Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 12

New schedule 2

insert

Schedule 2     Powers of the court that may be exercised by the master or registrar

(see o 61 r 3 (c), (d), o 61A, r 1 (z) (za))

Part 1     Corporations Act

item

provision of Corporations Act

rule of Corporations Rules

description (for information only)

1


8

power to give directions

2


24

power to grant leave to creditor, contributory or officer to be heard in proceeding or be added as a defendant, etc

3


25

power to direct an inquiry in relation to a corporation's debts, etc

4

sections 247A and 247B


power to order inspection of books

5

section 252E


power to order meeting of members of registered scheme

6

section 266 (4)


power to extend period for lodgment of notice in relation to charge

7

section 267 (3)


power to give leave to enforce charge

8

section 274


power to rectify register of charges

9

section 411

29
30
31

power to make order in relation to administration of compromise or arrangement etc

10

section 418A


power to make declaration about validity of controller's appointment and in relation to control of property

11

section 419


power to make order relieving person who incurs liability in belief that properly appointed as a receiver

12

section 419A


power to relieve controller from liability

13

section 420B


power to authorise managing controller to dispose of property despite prior charge

14

section 420C


power to authorise receiver to carry on corporation's business during the winding-up

15

section 423

32

power to inquire into conduct of controller

16

section 424


power to give directions in relation to controller's functions and powers

17

section 425

60

power to fix amount of remuneration of a receiver

18

section 429 (3)


power to extend time for report

19

section 434B


power to remove redundant controller

20

section 438D


power to direct administrator to give a report

21

section 440B


power to grant leave to enforce a charge

22

section 440C


power to grant leave to take possession of property

23

section 440D


power to grant leave to begin or proceed with a proceeding in a court against a company that is in administration, or in relation to any of its property

24

section 440F


power to grant leave to begin or proceed with enforcement process in relation to the property of a company

25

section 440G (7)


power to authorise a court officer to take action or to make a payment that would be prohibited

26

section 440J


power to grant leave to take enforcement action under a guarantee

27

section 441D


power to limit powers of chargee in relation to charged property

28

section 441H


power to limit powers of receiver etc in relation to property used by company

29

section 442C


power to grant leave to administrator to dispose of encumbered property

30

section 443B (8)


power to grant relief of administrator from personal liability for rent

31

section 444B (2)


power to extend time for execution of deed of company arrangement

32

section 444C (2)


power to grant leave to act inconsistently with deed of company arrangement

33

section 444E (3)


power to grant leave to person bound by deed of company arrangement to begin or proceed with enforcement process in relation to property of company

34

section 444F


power to order secured creditor or owner or lessor of property not to take certain actions

35

section 445B


power to make an order cancelling a variation of a deed of company arrangement

36

section 445D


power to make order terminating a deed of company arrangement

37

section 445G


power to avoid or validate deed of company arrangement

38

section 447A


power to make order to bring administration to an end

39

section 447B


power to make order to protect interests of company's creditors during an administration

40

section 447C


power to declare whether administrator is validly appointed

41

section 447D


power to give directions to administrator

42

section 447E


power to make order about supervision of administrator of company or deed of company arrangement

43

section 449B


power to make order about removal and appointment of administrator

44

sections 449C and 449D


power to make order in relation to vacancy in office of administrator of company or in office of administrator of deed of company arrangement

45

section 449E

61

power to decide or review the remuneration of administrator

46

sections 459F, 459H, 459J, 459L, 459M and 459N


power to make order in relation to statutory demands

47

sections 459A, 459B, 459C, 459D, 459P, 459R, 459S, 459T, 461, 462, 464, 465B, 465C, 466, 467, 467A and 467B

33-43

power to make orders in relation to winding-up applications

48

section 468


power in relation to validation of disposition of property

49

section 470 (2) (b)


power to direct service of copy of order on another person

50

section 471B


power to give leave to begin or proceed with proceeding or enforcement process

51

section 472

37
44

power to appoint official liquidator or provisional liquidator

52

section 473 (1)

46

power to remove liquidator

53

section 473 (2)

62

power to decide provisional liquidator's remuneration

54

sections 473 (3) and 473 (5)

63

power to decide or review liquidator's remuneration

55

section 473 (7)

