Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1993) - REG 52

Determination of value of debts and claims of uncertain value in liquidation—section 554 A

“76A. (1) An application by a liquidator under subsection 554A (2) may be made by notice of motion in the winding up proceedings.

“(2) An appeal to the Court under subsection 554A (3) against a liquidator's estimate of the value of a debt or claim—

        (a)     shall be made in accordance with Form 5; and

        (b)     shall be supported by an affidavit specifying the value that it is said should be attributed to the debt or claim and the means by which that value is derived.

“(3) An appeal to the Court under subsection 554A (6) against the way in which a method determined by the Court was applied by a liquidator—

        (a)     may be made by notice of motion in the proceedings in which that method was determined; and

        (b)     shall be supported by an affidavit specifying—

              (i)     the nature of any error that the liquidator is said to have made in applying the method determined by the Court;

              (ii)     the way in which the applicant says the liquidator should have applied the method determined by the Court; and

              (iii)     the result of the application of the method determined by the Court, in the way in which the applicant says that method should have been applied.

“(4) As soon as practicable after filing an application under subrule (2) or a motion under subrule (3), and in any event within 14 days of the date of filing, the applicant shall serve that application or motion and the affidavit in support on the liquidator.

Amendment of valuation of security in proof of debt by secured creditor—section 554 G

“76B. (1) An application under section 554G for permission to amend a proof of debt by altering the estimated value of the security shall be made in accordance with Form 5.

“(2) An application shall be supported by an affidavit setting out the basis on which the amendment of the value of the security is sought and stating the value which the applicant seeks to attribute to that security.

“(3) As soon as practicable after filing the application and affidavit in support, and in any event not later than 14 days after the date of filing, the applicant shall serve the application and affidavit in support on the liquidator.

Disclaimer of contract—section 568

“77. (1) An application under subsection 568 (1A) for leave to disclaim a contract (other than an unprofitable contract or a lease of land) may be made by notice of motion in the proceedings for the winding up order.

“(2) A liquidator who has been required to apply to the Court for leave to disclaim a contract under subsection 568 (1A) shall file an affidavit—

        (a)     setting out the parties to the contract and any persons who, to the liquidator's knowledge, are interested in the contract; and

        (b)     stating the reasons why it is said to be just to grant leave to disclaim.

“(3) An affidavit filed under subrule (2) shall be served on the parties to the contract and any person interested in the contract.

Application to set aside disclaimer before it takes effect—section 568 B

“77A. (1) An application under section 568B to set aside a disclaimer before it takes effect shall be made in accordance with Form 5.

“(2) An application under this rule shall be supported by an affidavit stating—

        (a)     the nature of the applicant's interest in the disclaimed property; and

        (b)     the grounds on which it is said that the disclaimer should be set aside.

“(3) As soon as practicable after filing the application and the affidavit in support, and in any event within the period specified in paragraph 568B (1) (a), (b) or (c), as the case may be, the applicant shall serve a copy of the application on the liquidator.

Application to set aside disclaimer after it has taken effect—section 568 E

“77B. (1) An application under section 568E to set aside a disclaimer which has taken effect shall be made in accordance with Form 5.

“(2) An application under this rule shall be supported by an affidavit stating—

        (a)     the nature of the applicant's interest in the disclaimed property; and

        (b)     the reasons why it is said to be just to grant leave to set aside the disclaimer after it has taken effect.

“(3) As soon as practicable after filing the application and the affidavit in support, and in any event not later than 14 days after the date of filing, the applicant shall serve a copy of the application on the liquidator.

Vesting of disclaimed property by Court order—section 568 F

“77C. (1) An application under section 568F shall be made in accordance with Form 5.

“(2) The Court may direct that notice of an application be given by advertisement or otherwise to such persons or classes of persons as the Court determines, and may adjourn the application for that purpose.”.

Substitution