1.  The whole of these Rules

The day after these Rules are registered.

15

Section 48

Power to grant leave for remote appearances unrelated to remote evidence

16

Section 50

Power to grant leave for remote appearances related to remote evidence

17

Section 68

Power to register NZ judgments

18

Section 76

Power to stay enforcement of registered NZ judgment

21

Section 31A(1)

Power to give summary judgment for a prosecuting party

22

Section 31A(2)

Power to give summary judgment for a defending party

23

Section 32AB(1)

Power to order the transfer of a proceeding to the Federal Circuit and Family Court of Australia (Division 2)

24

Section 32AB(7)

Power to make a necessary order pending the disposal of a proceeding by the Federal Circuit and Family Court of Australia (Division 2)

25

Sections 37AF and 37AI

Power to make an order prohibiting or restricting the publication or other disclosure of particular evidence or the name of a party or witness

26

Section 37N(3)

Power to require a party’s lawyer to give the party an estimate of the likely duration of the proceeding or part of the proceeding and of the likely amount of costs the party will have to pay in connection with the proceeding or part of the proceeding

27

Section 37P(2)

Power to give directions about the practice and procedure to be followed in relation to the proceeding or any part of the proceeding

28

Section 37P(5)

Power to make such order or direction as is appropriate when a party fails to comply with a direction about the practice and procedure to be followed in relation to the proceeding or any part of the proceeding

29

Section 43

Power to award costs of or in connection with an application heard by a Registrar

30

Section 47(1)

Power to direct or allow the manner of giving of testimony in a proceeding other than the trial of a cause

31

Section 47(3)

Power to direct or allow proof by affidavit at the trial of a cause

32

Section 47(4)

Power to permit the use of an affidavit without cross‑examination of the maker

33

Section 47(5)

Power to order the manner of giving of testimony at the trial of a cause

34

Section 47A(1)

Power to direct or allow testimony to be given by video link, audio link or other appropriate means

35

Section 47B(1)

Power to direct or allow a person to appear or to make a submission by video link, audio link or other appropriate means

36

Section 47D

Power to direct or allow a document to be put to a person who is appearing or being examined by video link, audio link or other appropriate means

37

Section 47E(b)

Power to allow another person to administer oath or affirmation to a remote person

38

Section 47F(1)

Power to make an order for payment of expenses incurred in connection with the giving of testimony, appearance or the making of submissions by video link, audio link or other appropriate means

39

Section 48

Power to direct a change of venue for a proceeding or part of a proceeding

40

Section 51(2)

Power to make an order declaring that a proceeding is not invalid by reason of an irregularity or formal defect

41

Section 52(2)

Power to fix a rate of interest that is lower than that fixed by section 52(2)

42

Section 53A(1)(b)

Power to refer proceedings, or a part of proceedings, to a mediator for mediation

43

Section 56(1)

Power to order an applicant or appellant to give security for costs

44

Section 56(2)

Power to direct the amount, the time for giving, and the manner and form of security

45

Section 56(3)

Power to reduce or increase the amount of security

46

Section 56(3)

Power to vary the time of giving or the manner and form of security

47

Section 56(4)

Power to order that a proceeding or appeal be dismissed

91

Rule 1.04(3)

Power to order that the Federal Court Rules as in force immediately before 1 August 2011 apply to a step in a proceeding

92

Rule 1.33

Power to make an order subject to conditions

93

Rule 1.34

Power to dispense with compliance with a requirement of the Rules

94

Rule 1.35

Power to make an order inconsistent with these Rules

95

Rule 1.38

Power to fix the time within which an act or thing is to be done

96

Rule 1.39

Power to make an order to extend or abridge a time

97

Rule 1.40

Power to exercise a power on a Registrar’s own initiative or on the application of a person who has a sufficient interest in the proceeding

98

Rule 1.41

Power to give judgment or make an order even if the applicant has not made a claim for that relief

99

Rule 1.42

Power to specify in an order the consequences of non‑compliance

100

Rule 2.02

Power to transfer a proceeding to another place

101

Rule 2.28

Power to make an order to remove from a court file documents accepted for filing

102

Rule 2.29

Power to make an order for redaction of a document on a court file

103

Rule 2.31

Power to approve removal of documents from a Registry

104

Rule 2.32(4)

