Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1993) - REG 49

49. After rule 64 of Order 75B of the Principal Rules the following rule is inserted:

Distribution of surplus—subsection 488 (2)

“64A. (1) This rule applies to an application for leave to distribute a surplus under subsection 488 (2).

“(2) An application under this rule shall be supported by an affidavit specifying the manner in which the liquidator proposes that the surplus be distributed, including the names and addresses of each person to whom any part of the surplus would be distributed.

“(3) Notice of the application shall be given by publication of a notice in accordance with Form 116A in the manner prescribed by rule 104 not later than 14 days before the date set for hearing of the application.

“(4) A person who intends to appear at the hearing of the application shall—

        (a)     file a notice of appearance in accordance with Form 79, together with any affidavit on which he or she intends to rely; and

        (b)     serve the notice of appearance on the liquidator, not later than 2 days before the date appointed for the hearing.

“(5) At the first directions hearing or any subsequent directions hearing, the Court may direct the liquidator, or his or her solicitors, to prepare and file a list in accordance with Form 80 of the names and addresses of persons who have given notice of their intention to appear in the proceedings.”.

Supervision of liquidators by the Court—section 536



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