Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1993) - REG 24

Application for relief of controller from liability—subsection 419 A (7)

“28A. (1) An application under subsection 419A (7) shall be accompanied by an affidavit setting out the identity of persons to whom the controller is or may be liable for rent or other payments in the absence of an order relieving the controller from liability.

“(2) As soon as practicable after filing the application and affidavit, and in any event not later than 7 days after the date of filing, the controller shall serve a copy of the application and affidavit on each of the persons identified in the affidavit as a person to whom the controller is or may be liable.

Court's power to authorise managing controller to dispose of property despite prior charge—section 420 B

“28B. (1) An application under section 420B shall be accompanied by an affidavit setting out—

        (a)     the nature of the property that the controller seeks authority to dispose of;

        (b)     a summary of the terms of the proposed sale or disposition;

        (c)     the identity of the proposed purchaser or disponee;

        (d)     the identity of the person who holds a prior charge over the property and the nature of that charge;

        (e)     the steps taken by the managing controller to obtain the consent of the holder of the prior charge to the sale or disposal; and

        (f)     the identity of any other persons who, to the knowledge of the applicant, hold an interest in the property.

“(2) As soon as practicable after filing the application and affidavit, and in any event not later than 7 days after the date of filing, the applicant shall serve a copy of the application and affidavit on—

        (a)     the person identified in that affidavit as the holder of the prior charge;

        (b)     any other person identified in that affidavit as holding an interest in the property; and

        (c)     the company concerned.

Receiver's power to carry on a corporation's business during a winding up—section 420 C

“28C. As soon as practicable after filing an application under section 420C, and in any event not later than 7 days after the date of filing, the applicant shall serve a copy of the application on the liquidator of the corporation.”.

Inquiry as to conduct of a controller—section 423