Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSCHEDULE 1 Rule 66
AMENDMENTS OF SCHEDULE 12
Omit “or ‘(under official management)' must”, substitute “, ‘(under official management)' or ‘(under administration)' shall”.
Omit “or ‘(under official management)' must”, substitute “, ‘(under official management)' or ‘(under administration)' shall”.
(a) Omit “ (No heading or title) ”, substitute—
“ IN THE SUPREME COURT
OF
THE AUSTRALIAN CAPITAL TERRITORY ”.
(b) Omit “In Proceedings No. of 19 commenced on (date), (name of applicant) ”, substitute “ (Name of applicant) ”.
(c) Omit “ must comply with Order 75B, subrule 12 (6) (OR subrule 13 (5)) of the Rules of the Supreme Court of the Australian Capital Territory by filing ”, substitute “ shall file ”.
(d) Omit “ This notice is inserted by (name of solicitors) of (address), solicitors for the applicant. ”.
Omit the form, substitute the following form:
FORM 79
NOTICE OF INTENTION TO APPEAR AT HEARING
(and insert if
applicable)
AND OF GROUNDS OF OPPOSITION TO A WINDING UP APPLICATION
(Order 75B, subrules 12 (6), 13 (5), 14 (18), 20 (7), 22 (9), 33 (6), 36 (10) and (11), 37 (11) and (12), 64A (4) and 78 (4))
(Heading in Form 75)
NOTICE OF INTENTION TO APPEAR AT HEARING RELATING TO
(Name of company in capitals) (“the company”)
(Insert where the company to which a winding up application under section 459P, 461, 462 or 464 relates, opposes the application)
1. The company intends to appear at the hearing of the winding up application and to oppose that application. The grounds of opposition to the application are (grounds of opposition).
OR
(Insert where the person appearing is not the company to which the application relates)
1. (Name of person who intends to appear at hearing) of (address of person who intends to appear at hearing) (“the person appearing”) intends to appear on the hearing of the application advertised to be heard at (time) on (date) and to
(if the person appearing intends to support the applicant's application) support the applicant's application.
OR
(if the person appearing intends to oppose the applicant's application) oppose the applicant's application.
(Insert where the person appearing is not the company to which the application relates and intends to oppose the winding up application)
The grounds of opposition to the application are (grounds of opposition).
(Insert where the person appearing is not the company to which the application relates)
2. The address for service of the person appearing is (address for service).
(Insert where the person appearing is a contributory)
3. The person appearing is a contributory holding (number and class of shares held) shares in the company.
OR
(Insert where the person appearing is a creditor)
3. The company is indebted to the person appearing in the sum of $ (specify amount).
OR
(Insert where the person appearing has standing to appear on any other ground)
3. The person appearing has standing to appear at the hearing of the application on the ground that (ground).
Date: e.g. 7 May 19
................................................
Signature of person
appearing
or his or her solicitor
Name of person appearing
or his or her
solicitor:
[ NOTE: Section 465C of the Corporations Law provides that, on the hearing of an application under section 459P, 462 or 464, a person may not, without the leave of the Court, oppose the application unless, within the period prescribed by the Rules, the person has filed and served on the applicant notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. ]
Omit “ 37 (9), 62 (6) ”, substitute “ 37 (13), 64A (5) ”.
(a) After “ (No heading or title) ”, insert—
“ IN THE SUPREME
COURT OF
THE AUSTRALIAN CAPITAL TERRITORY ”.
(b) Omit “ Signature of applicant's solicitor ”.
After “ To: (Name and address of creditor) ”, insert—
“ IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL
TERRITORY ”.
Omit “ commenced on (date) ”.
(a) After “ (No heading or title) ”, insert—
“ IN THE SUPREME COURT OF
THE AUSTRALIAN
CAPITAL TERRITORY ”.
(b) Omit “ commenced on (date) ”.
(c) Omit “ Subrule 14 (16) of Order 75B of the Rules of the Supreme Court of the Australian Capital Territory provides that any ”, substitute “ Any ”.
(d) Omit “ must comply with Order 75B, subrule 13 (18) of the Rules of the Supreme Court of the Australian Capital Territory by filing ”, substitute “ shall file ”.
(e) Omit “ by serving ”, substitute “ serve ”.
(f) Omit “ This notice is inserted by (name of solicitors) of (address), solicitors for the Company. ”.