Power to give leave to a person to inspect and copy a document in a proceeding

105

Rule 2.43

Power to order that money be paid out of a Litigants’ Fund

106

Rule 4.01(2), Note 3

Power to give leave to a corporation to proceed otherwise than by a lawyer

107

Rule 4.05

Power to give leave to a lawyer to file or serve a notice of change

108

Rule 4.12

Power to refer a litigant for referral to a Pro Bono lawyer

109

Rule 5.02

Power to make an order about the time when a notice of address for service must be served

110

Rule 5.04

Power at any hearing, to make directions for the management, conduct and hearing of a proceeding

111

Rule 5.05

Power to adjourn a directions hearing from time to time

112

Rule 5.06

Power, in relation to a cross‑claim, to make directions or orders for the management, conduct and hearing of the cross‑claim

113

Rule 5.08

Power to hear and determine a proceeding on a directions hearing

114

Rule 5.21

Power to make self‑executing orders

115

Rule 5.23

Power to make an order if a party is in default as provided in rule 5.22

116

Rule 6.01

Power to:

(a) remove from the Court file a document containing matter that is scandalous, vexatious or oppressive

(b) strike such matter from the document

117

Rule 6.11

Power to grant leave for the use of a recording device or communication device in a place where a hearing is taking place

118

Rule 7.01(1)(b)

Power to make an order about property

119

Rule 7.22

Power to order discovery to ascertain description of respondent

120

Rule 7.23

Power to order a prospective respondent to make discovery to a prospective applicant

121

Rule 7.29

Power to make an order for costs and expenses

122

Rule 7.29

Power to make an order for security for costs and expenses

123

Rule 8.21

Power to order that:

(a) a document be amended; or

(b) a party have leave to amend a document

124

Rule 9.02

Power to give leave for 2 or more persons to be joined as applicants or respondents in a proceeding

125

Rule 9.05

Power to order that a person be added as a party to a proceeding and make an order for the filing and service of documents in the proceeding

126

Rule 9.08

Power to order that a person cease to be a party to a proceeding and make an order for the further conduct of the proceeding

127

Rule 9.09

Power to make an order for the joinder or removal of a party following the assignment, transmission or devolution of a party’s interest or liability, or for the future conduct of a proceeding

128

Rule 9.10

Power to order that a proceeding be dismissed if a party is not substituted for a deceased party

129

Rule 9.10, Note

Power to make an order for the service of an order mentioned in rule 9.10

130

Rule 9.12

Power to give leave to a person to intervene in a proceeding, determine the terms and conditions on which the person is to intervene and determine the rights, privileges and liabilities of the intervener

131

Rule 9.63

Power to make an order appointing a person as a litigation representative

132

Rule 9.65(1)

Power to make an order that a litigation representative be removed

133

Rule 9.65(2)

Power to make an order that proceedings be stayed until a replacement litigation representative has been appointed

134

Rule 10.23

Power to order that a document be taken to have been served on a person on a specified date

135

Rule 10.24

Power to order substituted service

136

Rule 10.26

Power to make an order about service of a notice or other document by the Court or an officer of the Court

137

Rule 11.01

Power to make an order about a person’s address for service

138

Rule 13.01

Power to make an order about an originating process

139

Rule 14.01

Power to make an order about property, a document or information

140

Rule 14.24

Power to fix remuneration for a receiver

141

Rule 15.13

Power to make an order in relation to a cross‑claim

142

Rule 15.15

Power to make an order in relation to an amendment of a notice of cross‑claim

143

Rule 16.21

Power to order that the whole or a part of a pleading be struck out

144

Rule 16.31

Power to make an order varying the times for filing and serving pleadings in a proceeding

145

Rule 16.45

Power to order a party to file and serve particulars or a statement of the nature of the party’s case

146

Rule 16.52

Power to make an order disallowing an amendment of a pleading

147

Rule 16.53

Power to grant leave to amend a pleading

148

Rule 16.54

Power to order when an amendment of a document takes effect

149

Rule 16.59

Power to make an order about the procedure for amendment of a document

150

Rule 16.60

Power to make an order about the service of an amended document

151

Rule 17.01

Power to make an order about the time for service of an interlocutory application

152

Rule 17.03

Power to make an order in relation to service of an interlocutory application

153

Rule 17.04

Power to hear and dispose of an application in the absence of a party

154

Rule 19.01

Power to make an order directing the manner, time and terms for giving security for costs

155

Rule 19.01(1)(b)

