Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see r 1.6)
(see r 2.1)
In the Supreme Court
of the
Australian Capital Territory
No of [year]
In the matter of [ full name of corporation to which the proceeding relates and, if applicable, the words ‘(in liquidation)', ‘(receiver appointed)', ‘(receiver and manager appointed)', ‘(controller acting)', or ‘(under administration)' ]
ACN or ARBN: [ insert ACN or ARBN ]
AB (and others)
Plaintiff(s)
[ list, in a schedule, any further plaintiffs ]
CD (and others)
Defendant(s)
[ list, in a schedule, any
further defendants ]
(see r 2.2)
[ Title ]
A DETAILS OF APPLICATION
This application is made under *section / *regulation [ number ] of the *Corporations Act/*ASIC Act/*Corporations Regulations.
[ State briefly the nature of the proceeding, eg application for winding-up on ground of insolvency or complaint about a receiver .]
On the facts stated in the supporting affidavit(s), the plaintiff claims:
1
2
etc
AND
Date:
Signature of plaintiff or
plaintiff's legal practitioner
This application will be heard by the Supreme Court at Knowles Place, Canberra City at *am/*pm on
B NOTICE TO DEFENDANT(S) (IF ANY)
TO: [ name and address of each defendant (if any) ]
If you or your legal practitioner do not appear before the Court at that time, the application may be dealt with, and an order made, in your absence. As soon after that time as the business of the Court will allow, any of the following may happen:
(a) the application may be heard and final relief given;
(b) directions may be given for the future conduct of the proceeding;
(c) any interlocutory application may be heard.
Before appearing before the Court, you must file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff.
Note Unless the Court otherwise orders, a defendant that is a corporation must be represented at a hearing by a legal practitioner. It may be represented at a hearing by a director of the corporation only if the Court gives leave.
C APPLICATION FOR WINDING-UP ON GROUND OF INSOLVENCY
[Complete this section if this originating process is seeking an order that a company be wound up in insolvency on the ground that the company has failed to comply with a statutory demand (see Corporations Act, section 459Q.]
[Set out particulars of service of the statutory demand on the company and of the failure to comply with the demand.]
[Attach to this originating process a copy of the statutory demand and, if the demand has been varied by an order made under the Corporations Act, section 459H (4) because of a dispute or offsetting claim, a copy of the order made under that subsection.]
[The affidavit in support of this originating process must:
(a) verify service of the demand on the company; and
(b) verify the failure of the company to comply with the demand; and
(c) state whether and, if so, to what extent the debt, or each of the debts, to which the demand relates is still due and payable at the date when the affidavit is made.]
Note 1 In an application for winding-up in insolvency on the ground that the company has failed to comply with a statutory demand, the applicant should consider completing form 2, pt C as shown in sch 3 (Notes to these rules).
Note 2 An example of the affidavit in support of an application for winding-up in insolvency for failure to comply with a statutory demand is shown in sch 3 (Notes to these rules).
D FILING
Date of filing: [ date of filing to be entered by Registrar ]
Registrar
This originating process is filed by [ name ] for the plaintiff.
E SERVICE
The plaintiff's address for service is [ address of plaintiff's legal practitioner or of plaintiff ].
*It is not intended to serve a copy of this originating process on any person.
OR
*It is intended to serve a copy of this originating process on each defendant and on any person listed below:
[name of defendant and any other person on whom a copy of the originating process is to be served]
[Complete the following section if the time for service has been shortened]
The time by which a copy of this originating process is to be served has been shortened by order made by [ name of Judge or other Court officer ] on [ date ] to [ time and date ].
* Omit if not applicable
(see r 2.2)
[ Title ]
A DETAILS OF INTERLOCUTORY APPLICATION
*This interlocutory application is made under *section / *regulation [ number ] of the *Corporations Act/*ASIC Act/*Corporations Regulations.
On the facts stated in the supporting affidavit(s), the applicant, [ name ], applies for the following interlocutory relief:
1
2
etc
AND
Date:
Signature of
applicant making this application
or applicant's legal practitioner
This interlocutory application will be heard by the Supreme Court at Knowles Place, Canberra City at *am/*pm on .
B NOTICE TO RESPONDENT(S) (IF ANY)
TO: [ name and address of each respondent to this interlocutory process (if any). If applicable, also state the respondent's address for service .]
If you or your legal practitioner do not appear before the Court at that time, the application may be dealt with, and an order made, in your absence.
Before appearing before the Court, you must, except if you have already done so or you are the plaintiff in this proceeding, file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff in the originating process.