(a) After “ (No heading or title) ”, insert—
“ IN THE SUPREME
COURT OF
THE AUSTRALIAN CAPITAL TERRITORY ”.
(b) Omit “ This notice is inserted by (name of solicitors) of (address), solicitors for the company. ”.
(a) Omit “ (No heading or title) ”, substitute—
“ IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL
TERRITORY ”.
(b) Omit “ commenced on (date application was filed) ”.
(c) Omit “ an order under section 260 of the Corporations Act in respect of the above company (where ”, substitute “ orders under section 260 of the Corporations Law in respect of the above company (and insert where ”.
(d) Omit “ must comply with Order 75B, subrule 20 (7) of the Rules of the Supreme Court of the Australian Capital Territory by filing ”, substitute “ shall file ”.
(e) Omit “ serving ”, substitute “ serve ”.
(f) Omit “ This notice is inserted by (name of solicitors) of (address), solicitors for the applicant. ”.
(a) Omit “ (No heading or title) ”, substitute—
“ IN THE
SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY ”.
(b) Omit “ must comply with Order 75B, subrule 22 (9) of the Rules of the Supreme Court of the Australian Capital Territory by filing ”; substitute “ shall file ”.
(c) Omit “ by serving ”, substitute “ serve ”.
(d) Omit “ This notice is inserted by (name of solicitors) of (address), solicitors for the applicant. ”.
(a) Omit “ (No heading or title) ”, substitute—
“ IN THE SUPREME COURT OF
THE AUSTRALIAN
CAPITAL TERRITORY ”.
(b) Omit “ (name of company) ” (wherever occurring), substitute “ the Company ”.
(c) Omit—
“ (variation of the resolution) must comply with Order 75B, subrule 33 (6) of the Rules of the Supreme Court of the Australian Capital Territory by filing a notice of appearance in Form 79 together with any affidavit on which he or she intends to rely at the hearing of the application and by serving ”,
substitute—
“ (OR variation of the resolution) shall file a notice of appearance in accordance with Form 79 together with any affidavit on which he or she intends to rely at the hearing of the application and serve ”.
(d) Omit “ This notice is inserted by (name of solicitors) of (address), solicitors for the applicant. ”.
After Form 92 insert the following forms:
FORM 92A
NOMINATION OF ADMINISTRATOR
(Order 75B, subrule 34G (2))
(Heading in Form 75)
To: The Registrar
Supreme Court of the Australian Capital Territory
(Name of applicant) nominates (name of person nominated for appointment as administrator) of (address of person nominated for appointment as administrator) to act as the administrator of (name of company) (OR the administrator of a deed of company arrangement relating to (name of company)), if appointed by the Court.
This application is filed by (name of solicitors), solicitors for the applicant, whose address for service is (address for service).
Date: e.g. 7 May 19
Signature of applicant or his or her solicitor
Name of
applicant or his or her solicitor:
[NOTE TO APPLICANTS: The Court may determine that an administrator other than the person nominated by the Registrar should be appointed.]
NOMINATION OF ADMINISTRATOR
To: (Name of applicant or his or her solicitor)
Of: (Address for service)
Pursuant to your application for the nomination of an administrator under Order 75B of the Supreme Court Rules, the Registrar has nominated:
Name: (name of administrator) of
Address: (address of administrator)
to act as administrator of (name of company) (OR administrator of a deed of company arrangement relating to (name of company)), if appointed by the Court.
Signed:
Registrar
Date: e.g. 7 May 19
[NOTE TO APPLICANTS: The Court may determine that an administrator other than the person nominated by the Registrar should be appointed.]
[NOTE: The name and address of the nominated
administrator is to be completed by the Registry.]
FORM 92B
CONSENT OF ADMINISTRATOR
(Order 75B, subrule 34G (3))
(Heading in Form 75)
1. I, (name of nominated administrator) of (address) acknowledge that I have been nominated by (name of applicant) of the Supreme Court of the Australian Capital Territory to act as the administrator of (name of company) (“the company”) (OR as administrator of a deed of company arrangement relating to (name of company) (“the company”)).
2. To the best of my knowledge, information and belief, neither I nor my firm has any conflict of interest which would make it improper for me to act as administrator of the company (OR as administrator of the deed of company arrangement relating to the company).