Power to order that a proceeding be stayed until security is provided

156

Rule 19.01(1)(c)

Power to order that a proceeding be stayed or dismissed if security is not provided

157

Rule 20.03(2)

Power to make an order about the use of a document

158

Rule 20.13

Power to order a party to give discovery in accordance with Division 20.2

159

Rule 20.15

Power to order that non‑standard or more extensive discovery be made

160

Rule 20.16

Power to make an order about the manner and time within which discovery must be given

161

Rule 20.17(3)

Power to make an order about the form and content of a list of discovered documents

162

Rule 20.21

Power to order a party to file and serve an affidavit relating to a particular document or class of documents

163

Rule 20.22(2)

Power to order who can make an affidavit for discovery

164

Rule 20.23

Power to order a person who is not a party to make discovery to a party

165

Rule 20.25

Power to make an order for security for costs or for costs and expenses of a person ordered to make discovery pursuant to rule 20.23

166

Rule 20.31(3)

Power to order production of document for inspection

167

Rule 20.32

Power to order a party to produce a document or thing for inspection

168

Rule 20.33

Power to order production from non‑party

169

Rule 20.35

Power to:

(a) order a party to produce a document to the Court; and

(b) inspect a document for the purpose of deciding the validity of a claim for privilege or other objection to production

170

Rule 21.01

Power to order a party to provide written answers to interrogatories

171

Rule 21.03

Power to make orders about answers to interrogatories

172

Rule 21.03

Power to:

(a) require a party to specify the party’s grounds for objecting to an interrogatory; and

(b) determine the sufficiency of the objection

173

Rule 21.04

Power to specify who may make an affidavit verifying a party’s written answers to interrogatories

174

Rule 21.05

Power to make an order if a party fails to answer an interrogatory sufficiently

175

Rule 22.03

Power to make an order about the payment of the costs of proof of a fact

176

Rule 23.01

Power to appoint expert

177

Rule 23.15

Power to make orders about the evidence of expert witnesses

178

Rule 24.01

Power to give leave to issue a subpoena

179

Rule 24.12

Power to order an addressee, by subpoena:

(a) to attend to give evidence; or

(b) to produce documents; or

(c) to do both of those things

180

Rule 24.15

Power to set aside a subpoena in whole or part, or grant other relief

181

Rule 24.15

Power to order that an applicant give notice of an application to set aside a subpoena

182

Rule 24.19

Power to give a direction for the removal, return, inspection, copying and disposal of a document or thing

183

Rule 24.20

Power to give leave to inspect a document or thing

184

Rule 24.22

Power to make an order dealing with payment of reasonable loss or expense incurred in complying with a subpoena

185

Rule 26.01(1)

Power to give summary judgment for a party

186

Rule 26.01(5)(b)

Power to stay enforcement of a summary judgment

187

Rule 26.11

Power to give leave to a party to withdraw an admission or other matter operating for the benefit of another party

188

Rule 26.12(2)(c)

Power to give leave to discontinue all or part of a proceeding

189

Rule 26.12(7)

Power to make an order about the payment of costs for the whole or part of a proceeding that is discontinued without leave

190

Rule 26.15

Power to stay a further proceeding until costs are paid

191

Rule 28.02

Power to:

(a) make an order referring any proceeding or any part of a proceeding to arbitration, mediation or an alternative dispute resolution process; and

(b) adjourn or stay the proceeding; and

(c) order the arbitrator, mediator or person appointed to conduct the alternative dispute resolution process to report to the Court

192

Rule 28.03

Power to make orders about arbitration, mediation or other alternative dispute resolution process

193

Rule 28.04

Power to terminate a mediation or alternative dispute resolution process

194

Rule 29.06

Power to make an order about the filing of an affidavit that is irregular in form

195

Rule 29.07

Power to give leave to use an affidavit

196

Rule 29.08

Power to give a direction about the service of an affidavit

197

Rule 29.09

Power to give leave to use an affidavit if the maker of the affidavit fails to attend for cross‑examination

198

Rule 30.01

Power to make an order for the decision of a question to be heard separately from another question

199

Rule 30.01, Note 1

Power to make an order for the statement of a case and the question for decision

200

Rule 30.11

Power to order that several proceedings be consolidated, tried at the same time or in a specified order, or stayed until the determination of one of the proceedings

201

Rule 30.21

Power to make an order if a party is absent when a proceeding is called on for trial

