Uniform Civil Procedure Rules 1999 (UCPR Qld) - Digest
back to table of provisionsSchedule 1A – Rules for Proceedings under Corporations Act or ASIC Act
- Part 1 – Preliminary
- [1.1] Short title
- [1.2] Notes in text
- [1.3] Application under these rules and other rules of court
- [1.4] Expressions used in the Corporations Act
- [1.5] Definitions for these rules
- [1.6] References to rules and forms
- [1.7] Substantial compliance with forms
- [1.8] Court’s power to give directions
- [1.9] Calculation of time
- [1.10] Extension and abridgment of time
- [2.1] Title of documents in a proceeding – form 1
- [2.2] Originating application and interlocutory application – forms 2 and 3
- [2.3] Fixing of hearing
- [2.4] Supporting affidavits
- [2.4A] Application for order setting aside statutory demand (Corporations Act, s459G)
- [2.5] Affidavits made by creditors
- [2.6] Form of affidavits
- [2.7] Service of originating application or interlocutory application and supporting affidavit
- [2.8] Notice of certain applications to be given to ASIC
- [2.9] Notice of appearance (Corporations Act, s. 465C) – form 4
- [2.10] Intervention in proceeding by ASIC (Corporations Act, s1330) – form 5
- [2.11] Publication of notices
- [2.12] Proof of publications
- [2.13] Leave to creditor; contributory or officer to be heard
- [2.14] Inquiry in relation to corporation’s debts etc
- [2.15] Meetings ordered by the court
- [3.1] Application of pt 3
- [3.2] Nomination of chairperson for meeting
- [3.3] Order for meetings to identify proposed scheme
- [3.4] Notice of hearing (Corporations Act, ss411(4) and 413(1)) – form 6
- [3.5] Copy of order approving compromise or arrangement to be lodged with ASIC
- [5.1] Application of pt 5
- [5.2] Affidavit accompanying statutory demand (Corporations Act, s459E(3)) – form 7
- [5.3] Application for leave to apply for winding up in insolvency (Corporations Act, s459P(2))
- [5.4] Affidavit in support of application for winding up (Corporations Act, ss 459P, 462 and 464)
- [5.5] Consent of liquidator (Corporations Act, s 532(9)) – form 8
- [5.6] Notice of application for winding up – form 9
- [5.7] Applicants to make copies of documents available
- [5.8] Discontinuance of application for winding-up
- [5.9] Appearance before registrar
- [5.10] Order substituting applicant in application for winding-up (Corporations Act, s465B) – form 10
- [5.11] Notice of winding up order and appointment of liquidator – form 11
- [6.1] Appointment of provisional liquidator (Corporations Act, s 472) – form 8
- [6.2] Notice of appointment of provisional liquidator – form 12
- [7.1] Resignation of liquidator
- [7.2] Filling vacancy in office of liquidator (Corporations Act, ss473(7) and 502)
- [7.3] Report to liquidator as to company’s affairs (Corporations Act, s475)
- [7.4] Liquidator to file certificate and copy of settled list of contributories (Corporations Act, s478)
- [7.5] Release of liquidator and deregistration of company (Corporations Act, s480(c) and (d))
- [7.6] Objection to release of liquidator – form 13
- [7.7] Report on accounts of liquidator (Corporations Act, s481)
- [7.8] Application for payment of call (Corporations Act, s483(3)(b) – form 14
- [7.9] Distribution of surplus by liquidator with special leave of the court (Corporations Act, s488(2)) – form 15
- [7.10] Powers delegated to liquidator by court (Corporations Act, s488)
- [7.11] Inquiry into conduct of liquidator (Corporations Act, s536(1) and (2))
- [8.1] Application for appointment of special manager (Corporations Act, s484)
- [8.2] Security given by special manager (Corporations Act, s484)
- [8.3] Special manager’s receipts and payments (Corporations Act, s484)
- [9.1] Remuneration of receiver (Corporations Act, s425(1)) – form 16
- [9.2] Determination by court of remuneration of administrator (Corporations Act, s449E(1)(c) and (1A)(c)) – form 16
- [9.2A] Review of remuneration of administrator (Corporations Act, s449E(2)) – form 16A
- [9.3] Remuneration of provisional liquidator (Corporations Act, s473(2)) – form 16
- [9.4] Determination by court of liquidator’s remuneration (Corporations Act, s473(3)(b)(ii)) – form 16
- [9.4A] Review of remuneration of liquidator (Corporations Act, s473(5) and (6) and s504(1)) – form 16A
- [9.5] Remuneration of special manager (Corporations Act, s484(2)) – form 16
- [10.1] Determination of value of debts or claims (Corporations Act, s554A(2))
- [10.2] Disclaimer of contract (Corporations Act, s568(1A))
- [10.3] Winding up part 5.7 bodies (Corporations Act, ss583 and 585) and registered schemes (Corporations Act, s601ND)
- [11.1] Definition for pt 11
- [11.2] Application for examination or investigation under Corporations Act, s411(9)(b), 423 or 536(3)
- [11.3] Application for examination summons (Corporations Act, ss596A and 596B)
- [11.4] Service of examination summons
- [11.5] Discharge of examination summons
- [11.6] Filing of record of examination (Corporations Act, s597(13))
- [11.7] Authentication of transcript of examination (Corporations Act, s597(14))
- [11.8] Inspection of record or transcript of examination or investigation under Corporations Act, s411, 423 or 536
- [11.9] Entitlement to record or transcript of examination held in public
- [11.10] Default in relation to examination
- [11.11] Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act, s598)
- [12.1] Service on ASIC in relation to proceedings under Corporations Act, chapter 6, 6A, 6B, 6C, 6D or 7
- [12.1A] Reference to court of questions of law arising in proceeding before takeovers panel (Corporations Act, s659A)
- [12.2] Application for summons for appearance of person (Corporations Act, s1071D(4))
- [12.3] Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act, s1071F)
- [15.1] Reference to court of question of law arising at hearing of ASIC (ASIC Act, s61)
- [15.2] Court may draw inferences
- [15.3] Application for inquiry (ASIC Act, ss70, 201 and 219)
[1.1] Short title go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[1.2] Notes in text go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[1.3] Application under these rules and other rules of court go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[1.4] Expressions used in the Corporations Act go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[1.5] Definitions for these rules go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[1.6] References to rules and forms go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[1.7] Substantial compliance with forms go to top
Rule 1.7(1), when read together with section 467A of the Corporations Act 2001 (Cth), suggests that strict adherence to the form is not intended: Mackay Computer Service Pty Ltd v Wi-Man Pty Ltd [2008] QSC 221, [31]-[33] (McMeekin J).