3. I undertake to notify the Court without delay if any conflict emerges.
Dated:
Signature of
Administrator
Name of Administrator
FORM 92C
NOTICE OF APPLICATION TO FILL
OFFICE OF
ADMINISTRATOR OF COMPANY UNDER SECTION 449C
OF THE CORPORATIONS LAW
OR
NOTICE OF APPLICATION TO FILL OFFICE OF
ADMINISTRATOR OF DEED OF COMPANY
ARRANGEMENT
UNDER SECTION 449D OF THE CORPORATIONS LAW
(Order 75B, subrule 34G (4))
IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY
NOTICE OF APPLICATION RELATING TO (name of company in capitals)
AUSTRALIAN COMPANY NUMBER: (specify Australian company number of the company to which the proceedings relate)
1. (Name of applicant) will apply to the Supreme Court of the Australian Capital Territory at (time) on (date) at (address of Court) for an order under section 449C of the Corporations Law that a person be appointed as administrator of the above company (OR for an order under section 449D of the Corporations Law that a person be appointed as administrator of a deed of company arrangement).
2. The applicant's address for service is (specify address for service).
3. Any person intending to appear at the hearing shall file a notice of appearance in accordance with Form 79 and serve that notice of appearance on the applicant at its address for service shown above, not later than 2 days before the day appointed for the hearing of the application.
(a) Omit “ 460 (SECTION 461) ”, substitute “ 459P (OR 462) ”.
(b) Omit “ 36 (5) and 37 (5) ”, substitute “ 36 (8) and 37 (9) ”.
(c) After “ (No heading or title) ”, insert—
“ IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL
TERRITORY ”.
(d) Omit—
“In Proceedings No. of 19 commenced on (date), (name of applicant) will apply to the Supreme Court of the Australian Capital Territory at (time) on (date appointed for directions under rule 8 of Order 2A) at (address of Court) for an order that (name of company) (‘Company') be wound up. ”,
substitute—
“ (Name of applicant) will apply to the Supreme Court of the Australian Capital Territory at (time) on (date appointed for directions under Order 2A, rule 8) at (address of Court) in Proceedings No. of 19 for an order that (name of company) (‘Company') be wound up. ”.
(e) Omit—
“ Subject to the Rules, the Registrar of the Court will permit a contributory, member, creditor or officer of the company to inspect the application and any affidavit in relation to the application and will provide a copy of the application and of any affidavit in relation to the application to a contributory, member, creditor or officer of the company on payment of the prescribed fee.
Any person intending to appear at the directions hearing must comply with Order 75B, subrule 36 (8) (OR subrule 37 (8)) of the Rules of the Supreme Court of the Australian Capital Territory by filing a notice of appearance in Form 79 and serving that notice of appearance on the applicant at its address for service shown above not later than 2 days before the date appointed for directions under Order 2A, rule 8.
This notice is inserted by (name of solicitors) of (address), solicitors for the applicant ”,
substitute—
“ Any person intending to appear at the directions hearing shall file a notice of appearance in accordance with Form 79 and an affidavit verifying any grounds of opposition to the winding up application in accordance with Form 93B and shall serve the notice of appearance and affidavit on the applicant at its address for service shown above, not later than 2 days before the day appointed for the hearing. ”.
Omit the forms, substitute the following forms:
FORM 93A
AFFIDAVIT VERIFYING GROUNDS OF
OPPOSITION
TO WINDING UP APPLICATION UNDER
SECTION 459P, 462 or 464
(Order 75B, subrules 36 (10) and (11) and 37 (11) and (12))
(Heading in Form 75)
On (date), I (name, address and occupation) say on oath:
1. I refer to the Notice of Intention to Appear at a Hearing and of Grounds of Opposition to a Winding Up Application dated (date) signed by (signatory to notice).
2. I believe that the statements of fact in the notice are true.
SWORN at: )
before me: )
...............................................................
A Justice of the Peace
FORM 93B
AFFIDAVIT UNDER SECTION 459E OF
THE CORPORATIONS LAW
(Order 75B, rule 36A)
(Name of creditor)
Creditor
(Name of company)
Debtor
AFFIDAVIT
On (date), I (name, address and occupation) say on oath:
1. To my knowledge, the amount of $ (amount or amounts) is due and payable by the debtor to the creditor.
2. (Specify details of how and when the debt was incurred).