202

Rule 30.21

Power to set aside or vary an order made in the absence of a party and make an order for the further conduct of a proceeding

203

Rule 30.22

Power to adjourn a proceeding or strike out a proceeding if no party appears at trial

204

Rule 30.23

Power to make an order limiting time for or the number of witnesses that a party may call, or documents that a party may tender, or make an order as to the length and manner of submissions

205

Rule 30.24

Power to give judgment and make an order for entry of judgment after the death of a party

206

Rule 30.25

Power to give leave to a party to read evidence taken or an affidavit filed in other proceedings

207

Rule 30.28

Power to make an order about the production of a document or thing on notice

208

Rule 30.33

Power to:

(a) make an order requiring the production of a party who is in lawful custody to a proceeding before the Court; and

(b) make an order in relation to the continuing custody of the party

209

Rule 30.34

Power to make an order for the attendance of a person for examination, or for the attendance of the person and the production of a document or thing by the person

210

Rule 33.22

Power to make directions

211

Rule 36.09

Power to order security for costs of appeal

212

Rule 36.11

Power to give a direction for the conduct of an appeal

213

Rule 39.01

Power to order that a judgment or order take effect on a specified date

214

Rule 39.02

Power to order the time for compliance with an order

215

Rule 39.04

Power to vary or set aside a judgment or order before it has been entered

216

Rule 39.05

Power to vary or set aside a judgment or order after it has been entered

217

Rule 39.11

Power to make an order in the terms of a written consent of the parties

218

Rule 39.32

Power to direct that an order be entered

219

Rule 39.35

Power to direct that an order be entered by being authenticated in Court

220

Rule 40.02

Power to make an order about the amount of costs

221

Rule 40.03

Power to make an order about reserved costs

222

Rule 40.06

Power to make an order about disallowance of costs

223

Rule 40.07

Power to do any of the following:

(a) disallow costs;

(b) direct a lawyer to repay costs;

(c) direct a lawyer to indemnify another party

224

Rule 40.13

Power to make an order about when costs must be taxed

225

Rule 40.51

Power to make an order specifying the maximum costs that may be recovered in a proceeding

226

Rule 41.01

Power to give a direction for the enforcement or execution of an order

227

Rule 41.10

Power to make an order, issue a writ or take another step to enforce a judgment or order

241

Section 370(a)(ii)

Power to extend the time for a general protections court application to be made

1

Item 1.1

$72

$75

2

Item 1.2

$26

$27

3

Item 1.3

$12

$13

4

Item 2.1

$65

$68

5

Item 2.2

$26

$27

6

Item 2.3

$53

$55

7

Item 3.2

$20

$21

8

Item 3.3

$40

$42

9

Item 10.1

$131

$137

10

Item 13.1

$4,653

$4,862

11

Item 14.1

$2,990

$3,125

12

Item 14.2

$2,573

$2,689

13

Item 15.1

$5,051

$5,278

14

Item 15.2

$7,965

$8,323

15

Item 15.3

$2,398

$2,506

16

Item 17.1

$649

$678

1

subsection 30(1) (only for an application to set aside a bankruptcy notice)

Power to set aside a bankruptcy notice

2

section 33

Adjournment, amendment of process and extension and abridgment of time

3

paragraph 40(1)(g)

Power to grant leave to serve a bankruptcy notice outside Australia

4

subsection 41(6A)

Extension of time for compliance with a bankruptcy notice

5

subsection 43(1)

Power to make a sequestration order

6

subsection 46(2)

Power to make a sequestration order against 2 or more debtors

7

subsection 47(2)

Power to give leave to withdraw a creditor’s petition after presentation

8

section 49

Power to permit the substitution of another creditor as petitioner

9

subsection 50(1)

Power to direct Official Trustee or specified registered trustee to take control of debtor’s property and to make other orders in relation to the property

10

subsection 52(1)

Power to make a sequestration order against the estate of a debtor

11

subsection 52(2)

Power to dismiss a creditor’s petition

12

subsection 52(3)

Power to stay all proceedings under a sequestration order for a period not exceeding 21 days

13

subsection 52(5)

Power to extend a period at the expiration of which a creditor’s petition lapses

14

subsection 55(3B)

Power to direct the Official Receiver to accept or reject a debtor’s petition

15

paragraph 58(3)(b)