Note Unless the Court otherwise orders, a respondent that is a corporation must be represented at a hearing by a legal practitioner. It may be represented at a hearing by a director of the corporation only if the Court grants leave.
C FILING
This interlocutory process is filed by [ name ] for the applicant.
D SERVICE
The applicant's address for service is [ address of applicant's legal practitioner or of applicant ].
*It is not intended to serve a copy of this interlocutory process on any person.
OR
*It is intended to serve a copy of this interlocutory process on each respondent and on any person listed below:
[ name of respondent and any other person on whom a copy of the interlocutory process is to be served ]
[Complete the following section if the time for service has been shortened]
The time by which a copy of this interlocutory process is to be served has been shortened by order made by [ name of Judge or other Court officer ] on [ date ] to [ time and date ].
* Omit if not applicable
Form 4 Notice of appearance
(see r 2.9)
[ Title ]
A DETAILS OF PERSON INTENDING TO APPEAR
Notice is given that [ state full name and address ], [ briefly state your interest in the proceeding, eg a creditor for $ (amount), or a contributory, of the corporation ] intends to appear before the Court at the hearing of the application to be heard on [ date ] and, if applicable, to *oppose / *support the application.
Note Unless the Court otherwise orders, a defendant or respondent that is a corporation must be represented at a hearing by a legal practitioner. It may be represented at a hearing by a director of the corporation only if the Court grants leave.
B GROUNDS OF OPPOSITION TO WINDING-UP
[Complete this section only if you are opposing an application to wind up a company]
The grounds on which I oppose the application for winding-up are:
1
2
etc
C
SERVICE
[This section must be completed]
The address for service of the person giving this notice is [ address of person's legal practitioner or of person ].
Signature of person giving notice
or of person's legal
practitioner
* Omit if not applicable
Form 5 Notice of intervention by the commission
(see r 2.10)
[ Title ]
The Australian Securities and Investments Commission, whose address for service is [ address ], intervenes in this proceeding.
Date:
Signed on behalf of the Commission
Name of signatory: [ name ].
Capacity of signatory: [ capacity ].
Form 6 Notice of hearing to approve compromise or arrangement
(see r 3.4)
To all the creditors and members of [ name of company ].
Take notice that at 10 am (or as soon after that time as the business of the Court will allow) on , the Supreme Court at Knowles Place, Canberra City will hear an application by [ name of plaintiff ] seeking the approval of a compromise or arrangement between the company and its *members/*creditors as proposed by a resolution passed by the meeting of the *members/*creditors of the company held on [ date ].
[Complete this section if applicable]
The proposed compromise or arrangement as passed by the meeting was amended from the form of compromise or arrangement previously sent to you in the following respects:
[Set out the details of any amendment made at the meeting]
If you wish to oppose the approval of the compromise or arrangement, you must file and serve on the plaintiff a notice of appearance, in the prescribed form, together with any affidavit on which you wish to rely at the hearing. The notice of appearance and affidavit must be served on the plaintiff at its address for service at least 1 day before the date fixed for the hearing of the application.
[This section must be completed]
The address for service of the plaintiff is [ address of plaintiff's legal practitioner or of plaintiff ].
Name of person giving notice or of person's legal practitioner [ name ]
* Omit if not applicable
Form 7 Affidavit accompanying statutory demand
(see r 5.2)
[ Name of creditor(s) ]
Creditor(s)
[ Name of debtor company ]
Debtor company
I, [ name ] of [ address and occupation ], *say on oath/*affirm [ or * make oath and say /* solemnly and sincerely declare and affirm]:
1 I am [ state deponent's relationship to the creditor(s), eg, ‘the creditor', ‘(name), one of the creditors', ‘a director of the creditor', ‘a director of (name), one of the creditors' ] in relation to *a debt of $[ amount ]/*debts totalling $[ amount ] owed by [ name of debtor company ] to *it/*them relating to [ state nature of debt, or debts, ensuring that what is stated corresponds with the description of the debt, or debts, to be given in the proposed statutory demand, with which this affidavit is to be served on the debtor company ].
2 [ If the deponent is not the creditor, state the facts entitling the deponent to make the affidavit, eg ‘I am authorised by the creditor(s) to make this affidavit on its/their behalf ].
3 [ State the source of the deponent's knowledge of the matters stated in the affidavit in relation to the debt or each of the debts, eg ‘I am the person who, on behalf of the creditor(s), had the dealings with the debtor company that gave rise to the debt', ‘I have inspected the business records of the creditor in relation to the debtor company's account with the creditor' ].
4 *The debt/*The total of the amounts of the debts, mentioned in paragraph 1 of this affidavit, is due and payable by the debtor company.