SWORN at: )
before me: )
......................................................
A Justice of the Peace
[IMPORTANT NOTE:
(1) This affidavit accompanies a statutory demand under section 459E of the Corporations Law.
(2) No proceedings have been commenced in respect of the debt to which the affidavit relates.
(3) Any questions relating to this affidavit or the debt to which it relates should be directed either to the person named as applicant or the applicant's solicitors.]
FORM 93C
APPLICATION TO WIND UP A COMPANY
UNDER SECTION 459P OF THE
CORPORATIONS LAW
(Order 75B, subrules 37 (2) and (3))
(Heading in Form 75)
1. The applicant claims:
(a) an order that (name of company) be wound up.
(b) (specify any other orders).
(INSERT THE FOLLOWING, ONLY IF THE WINDING UP APPLICATION RELIES ON A FAILURE TO COMPLY WITH A STATUTORY DEMAND)
2. Pursuant to section 459Q of the Corporations Law, the applicant states as follows:
(If service was on directors of the company)
(a) On (date) the applicant (OR the applicant's solicitors) ascertained from records maintained by the Australian Securities Commission that (name of director) of (address of director) and (name of second director) of (address of second director) were directors of (name of company) (“the company”). A statutory demand on the form annexed and marked “A” was served on each of (name of first director) on (date) and on (name of second director) on (date).
(OR)
(If notice was served at the registered office of the company and an officer or employee received the notice)
(a) On (date) the applicant (OR the applicant's solicitors) ascertained from records maintained by the Australian Securities Commission that the registered office of (name of company) (“the company”) was then situated at (address of registered office). On (date) a statutory demand in the form annexed and marked “A” was left at the registered office of the company with (name of person, if known).
(OR)
(If notice was served at the registered office the company and no officer or employee received the notice)
(a) On (date) the applicant (OR the applicant's solicitors) ascertained from records maintained by the Australian Securities Commission that the registered office of (name of company) (“the company”) was situated at (address of registered office). On (date) a statutory demand in the form annexed and marked “A” was left at the registered office of the company, at which it appeared the company was still carrying on business because (specify reason) (OR with which it appeared the company had the following connection, namely that (specify connection)).
(OR)
(If notice was served by post)
(a) On (date) the applicant (OR the applicant's solicitors) ascertained from records maintained by the Australian Securities Commission that the registered office of (name of company) (“the company”) was situated at (address of registered office). On (date) a statutory demand in the form annexed and marked “A” was posted by prepaid mail addressed to the company at its registered office. That notice has not been returned to the applicant or its solicitors by Australia Post as unclaimed.
(If the demand has been varied by an Order under subsection 459H (4) of the Corporations Law.)
(b) Annexed and marked “B” is a copy of an order made by the Supreme Court of the Australian Capital Territory under subsection 459H (4) of the Corporations Law on (date), that varied the statutory demand which is Annexure “A”.
(c) The company did not comply with the requirements of the statutory demand which is Annexure “A” (OR the statutory demand which is Annexure “A”, as varied by the order which is Annexure “B”) within the period for compliance, being the period of 21 days after the demand was served (OR the period specified in an order made by the Supreme Court of the Australian Capital Territory on (date) extending the period for compliance) (OR the period ending 7 days after an application to set aside the statutory demand was finally determined or otherwise disposed of).
(OR, INSERT THE FOLLOWING, ONLY IF THE WINDING UP APPLICATION RELIES ON A FAILURE TO COMPLY WITH A STATUTORY DEMAND)
2. The grounds on which the applicant relies to allege that the company is insolvent are (grounds).
DATED:
Signature of applicant's solicitor
Name of applicant's solicitor:
Address for Service:
To the Respondent: (address)
If the Court thinks fit, it may hear and determine the application at the time and place specified below, or on a day subsequently appointed for directions in the proceedings. If there is no attendance before the Court by you or by your counsel or solicitor at the time and place specified below, the application may be dealt with and judgment may be given or an order made in your absence.
Before any attendance at that time you must file an appearance in the Registry.
APPOINTMENT FOR DIRECTIONS HEARING
Time: (date and time to be entered by Registry unless fixed by Court)
Place: (address of Court)
Date:
..............................................
Registrar
The applicant's address for service is (address for service).
The applicant's address is (if a natural person—specify residence or place of business; if a body corporate—specify principal place of business).