Power to give leave to commence action with respect to provable debt

16

section 81

Powers in relation to examinations

17

section 133

Power to make orders with respect to disclaimer of onerous property

18

section 180

Power to accept resignation of registered trustee

19

subsection 206(1)

Power to adjourn a creditor’s petition if creditors have passed a resolution for a deed and to subsequently dismiss the petition

20

section 222

Power to set aside personal insolvency agreements

21

section 222C

Power to terminate personal insolvency agreements

22

subsection 244(9)

Power to direct service of a creditor’s petition on a person under Part XI

23

subsection 244(10)

Power to dispense with service of a creditor’s petition under Part XI

24

subsection 244(11)

Power to make an order for the administration of an estate under Part XI

25

subsection 244(12)

Power to dismiss a creditor’s petition under Part XI

26

subsection 244(13)

Power to give leave to present a creditor’s petition under Part XI

27

subsection 247(1A)

Power to make an order for the administration of the estate of a deceased person on the petition of a person administering the estate

28

section 264B

Power to issue a warrant

29

subsection 309(2)

Power to order substituted service

1

subsection 45‑1(1)

Power to make orders in relation to a registered trustee

2

section 70‑90

Power to order a trustee to give relevant material to a person

3

subsection 80‑50(2)

Power to approve a committee of inspection incurring expenses in obtaining advice or assistance

4

paragraph 80‑55(5)(b)

Power to give leave for a member of committee of inspection to derive a profit or advantage

5

subsection 90‑5(1)

Power to inquire into the administration of a regulated debtor’s estate

6

subsection 90‑5(2)

Power to require a trustee or former trustee to give information, provide a report or produce a document

7

subsection 90‑10(1)

Power to inquire into the administration of a regulated debtor’s estate

8

subsection 90‑10(3)

Power to require a trustee or former trustee to give information, provide a report or produce a document

9

section 90‑15

Power to make orders in relation to the administration of a regulated debtor’s estate

10

subsections 90‑35(5) and (6)

Power to order the reappointment of a former trustee and additional orders

11

subsection 100‑5(2)

Power to approve assignment of a right to sue after trustee’s action has commenced

1

rule 1.04

Power to make an order about the application of these Rules

2

rule 2.03

Power to grant leave to be heard in a proceeding, including the following powers:

(a) to impose conditions on the granting of the leave;

(b) to revoke the leave;

(c) to order the payment of costs;

(d) to order that a person not be further heard until costs are paid or secured

3

rule 2.06

Power to grant leave to oppose an application or a petition

4

subrule 3.03(5)

Extension of time for compliance with a bankruptcy notice

5

rule 4.05

Power to make orders as to service of a creditor’s petition

6

rule 6.02

Power to order that an application under section 50 of the Bankruptcy Act for a person to be summoned for examination be heard in the absence of a party or in closed court

7

rule 6.07

Power to order that an application under section 81 of the Bankruptcy Act for a relevant person to be summoned for examination be heard in the absence of a party or in closed court

8

rule 6.13

Power to order that an application under section 81 of the Bankruptcy Act for an examinable person to be summoned for examination be heard in the absence of a party or in closed court

9

paragraph 8.02(4)(c)

Power to make orders as to service of an application under section 180 or subsection 183(1) of the Bankruptcy Act

10

rule 10.03

Power to make orders with respect to service of applications under sections 222 and 222C of the Bankruptcy Act

11

rule 11.02

Power to make orders as to service of a creditor’s petition presented under section 244 of the Bankruptcy Act

12

rule 11.05

Power to make orders as to service of a creditor’s petition presented under section 247 of the Bankruptcy Act

13

rule 13.01

Power to order costs, including for a fixed amount

1

1.3

Power to order that these Rules do not apply

2

1.8

Power to give directions

3

2.8(3)

Power to dispense with the requirement to serve ASIC

4

2.12

Power to dispense with requirement to file affidavit or memorandum with respect to publication

5

2.13

Power to grant leave to creditor, contributory or officer to be heard

6

2.14

Power to direct an inquiry in relation to a corporation’s debts, etc

7

2.15

Power to make directions with respect to meetings ordered by the Court

8

section 227

Power to declare that conditions prescribed by Division 3 of Part 2E.1 of the Corporations Act have been satisfied

9

sections 247A and 247B

Power to order inspection of books

10

section 252E

Power to order meeting of members of registered scheme

11

paragraph 283AE(2)(a)

