Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1993) - REG 27

Court's power to fix receiver's remuneration—section 425

“30A. As soon as practicable after filing an application under section 425, and in any event not later than 7 days after the date of filing, the applicant shall serve a copy of the application on—

        (a)     if a liquidator of the corporation is not the applicant—that liquidator;

        (b)     if an administrator of the corporation is not the applicant—that administrator;

        (c)     if an administrator of a deed of company arrangement executed by the corporation is not the applicant—that administrator;

        (d)     if the receiver concerned is not the applicant—the receiver; and

        (e)     the Commission.

Court's power to remove controller for misconduct—section 434 A

“30B. (1) Evidence brought by an applicant in support of an application for the removal of a controller under section 434A shall include an affidavit—

        (a)     stating any material facts relied upon by the applicant in support of the application; and

        (b)     identifying the grounds on which it is said that the controller should be removed.

“(2) As soon as practicable after filing the application and affidavit in support, 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 controller; and

        (b)     the corporation concerned.

Removal of redundant controller—section 434 B

“30C. (1) An application for the removal of a redundant controller under section 434B shall be accompanied by an affidavit setting out—

        (a)     the nature of the property in relation to which the controller is appointed;

        (b)     the identity of the holder of the charge under which the controller is appointed; and

        (c)     the grounds on which the applicant relies to allege that the controller is redundant.

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

        (a)     the person specified in that affidavit as the holder of the charge under which the controller was appointed; and

        (b)     the controller.”.

Stay of proceedings where company is under official management—section 444