Corporations law rules 2000

목차 (Table of Contents)

• CONTENTS
• Division 1 Preliminary
• 1.1 Citation = 7
• 1.2 Commencement = 7
• 1.3 Application of these Rules and other rules of the Court = 7
• 1.4 Expressions used in the Corporations Law = 7
• 1.5 Definitions for these Rules = 8
• 1.6 References to rules and forms = 9
• 1.7 Substantial compliance with forms = 9
• 1.8 Court's power to give directions = 9
• 1.9 Calculation of time = 10
• 1.10 Extension and abridgment of time = 10
• Division 2 Proceedings generally
• 2.1 Title of documents in a proceeding - Form 1 = 11
• 2.2 Originating process and interlocutory process - Forms 2 and 3 = 11
• 2.3 Fixing of hearing = 12
• 2.4 Supporting affidavits = 12
• 2.5 Affidavits made by creditors = 12
• 2.6 Form of affidavits = 13
• 2.7 Service of originating process or interlocutory process and supporting affidavit = 13
• 2.8 Notice of certain applications to be given to Commission = 13
• 2.9 Notice of appearance(s 465C of the Law) - Form 4 = 15
• 2.10 Intervention in proceeding by Commission(s 1330 of the Law) - Form 5 = 16
• 2.11 Publication of notices = 16
• 2.12 Proof of publication = 17
• 2.13 Leave to creditor, contributory or officer to be heard = 17
• 2.14 Inquiry in relation to corporation's debts etc = 18
• 2.15 Meetings ordered by the Court = 18
• Division 3 Compromises and arrangements in relation to Part 5.1 bodies
• 3.1 Application of Division 3 = 19
• 3.2 Nomination of chairperson for meeting = 19
• 3.3 Order for meetings to identify proposed scheme = 20
• 3.4 Notice of hearing(s 411(4), s 413(1) of the Law) - Form 6 = 20
• 3.5 Copy of order approving compromise or arrangement to be lodged with Commission = 20
• Division 4 Receivers and other controllers of corporation property (Part 5.2 of the Law)
• 4.1 Inquiry into conduct of controller(s 423 of the Law) = 21
• Division 5 Winding up proceedings(including oppression proceedings where winding up is sought)
• 5.1 Application of Division 5 = 22
• 5.2 Affidavit accompanying statutory demand(s 459E(3) of the Law) - Form 7 = 22
• 5.3 Application for leave to apply for winding up in insolvency(s 459P(2) of the Law) = 22
• 5.4 Affidavit in support of application for winding up(s 459P, s 462, s 464 of the Law) = 23
• 5.5 Consent of liquidator(s 532(9) of the Law) - Form 8 = 23
• 5.6 Notice of application for winding up - Form 9 = 24
• 5.7 Applicant to make copies of documents available = 24
• 5.8 Discontinuance of application for winding up = 24
• 5.9 Appearance before Registrar = 25
• 5.10 Order substituting plaintiff in application for winding up(s 465B of the Law) - Form 10 = 25
• 5.11 Notice of winding up order and appointment of liquidator - Form 11 = 25
• Division 6 Provisional liquidators(Part 5.4B of the Law)
• 6.1 Appointment of provisional liquidator(s 472 of the Law) - Form 8 = 27
• 6.2 Notice of appointment of provisional liquidator - Form 12 = 27
• Division 7 Liquidators
• 7.1 Resignation of liquidator(s 473(1) of the Law) = 29
• 7.2 Filling vacancy in office of liquidator(s 473(7), s 502 of the Law) = 29
• 7.3 Report to liquidator as to company's affairs(s 475 of the Law) = 29
• 7.4 Liquidator to file certificate and copy of settled list of contributories(s 478 of the Law) = 30
• 7.5 Release of liquidator and deregistration of company(S 480(c) and (d) of the Law) = 30
• 7.6 Objection to release of liquidator - Form 13 = 33
• 7.7 Report on accounts of liquidator(s 481 of the Law) = 33
• 7.8 Application for payment of call(s 483(3) (b) of the Law) - Form 14 = 34
• 7.9 Distribution of surplus by liquidator with special leave of the Court(s 488(2) of the Law) - Form 15 = 34
• 7.10 Powers delegated to liquidator by the Court(s 488 of the Law) = 34
• 7.11 Inquiry into conduct of liquidator(s 536 of the Law) = 34
• Division 8 Special managers(Part 5.4B of the Law)
• 8.1 Application for appointment of special manager(s 484 of the Law) = 36
• 8.2 Security given by special manager(s 484 of the Law) = 36
• 8.3 Special managers receipts and payments(s 484 of the Law) = 37
• Division 9 Remuneration of office-holders