Power to appoint body corporate as trustee for debenture holders

12

section 283EC

Power to make an order for meeting of debenture holders to direct trustee

13

section 283HA

Power to give directions or determine any questions of application of trustee for debenture holders

14

subsection 283HB(1)

Power to make an order in relation to borrowing corporations

15

paragraph 283HB(1)(c)

Power to order security for debentures to be enforceable

16

section 290

Power to authorise a person to inspect financial records on director’s behalf and make other appropriate orders

17

section 411

3.3
3.4
3.5

Power to make an order in relation to administration of compromise or arrangement etc

18

sections 415A and 415B

Power to make orders in relation to proposals considered at a meeting of creditors

19

section 418A

Power to make declaration as to validity of controller’s appointment and in relation to control of property

20

section 419

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

21

section 419A

Power to relieve controller from liability

22

section 420B

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

23

section 420C

Power to authorise receiver to carry on corporation’s business during the winding up

24

section 423

4.1

Power to inquire into conduct of controller

25

section 424

Power to give directions in relation to controller’s functions and powers

26

section 425

9.1

Power to fix amount of remuneration of a receiver

27

subsection 429(3)

Power to extend time for report

28

section 434B

Power to remove redundant controller

29

section 438D

Power to direct administrator to lodge a report

30

subsection 439A(6)

Power to extend the convening period fixed by subsection 439A(5)

31

section 440B

Power to grant leave to enforce a charge if an administrator has been appointed

32

section 440D

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

33

section 440F

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

34

subsection 440G(7)

Power to authorise a court officer to take action or to make a payment which would be prohibited

35

section 440J

Power to grant leave to take enforcement action under a guarantee

36

section 441D

Power to limit powers of chargee in relation to charged property

37

section 441H

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

38

section 442C

Power to grant leave to administrator to dispose of encumbered property, or to prevent administrator from disposing of property in ordinary course of business

39

subsection 443B(8)

Power to grant relief of administrator from personal liability for rent

40

subsection 444B(2)

Power to extend time for execution of deed of company arrangement

41

subsection 444C(2)

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

42

subsection 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

43

section 444F

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

44

section 445B

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

45

section 445D

Power to make an order terminating a deed of company arrangement

46

section 445G

Power to avoid or validate a deed of company arrangement

47

section 447A

General power to make orders in relation to Part 5.3A of the Corporations Act

48

section 447B

Power to make an order to protect interests of company’s creditors during an administration

49

section 447C

Power to declare whether administrator is validly appointed

50

section 449C

Power to make an order in respect of vacancy in office of administrator of company or in office of administrator of deed of company arrangement

51

section 450F

Power to make orders in respect to validity of anything done or omitted under Part 5.3A of the Corporations Act

52

section 453T

Power to give leave to begin or proceed with enforcement process

53

subsection 453U(7)

Power to permit court officers to take action or make payment as part of enforcement

54

subsection 453W(1)

Power to grant leave, on conditions, for a guarantee to be enforced against a director or spouse or relative for a company liability

55

subsection 454F(2)

Power to order a secured party, receiver or other person not to perform specified functions, or exercise specified powers, except as permitted by the order

56

subsection 454M(2)

Power to make orders preventing enforcement of rights over property used, occupied or in possession of company

57

subsection 456E(4)

Power to appoint a person as restructuring practitioner where no restructuring practitioner is acting

58

section 457C

Power to make orders in respect to validity of anything done or omitted under Part 5.3B of the Corporations Act

59

section 458A

Power to make orders about how Part 5.3B of the Corporations Act is to operate

60

section 458G

Power to order that company is not eligible for temporary restructuring relief

61

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

Power to make an order in relation to statutory demands

62

sections 459A, 459B (except in respect of applications under Part 2F.1), 459C, 459D, 459P, 459R, 459S, 459T, 461, 462, 464, 465B, 465C, 466, 467, 467A and 467B (except in respect of applications under Part 2F.1)

Div 5

Power to make orders in relation to winding up applications

63

section 468

Power in relation to validation of disposition of property

64

section 468A

Power in relation to authorisation of the transfer of shares

65

paragraph 470(2)(b)

Power to direct service of copy of order on another person

66

section 472

5.5
6.1

Power to appoint registered liquidator or provisional liquidator

67

subsection 473A(1)

7.2

Power to fill vacancy in office of Court‑appointed liquidator

68

subsection 473A(4)