FORM 94
AFFIDAVIT VERIFYING DEBT UNDER SECTION 459Q
OF THE CORPORATIONS LAW
(Order 75B, subrule 37 (4))
(Heading in Form 75)
On (date), I (name, address and occupation) say on oath:
1. The amount of $ (amount) is due and payable by the respondent to the applicant.
2. (Specify details of how and when the debt was incurred).
3. The respondent has failed to pay the amount of $ (amount) to the applicant or to secure or compound for that amount to the reasonable satisfaction of the applicant.
SWORN at: )
before me: )
.........................................................
A Justice of the Peace
FORM 95
AFFIDAVIT THAT DEBT REMAINS UNPAID
(Order 75B, subrule 38 (1))
(Heading in Form 75)
On (date), I (name, address and occupation) say on oath:
1. I am the (specify) of the applicant herein.
(If the debt is not a judgment debt)
2. I refer to my earlier affidavit made on (date on which affidavit under paragraph 37 (4) (b) was made) and filed in these proceedings. As at the date of the affidavit, the respondent was indebted to the applicant in the amount of (specify amount).
(OR)
(If the debt is a judgment debt)
2. On the date on which the application for a winding up order was filed by the applicant in these proceedings, the respondent was indebted to the applicant in the amount of (specify amount) by reason of the judgment of (specify Court) in proceedings number (number) given on (date of judgment). Annexed and marked “A” is a copy of the Court order giving rise to the judgment debt.
3. As at the date of this affidavit, the respondent is indebted to the applicant in the amount of (specify amount). The respondent has failed to pay the amount or to secure or compound for it to the reasonable satisfaction of the applicant.
SWORN at: )
before me: )
..........................................................
A Justice of the Peace
(a) Omit “ subrule 38 (1) and ”.
(b) Omit from clause 2 “ affairs of the said ”.
(c) After clause 2, insert the following clause before the note:
“ 3. The applicant's costs (including reserved costs) be taxed and reimbursed out of the property of the company in accordance with subsection 466 (2) of the Corporations Law. ”.
(a) Omit “ subrule 41 (2) ”, substitute “ subrule 41 (1) ”.
(b) Omit from clause 3 “ affidavit ”, substitute “ further affidavits ”.
Omit the forms, substitute the following forms:
FORM 98
NOTICE OF APPLICATION BY SUBSTITUTED APPLICANT
UNDER SECTION 459P OR
SECTION 462 OF THE
CORPORATIONS LAW
(Order 75B, subrule 41 (1))
IN THE
SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY
NOTICE OF APPLICATION RELATING TO (name of company in capitals)
AUSTRALIAN COMPANY NUMBER: (specify Australian Company Number of the company to which the proceedings relate)
1. (Name of substituted applicant), who was, with the leave of the Court, substituted as applicant in respect of Proceedings No. of 19 , will apply to the Supreme Court of the Australian Capital Territory at (time) on (date) at (address of Court) for an order that the company to which this application relates be wound up.
2. The address for service of the substituted applicant is (address for service).
3. Any person intending to appear at the directions hearing shall file a notice of appearance in accordance with Form 79 and serve a copy of the notice on the applicant at its address for service shown above not later than 2 days before the date appointed for the hearing.
Dated:
FORM 99
NOTICE TO
LIQUIDATOR (OR PROVISIONAL LIQUIDATOR)
OF APPOINTMENT
(Order 75B, subrules 39 (2), 42 (1), 48 (2) and 49 (1))
(Heading in Form 75)
To: (Name and address
of liquidator OR provisional liquidator)
(Insert if liquidator was appointed)
(Name of company) of (address of registered office of company)
was wound up by order of the Court made on (date) (name and address of
liquidator) was appointed as the liquidator of that company.
(OR)
(Insert if
provisional liquidator was appointed)
By order of the Court on
(date) (name and address of provisional liquidator) was appointed as
provisional liquidator of (name of company) of (address of registered office
of company).
...........................................
Registrar
Date:
e.g. 7 May 19
[NOTE: Where a liquidator is appointed by the Court, Order 75B,
rule 39 of the Supreme Court Rules permits the Court to direct that copies of
this notice be sealed forthwith. If this notice is not sealed after the making
of the winding up order under rule 39, subrule 42 (1) requires that the
applicant attend at the Registry to obtain a sealed copy of a notice in this
form not later than the day after the order was made. The requirements for
service of that notice are specified in paragraphs 42 (1) (b) and (c).
