Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsNOTES
1. Reprinted as at 18 December 1992. See also Subordinate Laws Nos. 4, 11, 20, 22, 23, 28 and 30, 1993.
2. Notified in the ACT Gazette on 7 September 1993.
FOOTNOTES TO ORDERS
On the day on which the Supreme Court Rules are amended by these Rules—
(a) the following note is added at the end of rule 42 of Order 75B of the Principal Rules “[See footnote (5) to this Order]”; and
(b) the following footnotes are added at the end of Order 75B of the Principal Rules:
“(1) NOTE TO APPLICANTS: Section 465C of the Corporations Law provides that a person may not oppose an application for winding up of a company under section 459P, 462 or 464, without the leave of the Court, unless the person has filed and served on the applicant notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice, within the period prescribed by the Rules.
“(2) NOTE TO APPLICANTS: Subsection 459G (3) of the Corporations Law provides that an application is made in accordance with section 459G only if, within 21 days after a statutory demand is served on the company, an affidavit supporting the application is filed with the Court and a copy of the application and of the supporting affidavit are served on the person who served the demand on the company.
“(3) NOTE TO APPLICANTS: Section 465A of the Corporations Law requires a person who applies for an order that a company be wound up under section 459P, 462 or 464 to lodge a notice in the prescribed form that the application has been made; to serve a copy of it on the company within 14 days after the application is made; and to advertise the application as prescribed in the Rules.
“(4) NOTE TO APPLICANTS: Section 465C of the Corporations Law provides that a person may not oppose an application for winding up of a company under section 459P, 462 or 464 without the leave of the Court, unless the person has filed and served on the applicant notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice, within the period prescribed by the Rules.
“(5) NOTE TO APPLICANTS: Section 470 of the Corporations Law requires that, within 7 days of the making and entry of an order for the winding up of a company, the applicant shall lodge an office copy of the sealed order of the Court with the Commission, serve an office copy of the sealed order on the company and deliver an office copy of the sealed order of the Court to the liquidator appointed in the winding up order, together with a statement that the order has been served on the company in compliance with paragraph 470 (2) (b) of the Corporations Law.”.
© Australian Capital Territory 2003