Power to declare what may be done by liquidator, where more than one liquidator is appointed by the Court

69

subsection 474(2)

Power to order that property vest in liquidator

70

subsection 475(8)

7.3

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

71

section 480

7.5

Power to release liquidator and deregister company

72

section 481

7.7

Power to order preparation of report on accounts of liquidator

73

section 482

Power to make an order:

(a) to stay the winding up of a company either indefinitely or for a limited time; or

(b) to terminate the winding up of a company on a day specified in the order

74

subsection 483(1)

Power to require payment of money or transfer of property

75

subsection 483(2)

Power to order payment of money

76

subsection 483(3)

7.8

Power to order payment of a call

77

subsection 483(4)

Power to order payment of amount due into a bank named in the order

78

section 484

8.1
8.2
8.3

9.5

Power to appoint special manager and approve remuneration

79

section 486

Power to make an order for inspection of books by creditors or contributories

80

subsection 488(2)

7.9

Power to grant leave to distribute a surplus

81

section 490

Power to grant leave to company to wind up voluntarily

82

subsection 495(4)

Power to make an order in relation to conduct of meeting in course of members’ voluntary winding up

83

subsection 497(3)

Power to order that list of creditors be sent to creditors in creditors’ voluntary winding up

84

subsection 499(3)

7.2

Power to fill a vacancy when liquidator not appointed by Court

85

section 500

Power to make an order as to execution and civil proceedings

86

subsection 507(6)

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

87

subsection 507(9)

Power to give directions necessary for arbitration

88

subsection 507(10)

Power to approve liquidator’s exercise of powers in creditors’ voluntary winding up

89

subsection 509(2)

Power to order ASIC to deregister company on specified day

90

subsection 510(3)

Power to settle dispute as to value of security or lien or amount of debt or set‑off

91

subsection 532(2)

Power to grant leave for person to be appointed as liquidator

92

subsection 543(1)

Power to make an order as to the investment of surplus funds

93

subsection 544(2)

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

94

section 545

Power to direct to liquidator to incur particular expense

95

section 554A

Power to estimate or determine value of debts and claims

96

14.1(3)

Power to extend time for filing of appeal authorised by the Corporations Act

97

section 554G

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

98

section 564

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

99

sections 568, 568B, 568E and 568F

10.2

Power to make an order in relation to disclaimer of onerous property

100

sections 583 and 585

10.3

Power in relation to winding up Part 5.7 bodies

101

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

11.3
11.4
11.6
11.7
11.9

Power to make an order in relation to examinations

102

subsection 601AH(2)

Power to order reinstatement of registration of a company

103

subsection 601AH(3)

Power to:

(a) validate anything done between deregistration of a company and its reinstatement; and

(b) make any other order the Court considers appropriate

104

subsection 601BJ(2)

Power to approve modification in constituent documents of registered company

105

subsection 601CC(9)

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

106

subsection 601CL(10)

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

107

section 1071D

12.2

Power to make an order in relation to a person summoned

108

section 1071F

Power to make an order in relation to a company’s refusal to register a share transfer

109

subsection 1071H(6)

Power to make an order to remedy default in issuing certificate etc

110

section 1274

Power to make an order where failure to lodge, amend etc a document

111

section 1303

Power to order that books be available for inspection

112

section 1319

Power to give directions with respect to meetings

113

section 1322

Power to make an order in relation to irregularities

114

section 1325D

Power to make an order where contravention of a provision of Chapter 6 due to inadvertence

115

section 1335

Power to make an order as to costs

1

subsection 20‑70(3)

Power to extend time to apply to ASIC for renewal of a liquidator’s registration

2

paragraph 40‑5(4)(b)

Power to give a direction to a liquidator to lodge a document or give any information or document

3

paragraph 40‑10(4)(b)

Power to direct a liquidator:

(a) to confirm to ASIC that information is complete and correct; or

(b) to complete or correct information; or

(c) to notify any persons specified by ASIC of any additional or corrected information

4

subsection 45‑1(1)

Power to make orders in relation to a registered liquidator

5

paragraphs 60‑10(1)(c) and (2)(b)

9.2

Power to determine an external administrator’s remuneration

6

subsection 60‑11(3)

9.2A

Power to review a remuneration determination for an external administrator of a company

7

subsection 60‑16(1)