Where a
provisional liquidator is appointed, subrule 49 (1) requires that the
applicant attend at the Registry to obtain a sealed copy of a notice in this
form not later than the day after the order was made. The requirements for
service and lodgment of that notice are specified in paragraphs 49 (1) (b) to
(e), inclusive.]
FORM 100
ADVERTISEMENT OF WINDING UP ORDER AND OF
APPOINTMENT OF LIQUIDATOR
(OR PROVISIONAL LIQUIDATOR)
(Order 75B, subrules 42 (1) and 49 (1))
IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY
IN THE MATTER OF (name of the company to which the proceedings relate)
AUSTRALIAN COMPANY NUMBER: (specify Australian Company Number of the company
to which the proceedings relate)
(Insert if a liquidator was appointed)
On (date), the Supreme Court of the Australian
Capital Territory in Proceedings No. of
19
ordered the winding up of (name of company) and appointed (name of liquidator)
of (address) as the liquidator of the company.
(OR)
(Insert if a provisional
liquidator was appointed)
On (date), the
Supreme Court of the Australian Capital Territory in Proceedings No. of
19 appointed (name of provisional liquidator) of
(address) as the provisional liquidator of the company.
Dated:
FORM 101
ADVERTISEMENT OF APPOINTMENT OF LIQUIDATOR
(OR PROVISIONAL LIQUIDATOR) IN
PLACE OF PREVIOUS
LIQUIDATOR (OR PROVISIONAL LIQUIDATOR)
(Order 75B, subrule 53 (5))
IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY
IN THE MATTER OF (name of the company to which the proceedings relate)
AUSTRALIAN
COMPANY NUMBER: (specify Australian Company Number of the company to which the
proceedings
relate)
On (date), in Proceedings No. of 19 ,
the Supreme Court of the Australian Capital Territory appointed (name of
liquidator/provisional liquidator) of (address) to act as the liquidator
(provisional liquidator) of (name of company) in place of the former
(liquidator/provisional liquidator).
Dated:
(a) Omit from the heading “ CREDITORS, CONTRIBUTORIES OR COMMITTEE OF INSPECTION ”, substitute “ CREDITORS OR CONTRIBUTORIES ”.
(b) Omit “ OR creditors and contributories OR the committee of inspection ”.
Omit the form, substitute the following form:
FORM 103
NOTICE BY
LIQUIDATOR OF INTENTION
TO SEEK RELEASE
(Order 75B, subrule 58 (3))
IN THE
SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY
NOTICE OF APPLICATION RELATING TO (name of company in capitals)
AUSTRALIAN COMPANY NUMBER: (specify
Australian Company Number of the company to which the proceedings relate)
1.
TAKE NOTICE that I (name of liquidator) of (address of
liquidator), the liquidator of the above company, intend to apply to
the Supreme Court of the Australian Capital Territory in Proceedings No. of
19 for my release as liquidator of the
company.
2. If your have any objection to the grant of my
release, you must file a notice of objection in accordance with Form 104 and
forward a copy of the notice to me at the address shown above, within 21 days
of publication of this notice in the Gazette .
Dated:
.........................................
Signature of liquidator
Name of
liquidator:
Omit the forms, substitute the following form:
FORM 115
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ORDER
FOR PAYMENT OF CALL
(Order 75B, subrule 63 (1))
(Heading in Form 75)
On (date) I (name and address), official liquidator, say on oath:
1. I am the official liquidator of (name of company) (“the company”).
2. On (date) I made a call of $ (amount) per share on all of the contributories of the company (or specify the class contributories on whom the call was made). Annexed and marked “A” is a copy of the notice of the call. Each of the contributories whose names are shown in the Schedule marked “B” was duly served with notice of the call in the form annexed and marked “A”.
3. Each of the contributories of the company whose name is set out in the second column of the Schedule marked “B” has not paid or caused to be paid to me the sum specified opposite his or her name in the fifth column of the Schedule, which is due from that contributory under the call.
4. The amount set out opposite the name of each of the contributories in the sixth column of the Schedule is an estimate of the amount due by that contributory in respect of the costs of applying for and giving effect to the order for payment of the call. The estimate of the costs of applying for and giving effect to the order for payment of the call has been reached by apportioning those costs equally among contributories who have not paid the call.
