrator |
Column 1 Provision of the ASIC Act | Column 2 Provision of the rules in schedule 1A | Column 3 Description (for information only) | |
section 79 (4) | power to extend period to give notice of intention to have statements made at examination admitted |