Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1993) - REG 21

21. Rule 20 of Order 75B of the Principal Rules is amended—

    (a)     by omitting from subrule (2) “must” and substituting “shall”;

    (b)     by omitting from paragraph (2) (a) “or substantially in”;

    (c)     by omitting from subrule (3) “must” and substituting “shall”;

    (d)     by omitting from subrule (4) “filing the application, the applicant must” and substituting “filing, the applicant shall”;

    (e)     by omitting subrule (5) and substituting the following subrule:

“(5) If the remedies sought in an application under section 260 include an order that the company be wound up, the applicant—

        (a)     may, at the same time as filing the application and any affidavit in support, lodge a nomination in accordance with Form 88 of an official liquidator who, if an order for the winding up is made and, unless the Court is satisfied that some other official liquidator should be appointed, will be appointed as liquidator; and

        (b)     shall, within 14 days of filing, serve a copy of any such nomination on the company.”;

    (f)     by omitting from subrule (6) “must”, “5 days” and “Order 4” and substituting “shall”, “7 days” and “Order 2A”, respectively; and

    (g)     by omitting from subrules (7) and (9) “must” and substituting “shall”.

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