47

power to fill vacancy in office of official liquidator

56

section 473 (8)


power to declare what may be done by liquidator, if more than 1 liquidator is appointed by the court

57

section 474 (2)


power to order that property vest in liquidator

58

section 475 (8)

48

power to grant leave for payment of costs and expenses incurred in preparing report under section 475

59

section 479


power to give directions in matters arising in winding-up

60

section 480

50

power to release liquidator and deregister company

61

section 481

52

power to order preparation of report on accounts of liquidator

62

section 483 (1)


power to require payment of money or transfer of property

63

section 483 (3)

53

power to order payment of a call

64

section 484

57
58
59

power to appoint special manager

65

section 486


power to make order for inspection of books by creditors or contributories

66

section 488 (2)

54

power to grant leave to distribute a surplus

67

section 490


power to grant leave to company to wind up voluntarily

68

section 495 (4)


power to make order in relation to conduct of meeting in course of members' voluntary winding-up

69

section 496 (3)


power to order that list of creditors be sent to creditors in members' voluntary winding-up

70

section 497 (3)


power to order that list of creditors be sent to creditors in creditors' voluntary winding-up

71

section 499


power to make order about liquidator if different liquidator chosen

72

section 500


power to make order about execution and civil proceedings

73

section 502

47

power to appoint liquidator

74

section 503


power to remove liquidator

75

section 504


power to review liquidator's remuneration in voluntary winding-up

76

section 507 (6)


power to sanction resolution to accept shares as consideration for sale of property of company

77

section 507 (9)


power to give directions necessary for arbitration

78

section 507 (10)


power to approve liquidator's exercise of powers in creditors' voluntary winding-up

79

section 509 (6)


power to order ASIC to deregister company on specified day

80

section 510 (3)


power to settle dispute about value of security or lien or amount of debt or set-off

81

section 511 (1) (a)


power to decide question in winding-up of company

82

section 511 (1) (b)


power to make order in relation to an application to the court to exercise powers which might be exercised if a company were being wound up by the court

83

section 532 (2)


power to grant leave for person to be appointed as liquidator

84

section 536

56
69
75

power to make order in relation to supervision of liquidators

85

section 542 (3) (a)


power to give directions in relation to destruction of books of company

86

section 543 (1)


power to make order about the investment of surplus funds

87

section 544 (2)


power to order account of funds in hands of liquidator, audit or payment of money by liquidator

88

section 545


power to direct liquidator to incur particular expense

89

section 551


power to give leave for member of committee of inspection to accept extra benefit etc

90

section 552


power to give direction or permission if no committee of inspection is appointed

91

section 554A

84

power to estimate or decide value of debts and claims of uncertain value in liquidation

92

section 554G


power to grant leave to secured creditor to amend valuation of security in proof of debt

93

section 564


power to make order in favour of creditors who give company indemnity for costs of litigation

94

sections 568, 568B, 568E and 568F

66

power to make order in relation to disclaimer of onerous property

95

sections 583 and 585

67

power in relation to winding up Part 5.7 bodies

96

sections 596A, 596B, 596F, 597, 597A and 597B

70
73
74
76

power to make order in relation to examinations

97

sections 600A to 600D


power to make order in relation to creditor's resolutions

98

section 601AH (2)


power to order reinstatement of registration of company

99

section 601BJ (2)


power to approve modification in constituent documents of registered company

100

section 601CC (9)


power to order restoration of name of registered Australian body to the Register

101

section 601CL (10)


power to order restoration of name of registered foreign company to the Register

102

section 1092

80

power to make order in relation to person summoned

103

section 1094


power to make order in relation to company's refusal to register share transfer

104

section 1096 (4)


power to make order to remedy default in issuing certificate etc

105

section 1274


power to make order if failure to give, amend etc document

106

section 1303


power to order that books be available for inspection

107

section 1319


power to give directions in relation to meetings

108

section 1321

84

power to make order in appeal from decision of receiver or liquidator

109

section 1322


power to make order in relation to irregularities

110

section 1335


power to make order about costs

Part 2     ASIC Act

item

provision of the ASIC Act

rule

description (for information only)

1

section 79 (4)


power to extend period to give notice of intention to have statements made at examination admitted



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