5 I believe that there is no genuine dispute about the existence or amount of the *debt/*any of the debts.
*Sworn/*affirmed at: [ place of swearing or affirmation ] on [ date ]
OR
*Sworn/*affirmed by the deponent at: [ place of swearing or affirmation] this day of [month] [ year ]
Signature of deponent
Before me:
Signature and designation of
person before whom deponent
swears or affirms affidavit
* Omit if not applicable
Note The form of this affidavit may be changed to comply with the form of affidavit used in a particular State or Territory—see r 2.6.
Form 8 Consent of liquidator/provisional liquidator
(see r 5.5, r 6.1)
[ Title ]
I, [ name ], of [ address ], an official liquidator, consent to be appointed by the Court and to act as the *liquidator/*provisional liquidator of [ name of company ].
I am not aware of any conflict of interest or duty that would make it improper for me to act as *liquidator/*provisional liquidator of the company.
The hourly rates currently charged in relation to work done as the *liquidator /* provisional liquidator by me, and by my partners and employees who may perform work in this administration, are set out below or in the schedule attached to this consent.
I acknowledge that my appointment by the Court does not constitute an express or implied approval by the Court of these hourly rates.
Date:
Signature of official liquidator
* Omit if not applicable
Schedule
[ description of hourly rate(s )]
Form 9 Notice of application for winding-up order
(see r 5.6)
In the Supreme Court
of the Australian Capital Territory
No of [year]
[ Name of company ]
ACN: [ ACN of company to which proceeding relates ]
1 A proceeding for the winding-up of [ name of company ] was commenced by the plaintiff, [ name of plaintiff ], on [ date of filing of originating process ] and will be heard by the Supreme Court at Knowles Place, Canberra City at 10 am (or as soon after that time as the business of the Court will allow) on . Copies of documents filed may be obtained from the plaintiff's address for service.
2 The plaintiff's address for service is [ address of plaintiff's legal practitioner or of plaintiff ].
3 Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the plaintiff at the plaintiff's address for service at least 3 days before the date fixed for the hearing.
Date:
Name of plaintiff or plaintiff's legal practitioner: [ name ].
* Omit if not applicable
Form 10 Notice of application for winding-up order by substituted plaintiff
(see r 5.10)
In the
Supreme Court
of the Australian Capital Territory
No of [year]
[ Name of company ]
ACN: [ ACN of company to which proceeding relates ]
1
[ Name of substituted plaintiff ], who was, by order of the
Supreme Court, substituted as a plaintiff, will apply to the Court at 10 am
(or as soon after that time as the business of the Court will allow) on
at
Knowles Place, Canberra City for an order that the company be wound up.
2 The address for service of the substituted plaintiff is [ address of substituted plaintiff's legal practitioner or of substituted plaintiff ].
3 Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the substituted plaintiff at its address for service at least 3 days before the date fixed for the hearing.
Date:
Name of substituted plaintiff or substituted plaintiff's legal practitioner: [ name ]
* Omit if not applicable
Form 11 Notice of winding-up order and of appointment of liquidator
(see r 5.11)
In
the Supreme Court
of the Australian Capital Territory
No of [ year ]
In the matter of [ name of company to which the proceeding relates ]
ACN: [ ACN of company to which proceeding relates ]
On [date], the Supreme Court in Proceeding No of [year], ordered the winding-up of [ name of company ] and I was appointed as liquidator of the company.
Date:
Name and address of liquidator: [ name and address ].
Form 12 Notice of appointment of provisional liquidator
(see r 6.2)
In the Supreme Court
of the Australian
Capital Territory
No of [ year ]
In the matter of [ name of company to which the proceeding relates ]
ACN: [ ACN of company to which proceeding relates ]
On [date], in Proceeding No of [year], heard by the Supreme Court, I was appointed as the provisional liquidator of the company.
Date:
Name and address of provisional liquidator: [ name and address ].
Form 13 Notice by creditor or contributory of objection to release of liquidator
(see r 7.6)
[ Title ]
[ Name of creditor/contributory ] of [ address of creditor/contributory ], a creditor of [ name of company ] for $ [ amount ], or a contributory of [ name of company ] holding [ number ] shares in the company, objects to the grant of a release to [ name of liquidator ] of [ address of liquidator ], who is the liquidator of [ name of company ], on the following grounds:
[ set out the grounds on which the objection is made ]
Date:
Signature of objector or
objector's legal practitioner
Name of objector or objector's legal
practitioner: [ name ].
The objector's address for service is [ address of
objector or objector's legal practitioner ].
