Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1993) - REG 38

Application for leave to commence or continue proceedings against a company—section 471 B

“46. (1) This rule applies to a proceeding in the Court—

        (a)     against a company that is being wound up in insolvency or by the Court;

        (b)     in respect of which a provisional liquidator has been appointed; or

        (c)     in relation to property of a company that is being wound up in insolvency or by the Court.

“(2) If the proceeding was commenced before—

        (a)     the making of a winding up order; or

        (b)     the appointment of a provisional liquidator;

an application under section 471B for leave to proceed with the proceeding may be made by notice of motion in the proceeding or in the winding up proceedings.

“(3) If a person seeks leave under section 471B to begin a proceeding, the application for leave may be made by notice of motion in the winding up proceedings.

Transitional provisions for winding up applications

“47. Rules 36, 37 and 41 set out in Schedule 13A to these Rules apply to an application for a winding up order under section 460 or 461 that is made before 23 June 1993 and to proceedings in relation to such an application.”.

Appointment of provisional liquidator—section 472