9.3

Power to determine a provisional liquidator’s remuneration

8

section 65‑45

Power to give directions regarding the handling of money and securities by an external administrator

9

paragraph 70‑35(3)(c)

Power to give directions in relation to destruction of the books of a company

10

section 70‑90

Power to order an external administrator to give relevant material to a person

11

subsection 75‑41(3)

Power to make orders in relation to proposals considered at a meeting of creditors

12

subsection 75‑42(4)

Power to order that a resolution passed at a meeting of creditors because of a casting vote be set aside or varied and make further orders or give further directions

13

subsection 75‑43(4)

Power to order that a resolution considered at a meeting of creditors is taken to have been passed and make further orders or give further directions

14

subsection 80‑50(2)

Power to approve a committee of inspection incurring expenses in obtaining advice or assistance

15

paragraph 80‑55(5)(b)

Power to give leave for a member of committee of inspection to derive a profit or advantage

16

subsection 90‑5(1)

Power to inquire into the external administration of a company

17

subsections 90‑5(2) and 90‑10(4)

Power to require an external administrator or former external administrator to give information, provide a report or produce a document

18

subsection 90‑10(1)

Power to inquire into the external administration of a company on application of creditors

19

section 90‑15

7.2 and 11.8

Power to make orders in relation to the external administration of a company, including the following:

(a) determining a question or questions arising in the external administration;

(b) that a person cease to be the external administrator;

(c) that another registered liquidator be appointed;

(d) in relation to the costs of an action (including court action) taken by the external administrator or another person in relation to the external administration;

(e) in relation to any loss that the company has sustained because of a breach of duty by the external administrator;

(f) in relation to remuneration, including requiring a person to repay to a company, or the creditors of a company, remuneration paid to the person as external administrator of the company

20

subsections 90‑23(6) and (9)

Power to appoint a registered liquidator to carry out a review into a matter that relates to the external administration of a company and to specify the matters which the liquidator is appointed to review and the way in which the cost of carrying out the review is to be determined

21

section 90‑28

Power to make orders in relation to a review by a reviewing liquidator on the application of the reviewing liquidator, a person with a financial interest in the external administration of the company or an officer of the company

22

subsections 90‑35(6) and (7)

Power to order the reappointment of a former external administrator

1

paragraph 5.3B.02(1)(e)

Power to order that a restructuring of a company is to end

2

subregulation 5.3B.17(4)

Power to order an extension of the proposal period

3

subregulation 5.3B.30(3)

Power to grant leave for person bound by a restructuring plan to make or proceed with an application to wind up the company or begin or proceed with any proceedings

4

subregulation 5.3B.34(1)

Power to appoint a new restructuring practitioner if original appointee dies, is prohibited from acting, or resigns

5

subregulation 5.3B.34(4)

Power to appoint a person as restructuring practitioner where for some reason no restructuring practitioner for the plan is acting

6

paragraph 5.3B.39(2)(c)

Power to grant leave for restructuring practitioner of plan to dispose of secured property or property used or occupied by company but owned by others

7

subregulation 5.3B.39(4)

The power to direct that a restructuring practitioner not dispose of property in the ordinary course of business

8

subregulation 5.3B.60(2)

Power to make orders with respect to creditor disputes before restructuring plan is made

9

subregulation 5.3B.61(2)

Power to vary restructuring plan

10

subregulation 5.3B.62(1)

Power to void a restructuring plan.

11

subregulation 5.3B.62(3)

Power to validate a restructuring plan

12

subregulation 5.3B.63(1)

Power to terminate restructuring plan

13

subregulation 5.3B.64(2)

Power to order a secured creditor of the company not to realise or otherwise deal with the security interest, except as permitted by the order

14

subregulation 5.3B.64(4)

Power to order that the owner or lessor of property that is used or occupied by, or is in the possession of, a company not to take possession of the property or otherwise recover it

15

subregulation 5.6.43A(2)

Power to extend time for appeal under subsection 554A(3) of the Corporations Act

16

subregulation 5.6.53(2)

Power to make decision on proof of debt where liquidator has not dealt with request to admit a proof of debt

17

subregulation 5.6.54(2)

Power to extend time to appeal rejection of proof of debt

18

subregulation 5.6.62(2)

Power to extend time to appeal inclusion on list of contributories

19

subregulation 5.6.66(2)

Power to make decision on proof of debt where liquidator has not dealt with a formal proof of debt or claim