Form 14 Affidavit in support of application for order for payment of call
(see r 7.8)
[ Title ]
I, [ name ] of [ address ], liquidator, *say on oath/*affirm [ or * make oath and say /* solemnly and sincerely declare and affirm]:
1 I am the liquidator of [ name of company ] (the company ).
2 On [date] I made a call of $ [amount] per share on all the contributories of the company [ or specify the class of contributories on whom the call was made ]. *Annexed/*Exhibited and marked A is a copy of the notice of the call. Each contributory whose name is shown in the schedule marked B was duly served with notice of the call in the form annexed or exhibited and marked A .
3 Each contributory of the company whose name is set out in column 2 of the schedule marked B has not paid, or caused to be paid, to me the amount specified opposite the contributory's name in column 5 of the schedule, which is due from that contributory under the call.
4 The amount set out opposite the name of each contributory in column 6 of the schedule is an estimate of the amount due by that contributory in relation to the costs of applying for and giving effect to the order for payment of the call. The estimate of the amounts so due by the several contributories has been reached by apportioning the costs among the contributories who have not paid the call according to the liability of the respective contributories to contribute.
5 The amount set out opposite the name of each contributory in column 7 of the schedule is the total of the amount due by that contributory in relation to the call as set out in column 5 and the amount due in relation to costs as set out in column 6.
*Sworn/*affirmed at: [ place of swearing or affirmation ] on [ date ]
OR
*Sworn/*affirmed by the deponent at: [ place of swearing or affirmation] this day of [month] [ year ]
Signature of deponent
Before me:
Signature and designation of
person before whom deponent
swears or affirms affidavit
* Omit if not applicable
Note The form of this affidavit may be changed to comply with the form of affidavit used in a particular State or Territory—see r 2.6.
Schedule B
column 1 | column 2 | column 3 | column 4 | column 5 | column 6 | column 7 |
| number on list of contributories | name | address | character in which included in the list | unpaid amount of call | proportion of costs of application | total amount payable |
Form 15 Notice of application for leave to distribute a surplus
(see r 7.9)
In the
Supreme Court
of the Australian Capital Territory
No of [year]
In the matter of [ name of company to which the proceeding relates ]
ACN: [ ACN of company to which proceeding relates ]
On at , the will hear an application by the liquidator of [ name of company ] in Proceeding No of [year] for leave to distribute a surplus in relation to the liquidation of the company.
Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and affidavit on the liquidator at the address shown below at least 3 days before the date fixed for the hearing.
Name of liquidator: [ name ].
The liquidator's address for service is [ address ].
Signature of liquidator
Form 16 Notice of intention to apply for remuneration
(see rr 9.1-9.5)
IN THE MATTER OF [ company name ]
ACN: [ ACN of company to which proceeding relates ]
TO: [ name and address of person to whom notice is given ]
Take notice that, not less than 21 days
after this notice is served on you, I, [ name and address ], the
*receiver/*administrator/*liquidator/
*provisional liquidator/*special manager
of the company, intend to apply to the Court to determine my remuneration.
If you object to my application, you must, within 21 days after being served with this notice, serve on me a notice of objection stating the grounds of objection to the remuneration claimed.
Date:
Signature of
*receiver/*administrator/*liquidator/
*provisional liquidator/*special manager
* Omit if not applicable
Form 17 Summons for examination
(see r 11.3)
[ Title ]
A DETAILS OF SUMMONS
To: [ name and address of person to be examined ]
You are summoned under the Corporations Act, *section 596A/ *section 596B to:
(a) attend before at Knowles Place, Canberra City at 10 am on , and from day-to-day until excused by the Court, to be examined on oath or affirmation about the examinable affairs of [ name of corporation ]; and
(b) *to produce at the examination the following books [ specify books—include in a schedule if necessary ].
Date:
Registrar
B NOTICE TO PERSON TO BE EXAMINED
The Court may order that the questions put to you and the answers given by you at the examination are to be recorded in writing and signed by you.
If you do not attend the examination in accordance with this summons, without reasonable cause, you may be arrested and imprisoned without further notice.
This summons is issued at the request of [ name ] whose address for service is [ address of person's legal practitioner or of person ].
* Omit if not applicable
Form 18 Summons for appearance in relation to registration of transfer of interests
(see r 12.2)
[ Title ]
To: [ name and address ]
You are required to appear before the Supreme Court at Knowles Place, Canberra City at 10 am on and show cause why the document(s) specified in the schedule should not be *delivered up/*produced at the office of [ name of company ] at [ address of company ] within [ period as ordered ], as required by the attached notice.
The address for service of the person applying for this summons is [ address of person's legal practitioner or of person ].
Date:
Registrar
* Omit if not applicable
Schedule
[ description of document(s) ]