Uniform Civil Procedure Rules 1999

This rule applies to an application by a special manager of the property or business of a company for an order the Corporations Act, section 484(2) fixing the special manager’s remuneration.

The application must be made by interlocutory application in the winding up proceeding.

At least 21 days before filing the interlocutory application seeking the order, the special manager must serve a notice in form 16 of the special manager’s intention to apply for the order, and a copy of any affidavit on which the special manager intends to rely, on the following persons—

the liquidator of the company;

each member of any committee of inspection or, if there is no committee of inspection, each of the 5 largest (measured by amount of debt) creditors of the company;

each member of the company whose shareholding represents at least 10% of the issued capital of the company.

Within 21 days after the last service of the documents mentioned in subrule (3), the liquidator, or any creditor or contributory, may give to the special manager a notice of objection to the remuneration claimed, stating the grounds of objection.

If the special manager does not receive a notice of objection within the period mentioned in subrule (4)—

the special manager may file an affidavit, made after the end of that period, in support of the interlocutory application seeking the order stating—

the date, or dates, when the notice and affidavit required to be served under subrule (3) were served; and

that the special manager has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and

the special manager may endorse the interlocutory application with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the special manager; and

the application may be so dealt with.

If the special manager receives a notice of objection within the period mentioned in subrule (4), the special manager must serve a copy of the interlocutory application seeking the order—

on each creditor or contributory who has given a notice of objection; and

on the liquidator.

The affidavit in support of the interlocutory application seeking the order must—

state the nature of the work performed or likely to be performed by the special manager; and

state the amount of remuneration claimed; and

include a summary of the receipts taken and payments made by the special manager; and

state particulars of any objection of which the special manager has received notice; and

if the special management is continuing—give details of any matters delaying the completion of the special management.