SUPREME COURT (CORPORATIONS) RULES 2013 - REG 2.8 Notice of certain applications to be given to ASIC

Victorian Consolidated Regulations

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SUPREME COURT (CORPORATIONS) RULES 2013 - REG 2.8

Notice of certain applications to be given to ASIC

(1) This Rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding—

(a) particular documents are to be served on the ASIC; or

(b) notice of particular matters is to be given to the ASIC.

(2) This Rule does not apply to a person making an application if the person is—

(a) the ASIC; or

(b) a person authorised by the ASIC.

(3) Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of the item of the following Table, the person must serve on the ASIC, a reasonable time before the hearing of the application, a copy of—

(a) the originating process or interlocutory process; and

(b) the supporting affidavit in respect of the application.

Rule 2.8(3) (Table) amended by S.R. No. 56/2018 rule 7.

TABLE

Column 1

Column 2

Column 3

Item

Provision

Description of application

1.

Section 480

For the release of a liquidator of a company and the deregistration of the company

2.

Section 482(1)

For the stay or termination of a winding up

3.

Section 509(2)

For the deregistration of a company

* * * * *

5.

Section 601AH(2)

To reinstate the registration of a company

6.

Section 601CC(8)

To restore the name of an Australian body to the register

7.

Section 601CL(9)

To restore the name of a foreign company to the register

8.

Chapter 6, 6A, 6B, 6C, 6D or 7

Any application under these Chapters

9.

Sections 1317S(2), (4) and (5)

For relief from liability for contravention of a civil penalty provision.

10.

Section 45-1(3) of the Insolvency Practice Schedule (Corporations)

For an order under section 45-1(1) of the Insolvency Practice Schedule (Corporations)

11.

Section 90-10(1) of the Insolvency Practice Schedule (Corporations)

For an inquiry into the external administration of a company

12.

Section 90-20 of the Insolvency Practice Schedule (Corporations)

For an order under section 90- 15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company.

Column 1	Column 2	Column 3
Item	Provision	Description of application
1.	Section 480	For the release of a liquidator of a company and the deregistration of the company
2.	Section 482(1)	For the stay or termination of a winding up
3.	Section 509(2)	For the deregistration of a company
* * * * *
5.	Section 601AH(2)	To reinstate the registration of a company
6.	Section 601CC(8)	To restore the name of an Australian body to the register
7.	Section 601CL(9)	To restore the name of a foreign company to the register
8.	Chapter 6, 6A, 6B, 6C, 6D or 7	Any application under these Chapters
9.	Sections 1317S(2), (4) and (5)	For relief from liability for contravention of a civil penalty provision.
10.	Section 45-1(3) of the Insolvency Practice Schedule (Corporations)	For an order under section 45-1(1) of the Insolvency Practice Schedule (Corporations)
11.	Section 90-10(1) of the Insolvency Practice Schedule (Corporations)	For an inquiry into the external administration of a company
12.	Section 90-20 of the Insolvency Practice Schedule (Corporations)	For an order under section 90- 15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company.

Rule 2.9 (Heading) amended by S.R. Nos 48/2014 rule 26(1), 58/2018 rule 34(1).

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