Federal Court (Corporations) Rules 2000

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Attorney-General's Department

This item is authorised by the following title:

Federal Court of Australia Act 1976

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F2017C01200 (C18)

06 December 2017 - 12 January 2023

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

Division 1—Preliminary
- 1.1 Citation
- 1.3 Application of these Rules and other rules of the Court
- 1.4 Expressions used in the Corporations Act
- 1.5 Definitions for these Rules
- 1.6 References to rules and forms
- 1.7 Substantial compliance with forms
- 1.8 Court’s power to give directions
- 1.9 Calculation of time
- 1.10 Extension and abridgment of time
Division 2—Proceedings generally
- 2.1 Title of documents in a proceeding—Form 1
- 2.2 Originating process and interlocutory process—Forms 2 and 3
- 2.3 Fixing of hearing
- 2.4 Supporting affidavits
- 2.4A Application for order setting aside statutory demand (Corporations Act s 459G)
- 2.5 Affidavits made by creditors
- 2.6 Form of affidavits
- 2.7 Service of originating process or interlocutory process and supporting affidavit
- 2.8 Notice of certain applications to be given to ASIC
- 2.9 Notice of appearance (Corporations Act s 465C)—Form 4
- 2.10 Intervention in proceeding by ASIC (Corporations Act s 1330)—Form 5
- 2.12 Proof of publication
- 2.13 Leave to creditor, contributory or officer to be heard
- 2.14 Inquiry in relation to corporation’s debts etc
- 2.15 Meetings ordered by the Court
Division 3—Compromises and arrangements in relation to Part 5.1 bodies
- 3.1 Application of Division 3
- 3.2 Nomination of chairperson for meeting
- 3.3 Order for meetings to identify proposed scheme
- 3.4 Notice of hearing (Corporations Act s 411 (4), s 413 (1))—Form 6
- 3.5 Copy of order approving compromise or arrangement to be lodged with ASIC
Division 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration
- 4.1 Inquiry into the conduct of controller (Corporations Act s 423)
- 4.2 Order or inquiry in relation to registered liquidator or external administration of a company
Division 5—Winding up proceedings (including oppression proceedings where winding up is sought)
- 5.1 Application of Division 5
- 5.2 Affidavit accompanying statutory demand (Corporations Act s 459E (3))—Form 7
- 5.3 Application for leave to apply for winding up in insolvency (Corporations Act s 459P (2))
- 5.4 Affidavit in support of application for winding up (Corporations Act s 459P, s 462, s 464)
- 5.5 Consent of liquidator (Corporations Act s 532 (9))—Form 8
- 5.6 Notice of application for winding up
- 5.7 Applicant to make copies of documents available
- 5.8 Discontinuance of application for winding up
- 5.9 Appearance before Registrar
- 5.10 Order substituting plaintiff in application for winding up (Corporations Act s 465B)—Form 10
- 5.11 Notice of winding up order and appointment of liquidator
Division 6—Provisional liquidators (Corporations Act Part 5.4B)
- 6.1 Appointment of provisional liquidator (Corporations Act s 472)—Form 8
- 6.2 Notice of appointment of provisional liquidator
Division 7—Liquidators
- 7.2 Vacancy in office of liquidator (Corporations Act s 473A and s 499(3) and Insolvency Practice Schedule (Corporations) s 90 15)
- 7.3 Report to liquidator as to company’s affairs (Corporations Act s 475)
- 7.4 Liquidator to file certificate and copy of settled list of contributories (Corporations Act s 478)
- 7.5 Release of liquidator and deregistration of company (Corporations Act s 480 (c) and (d))
- 7.6 Objection to release of liquidator—Form 13
- 7.7 Report on accounts of liquidator (Corporations Act s 481)
- 7.8 Application for payment of call (Corporations Act s 483 (3) (b))—Form 14
- 7.9 Distribution of surplus by liquidator with special leave of the Court (Corporations Act s 488 (2))—Form 15
- 7.10 Powers delegated to liquidator by the Court (Corporations Act s 488)
- 7.11 Appointment of reviewing liquidator (Insolvency Practice Schedule (Corporations) s 90 23(8))
Division 8—Special managers (Corporations Act Part 5.4B)
- 8.1 Application for appointment of special manager (Corporations Act s 484)
- 8.2 Security given by special manager (Corporations Act s 484)
- 8.3 Special manager’s receipts and payments (Corporations Act s 484)
Division 9—Remuneration of office holders
- 9.1 Remuneration of receiver (Corporations Act s 425 (1))—Form 16
- 9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s 60 10(1)(c) and (2)(b))—Form 16
- 9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60 11(1))
- 9.3 Remuneration of provisional liquidator (Insolvency Practice Schedule (Corporations) s 60 16)—Form 16
- 9.5 Remuneration of special manager (Corporations Act s 484 (2))—Form 16
Division 10—Winding up generally
- 10.1 Determination of value of debts or claims (Corporations Act s 554A (2))
