Consent of liquidator (s. 532(9) of the Corporations Act)—Form 8
5.5 Consent of liquidator (s. 532(9) of the Corporations Act)—Form 8
In this Rule—
liquidator does not include a provisional liquidator.
Rule 5.5(2) amended by S.R. No. 56/2018 rule 9(a).
For the purposes of section 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8.
Rule 5.5(3) amended by S.R. No. 56/2018 rule 9(a).
In an application for an order that a company be wound up, the plaintiff, upon the filing of the originating process, may file the consent mentioned in paragraph (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company.
Rule 5.5(4) amended by S.R. No. 56/2018 rule 9(b).
If the plaintiff does not file a consent in accordance with paragraph (3), the Prothonotary shall nominate in writing the registered liquidator who is entitled to be appointed as liquidator if an order for the winding up of the company is made.
Rule 5.5(5) amended by S.R. No. 56/2018 rule 9(b).
If the application is for the winding up in insolvency of 2 or more companies as joint debtors, the Prothonotary shall nominate with respect to each such company successively the registered liquidator who is entitled to be appointed as liquidator if an order for the winding up of that company is made.
The Prothonotary, from time to time as circumstances require, may make further nominations.
Rule 5.5(7) amended by S.R. No. 56/2018 rule 9(b).
Before the hearing of the application the plaintiff must obtain and file the consent in writing of the registered liquidator so nominated.
Rule 5.6 amended by S. R. No. 140/2016 rule 4, substituted by S.R. No. 56/2018 rule 10.
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