5. The amount set out opposite the name of each of the contributories in the seventh column of the Schedule is the total of the amount due by that contributory in respect of the call as set out in the fifth column and the amount due in respect of costs as set out in the sixth column.
SWORN at: )
Before me: )
.....................................................
A Justice of the Peace
“B”
SCHEDULE
Number on list of contrib-utories | Name | Address | Character in which included in list | Amount of call | Proportion of cost | Total amount payable |
| | | | | | | |
Omit from clause 1 “ , who is a contributory of (name of company) (“Company”) pay to the liquidator of the Company ”, substitute “ pay to the liquidator of (name of company) ”.
After Form 116, insert the following form:
FORM 116A
NOTICE FOR APPLICATION FOR LEAVE
TO DISTRIBUTE A
SURPLUS
(Order 75B, subrule 64A (3))
IN THE SUPREME COURT OF
THE AUSTRALIAN
CAPITAL TERRITORY
Notice of application for leave to distribute a surplus relating to: (name of company in capitals)
AUSTRALIAN COMPANY NUMBER: (specify Australian Company Number of the company to which the proceedings relate)
On (date) at (time) the Supreme Court of the Australian Capital
Territory at (address of Court) will hear an application by the
liquidator of (name of company) in Proceedings No. of
19 for leave to distribute a surplus in respect of
the liquidation of the company. Any person intending to appear at the hearing
shall file a notice of appearance in accordance with Form 79 together with any
affidavit on which he or she intends to rely and serve a copy of the notice
and affidavit on the liquidator at the address shown below not later than 2
days before the date appointed for the hearing of the application.
Name of
liquidator:
Address of liquidator:
Omit “ subrules 66 (1) and 66 (3) ”, substitute “ subrule 66 (2) ”.
Omit the forms, substitute the following forms:
FORM 120
NOTICE OF APPLICATION UNDER SECTION 571 OF THE
CORPORATIONS LAW
(Order 75B, subrule 78 (3))
(No heading or title)
IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY
NOTICE OF APPLICATION RELATING TO (name of company in capitals)
AUSTRALIAN COMPANY NUMBER: (specify Australian Company
Number of the company to which the proceedings relate)
1. (Name
of applicant) will apply to the Supreme Court of the Australian Capital
Territory at (time) on (date) at
(address of Court) in Proceedings No. of 19 for an order under section
571 of the Corporations Law declaring the dissolution of the above company to
have been void.
2. The applicant's address for service is
(specify address for service).
3. Any person intending to appear
at the directions hearing shall file a notice of appearance in accordance with
Form 79 and serve a copy of the notice of appearance on the applicant at its
address for service shown above not later than 2 days before the date
appointed for the hearing.
Dated:
FORM 122
SUMMONS TO ATTEND EXAMINATION
UNDER
SECTION 596A (OR SECTION 596B)
OF THE CORPORATIONS LAW
(Order 75B, subparagraph 81 (1) (b) (i) and subrule 81 (4))
(Heading in Form 75)
To: (Name and address of person to be examined)
SUMMONS TO ATTEND EXAMINATION RELATING TO (name of company in capitals)
1. You are required
to attend before the Court at the time and place specified below and from day
to day until the conclusion of your examination, to be examined on oath or
affirmation on any matters relating to the promotion, formation, management,
administration or winding up of (name of company)
(Insert if applicable)
and to produce any books in your possession or under your
control relevant to those matters.
(Insert if applicable)
You are required to bring with you and produce at the examination all books in your possession, custody or under your control relating to the above company.
2. Subsection 597 (6) of the Corporations Law provides that a person who is summoned to attend before the Court for an examination shall not, without reasonable excuse, fail to attend as required by the summons or fail to attend from day to day until the conclusion of the examination. Subsection 597 (7) of the Corporations Law provides that a person who attends before the Court for an examination shall not—
(a) without reasonable excuse—refuse or fail to take an oath or make an affirmation;
(b) without reasonable excuse—refuse or fail to answer a question that the Court directs him or her to answer;
(c) make a statement that is false or misleading in a material particular; or
(d) without reasonable excuse—refuse or fail to produce books that the summons requires him or her to produce.