- 10.2 Disclaimer of contract (Corporations Act s 568 (1A))
- 10.3 Winding up Part 5.7 bodies (Corporations Act s 583, s 585) and registered schemes (Corporations Act s 601ND)
Division 11—Inquiries, examinations, investigations, and orders against person concerned with corporation
- 11.1 Definition for Division 11
- 11.2 Inquiries, examinations and investigations under paragraph 411(9)(b) or subsection 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations)
- 11.3 Application for examination summons (Corporations Act s 596A, s 596B)—Form 17
- 11.4 Service of examination summons
- 11.5 Discharge of examination summons
- 11.6 Filing of record of examination (Corporations Act s 597 (13))
- 11.7 Authentication of transcript of examination (Corporations Act s 597 (14))
- 11.8 Inspection of record or transcript of examination or investigation under s 411 or s 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations)
- 11.9 Entitlement to record or transcript of examination held in public
- 11.10 Default in relation to examination
- 11.11 Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act s 598)
Division 11A—Warrants (Corporations Act s 486B and Part 5.4B, Division 3, Subdivision B)
- 11A.01 Arrest of person (Corporations Act s 486B)—Form 17A
Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7)
- 12.1 Service on ASIC in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act
- 12.1A Reference to Court of question of law arising in proceeding before Takeovers Panel (Corporations Act s 659A)
- 12.1B Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B)
- 12.2 Application for summons for appearance of person (Corporations Act s 1071D (4))—Form 18
- 12.3 Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F)
Division 14—Appeals authorised by the Corporations Act
- 14.1 Appeals against acts, omissions or decisions
Division 15—Proceedings under the ASIC Act
- 15.1 Reference to Court of question of law arising at hearing of ASIC (ASIC Act s 61)
- 15.3 Application for inquiry (ASIC Act s 70, s 201, s 219)
Division 15A—Proceedings under the Cross Border Insolvency Act
- 15A.1 Application of this Division and other rules of the Court
- 15A.2 Expressions used in the Cross Border Insolvency Act
- 15A.3 Application for recognition
- 15A.4 Application for provisional relief under article 19 of the Model Law
- 15A.5 Registered liquidator’s consent to act
- 15A.6 Notice of filing of application for recognition
- 15A.7 Notice of order for recognition, withdrawal etc
- 15A.8 Relief after recognition
- 15A.9 Application to modify or terminate an order for recognition or other relief
Division 16—Powers of Registrars
- 16.1 Powers of Registrars
- 16.2 Reference by Registrar
Division 17—Transitional provisions
- 17.1 Transitional provisions relating to the Federal Court (Corporations) Amendment (Insolvency Law Reform) Rules 2017
Schedule 1—Forms
- Form 1—Document title
- Form 2—Originating process
- Form 3—Interlocutory process
- Form 4—Notice of appearance
- Form 5—Notice of intervention by ASIC
- Form 6—Notice of hearing to approve compromise or arrangement
- Form 7—Affidavit accompanying statutory demand
- Form 8—Consent of liquidator/provisional liquidator
- Form 9—Notice of application for winding up order
- Form 10—Notice of application for winding up order by substituted plaintiff
- Form 11—Notice of winding up order and of appointment of liquidator
- Form 12—Notice of appointment of provisional liquidator
- Form 13—Notice by creditor or contributory of objection to release of liquidator
- Form 14—Affidavit in support of application for order for payment of call
- Form 15—Notice of application for leave to distribute a surplus
- Form 16—Notice of intention to apply for remuneration
- Form 16A—Notice of intention to apply for review of remuneration
- Form 17—Summons for examination
- Form 17A—Arrest warrant
- Form 18—Summons for appearance in relation to registration of transfer of interests
- Form 19—Consent to act as designated person
- Form 20—Notice of filing of application for recognition of foreign proceeding
- Form 21—Notice of making of order under the Cross Border Insolvency Act 2008
- Form 22—Notice of dismissal or withdrawal of application for recognition of foreign proceeding
- Form 23—Notice of filing of application to modify or terminate an order for recognition or other relief
Schedule 2—Powers of the Court that may be exercised by a Registrar
- Part 1—Corporations Act
- Part 1A—Insolvency Practice Schedule (Corporations)
- Part 2—ASIC Act
Schedule 3—Notes to these Rules
- Endnotes

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Federal Court (Corporations) Rules 2000

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Federal Court (Corporations) Rules 2000

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