• 9.1 Remuneration of receiver(s 425(1) of the Law) - Form 16 = 38
• 9.2 Remuneration of administrator(s 449E(1) of the Law) - Form 16 = 40
• 9.3 Remuneration of provisional liquidator(s 473(2) of the Law) - Form 16 = 41
• 9.4 Remuneration of liquidator(s 473(3) of the Law) - Form 16 = 43
• 9.5 Remuneration of special manager(s 484(2) of the Law) - Form 16 = 45
• Division 10 Winding up generally
• 10.1 Determination of value of debts or claims(s 554A(2) of the Law) = 47
• 10.2 Disclaimer of contract(s 568(1A) of the Law) = 47
• 10.3 Winding up Part 5.7 bodies(s 583, s 585 of the Law) and registered schemes(s 601ND of the Law) = 47
• Division 11 Examinations and orders(Part 5.9, Divisions 1 and 2 of the Law)
• 11.1 Definition for Division 11 = 48
• 11.2 Application for examination or investigation under s 411, s 423 or s 536(3) of the Law = 48
• 11.3 Application for examination summons(s 596A, s 596B of the Law) - Form 17 = 48
• 11.4 Service of examination summons = 49
• 11.5 Discharge of examination summons = 50
• 11.6 Filing of record of examination(s 597(13) of the Law) = 50
• 11.7 Authentication of transcript of examination(s 597(14) of the Law) = 50
• 11.8 Inspection of record or transcript of examination or investigation under s 411, s 423 or s 536 of the Law = 51
• 11.9 Entitlement to record or transcript of examination held in public = 51
• 11.10 Default in relation to examination = 51
• 11.11 Service of application for order in relation to breaches etc by person concerned with corporation(s 598 of the Law) = 52
• Division 12 Acquisition of shares(Chapter 6 of the Law) and Securities(Chapter 7 of the Law)
• 12.1 Service on Commission in relation to proceedings under Chapter 6 or 7 of the Law = 53
• 12.2 Application for summons for appearance of person(s 1092(3) of the Law) - Form 18 = 53
• 12.3 Application for orders relating to refusal to register transfer or transmission of shares etc(s 1094 of the Law) = 54
• Division 13 The futures industry(Chapter 8 of the Law)
• 13.1 Appeal against decision of futures exchange or futures association(s 1135 of the Law) = 55
• 13.2 Proceedings against futures organization to establish claim against fidelity fund(s 1243 of the Law) = 55
• Division 14 Powers of Courts(Part 9.5 of the Law)
• 14.1 Appeal from act, omission or decision of administrator, receiver or liquidator, etc(s 554A, s1321 of the Law) = 56
• Division 15 Proceedings under the ASC Law
• 15.1 Reference to Court of question of law arising at hearing of Commission(s 61 of the ASC Law) = 58
• 15.2 Reference to Court of question of law arising at hearing of Corporations and Securities Panel(s 196 of the ASC Law) = 58
• 15.3 Application for inquiry(s 70, s 201, s 219 of the ASC Law) = 58
• Division 16 Powers of Registrars
• 16.1 Powers of Registrars = 59
• 16.2 Reference by Registrar = 59
• Schedule 1 Forms = 60
• Form 1 Document title = 60
• Form 2 Originating process = 61
• Form 3 Interlocutory process = 64
• Form 4 Notice of appearance = 66
• Form 5 Notice of intervention by the Commission = 67
• Form 6 Notice of hearing to approve compromise or arrangement = 68
• Form 7 Affidavit accompanying statutory demand = 69
• Form 8 Consent of liquidator／provisional liquidator = 71
• Form 9 Notice of application for winding up order = 72
• Form 10 Notice of application for winding up order by substituted plaintiff = 73
• Form 11 Notice of winding up order and of appointment of liquidator 74
• Form 12 Notice of appointment of provisional liquidator = 75
• Form 13 Notice by creditor or contributory of objection to release of liquidator = 76
• Form 14 Affidavit in support of application for order for payment of call = 77
• Form 15 Notice of application for leave to distribute a surplus 79
• Form 16 Notice of intention to apply for remuneration = 80
• Form 17 Summons for public examination = 81
• Form 18 Summons for appearance in relation to registration of transfer of interests = 82
• Schedule 2 Powers of the Court that may be exercised by a Registrar = 83
• Part 1 Corporations Law = 83
• Part 2 ASC Law = 94