3. Subsection 597 (9) of the Corporations Law provides that the Court may direct a person to produce, at an examination of the person, books that are in his or her possession and are relevant to matters to which the examination relates or will relate. Section 86 of the Corporations Law provides that a thing that is in a person's custody or is under a person's control is in that person's possession. Subsection 597 (9A) of the Corporations Law provides that a person may comply with the direction under subsection 597 (9) by causing the relevant books to be produced at the examination. Subsection 597 (10) of the Corporations Law provides that a person shall not, without reasonable excuse, refuse or fail to comply with a direction under subsection 597 (9).
Date and time of examination: (Date and time to be entered by Registry)
Place: (Address of Court)
Dated:
...................................
Registrar
Name of
applicant:
Name of applicant's solicitors:
Applicant's address for service:
FORM 124
CERTIFICATE AUTHENTICATING A TRANSCRIPT TAKEN
ON AN EXAMINATION
UNDER SECTION 596A
(OR SECTION 596B) OF THE CORPORATIONS LAW
(Order 75B, subrule 81A (4))
(Heading in Form 75)
I CERTIFY that pages to of the transcript annexed hereto are a correct record of the examination of (name of person examined) which occurred before (name of presiding Judge or Registrar) on (date) at (time).
Dated:
...............................................
Signature
Name of person who made transcript
or of responsible officer
FORM 125
CERTIFICATE OF DEFAULT IN RELATION TO AN
EXAMINATION UNDER SECTION 596A
(OR
SECTION 596B) OF THE CORPORATIONS LAW
(Order 75B, subrule 82 (1))
(Heading in Form 75)
I CERTIFY that, in respect of an examination of (name of person examined) that occurred before me on (date) at (time), (name of person examined) refused or failed to attend the examination as required by a summons under section 596A (OR section 596B).
(OR) to attend from day to day until the conclusion of the examination.
(OR) to take the oath or make an affirmation.
(OR) to answer a question which he or she was directed by me to answer.
(OR) to produce books which the summons required him or her to produce at the examination.
(OR) to produce books which the Court directed him or her to produce at the examination.
(OR) to sign the written record of his or her examination.
Dated:
.............................................
Signature
Name of presiding Judge or Registrar
Omit the form, substitute the following form:
FORM 128
AFFIDAVIT OF PRESCRIBED INFORMATION
(Order 75B, subrules 12 (2) and (3), 13 (2), 14 (20), 16 (3), 17 (2),
18 (2), 19 (2), 20 (2), 21 (1), 22 (3) and (4), 33 (3), 36 (2), 37 (4),
72 (2), 78 (2), 83 (2) and 93 (2))
(Heading in Form 75)
On (date), I (name, address and occupation) say on oath:
1. On (specify date, which shall be not earlier than 3 days before the application was filed) I undertook a search at the Australian Securities Commission at (location of ASC office) in respect of (name of company) (“the company”).
2. That search indicates that—
(a) the company was incorporated under (specify relevant statute);
(b) the date of the company's incorporation was (date of incorporation);
(c) the general nature of the business carried on by the company as disclosed in its last annual return (OR as disclosed in its annual return dated (date)) is (specify); and
(d) the address of the registered office of the company is (address).
(Insert the following paragraph only if required for the purposes of—
(i) an application within the scope of Order 75B, rule 12 of the Supreme Court Rules;
(ii) an application under Order 75B, rule 13 for an order confirming a reduction of capital under section 195 of the Corporations Law; or
(iii) an application under Order 75B, rule 22 relating to a compromise with members or creditors under section 411 of the Corporations Law.)
3. That search indicated that the amounts of the authorised and issued share capital of the company, and the classes, if any, of the issued shares are (specify).
SWORN at: )
before me: )
......................................................
A Justice of the Peace
[NOTE: Order 75B, rule 2 defines “prescribed information”, in relation to a company, as—
(a) a statement of the statute under which the company was incorporated; the date of the company's incorporation; and the general nature of any business carried on or previously carried on by the company at any relevant time;
(b) unless the company to which the proceedings relate is the applicant—a statement of the capacity in which the applicant makes the application; and
(c) unless the company to which the proceedings relate is the applicant or has entered an appearance in proceedings—a statement of the address of the company's registered office as determined by a search of records maintained by the Commission made not earlier than 7 days before the application was filed.]