Notice of certain applications to be given to ASIC
2.8 Notice of certain applications to be given to ASIC
This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on ASIC or notice of particular matters is to be given to ASIC.
This rule does not apply to a person making an application if the person is ASIC or a person authorised by ASIC.
Unless the Court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in column 2 of an item of the following table, the person must serve on ASIC, a reasonable time before the hearing of the application, a copy of the originating process, or interlocutory process, and supporting affidavit in respect of the application.
Item | Provision | Description of application |
|---|---|---|
1A | Section 423 | To inquire into the conduct of a controller |
1 | Section 480 | For the release of a liquidator of a company and the deregistration of the company |
2 | Subsection 482(1) | For the stay or termination of a winding up |
3 | subsection 509(2) | For the deregistration of a company |
5 | Subsection 601AH(2) | To reinstate the registration of a company |
6 | Subsection 601CC(8) | To restore the name of an Australian body to the register |
7 | Subsection 601CL(9) | To restore the name of a foreign company to the register |
8 | Chapter 6, 6A, 6B, 6C, 6D or 7 | Any application under these Chapters |
9 | Subsections 1317S(2), (4) and (5) | For relief from liability for contravention of a civil penalty provision |
10 | subsection 45‑1(3) of the Insolvency Practice Schedule (Corporations) | For an order under subsection 45‑1(1) of the Insolvency Practice Schedule (Corporations) in relation to a registered liquidator |
11 | subsection 90‑10(1) of the Insolvency Practice Schedule (Corporations) | For an inquiry into the external administration of a company |
12 | section 90‑20 of the Insolvency Practice Schedule (Corporations) | For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company |
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