[1.8] Court’s power to give directions go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[1.9] Calculation of time go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[1.10] Extension and abridgment of time go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.1] Title of documents in a proceeding – form 1 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.2] Originating application and interlocutory application – forms 2 and 3 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.3] Fixing of hearing go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.4] Supporting affidavits go to top
Rule 2.4(2) requires that an ASIC search be filed, the purpose of the search being so that the court can be satisfied that the company in question is in fact registered and that the court is not making orders in respect of a non-existent entity or one already found to be insolvent: Mackay Computer Service Pty Ltd v Wi-Man Pty Ltd [2008] QSC 221, [40] (McMeekin J).
[2.4A] Application for order setting aside statutory demand (Corporations Act, s459G) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.5] Affidavits made by creditors go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.6] Form of affidavits go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.7] Service of originating application or interlocutory application and supporting affidavit go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.8] Notice of certain applications to be given to ASIC go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.9] Notice of appearance (Corporations Act, s. 465C) – form 4 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.10] Intervention in proceeding by ASIC (Corporations Act, s1330) – form 5 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.11] Publication of notices go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.12] Proof of publications go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.13] Leave to creditor; contributory or officer to be heard go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.14] Inquiry in relation to corporation’s debts etc go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[2.15] Meetings ordered by the court go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[3.1] Application of pt 3 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[3.2] Nomination of chairperson for meeting go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[3.3] Order for meetings to identify proposed scheme go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[3.4] Notice of hearing (Corporations Act, ss411(4) and 413(1)) – form 6 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[3.5] Copy of order approving compromise or arrangement to be lodged with ASIC go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[4.1] Inquiry into conduct of controller (Corporations Act, s423) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.1] Application of pt 5 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.2] Affidavit accompanying statutory demand (Corporations Act, s459E(3)) – form 7 go to top
An error in the supporting affidavit as to a company name is not sufficient grounds to set aside the statutory demand where the affidavit would otherwise appear to be in accordance with rule 5.2: Global Cement (North Queensland) Pty Ltd v Benchmark Debtor Finance Pty Ltd [2007] QSC 143, [20] (Lyons J).
[5.3] Application for leave to apply for winding up in insolvency (Corporations Act, s459P(2)) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.4] Affidavit in support of application for winding up (Corporations Act, ss 459P, 462 and 464) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.5] Consent of liquidator (Corporations Act, s 532(9)) – form 8 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.6] Notice of application for winding up – form 9 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.7] Applicants to make copies of documents available go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.8] Discontinuance of application for winding-up go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.9] Appearance before registrar go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.10] Order substituting applicant in application for winding-up (Corporations Act, s465B) – form 10 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[5.11] Notice of winding up order and appointment of liquidator – form 11 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[6.1] Appointment of provisional liquidator (Corporations Act, s 472) – form 8 go to top
[6.2] Notice of appointment of provisional liquidator – form 12 go to top
[7.1] Resignation of liquidator go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.2] Filling vacancy in office of liquidator (Corporations Act, ss473(7) and 502) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.3] Report to liquidator as to company’s affairs (Corporations Act, s475) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.4] Liquidator to file certificate and copy of settled list of contributories (Corporations Act, s478) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.5] Release of liquidator and deregistration of company (Corporations Act, s480(c) and (d)) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.6] Objection to release of liquidator – form 13 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.7] Report on accounts of liquidator (Corporations Act, s481) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.8] Application for payment of call (Corporations Act, s483(3)(b) – form 14 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.9] Distribution of surplus by liquidator with special leave of the court (Corporations Act, s488(2)) – form 15 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.10] Powers delegated to liquidator by court (Corporations Act, s488) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[7.11] Inquiry into conduct of liquidator (Corporations Act, s536(1) and (2)) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[8.1] Application for appointment of special manager (Corporations Act, s484) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[8.2] Security given by special manager (Corporations Act, s484) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[8.3] Special manager’s receipts and payments (Corporations Act, s484) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[9.1] Remuneration of receiver (Corporations Act, s425(1)) – form 16 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[9.2] Determination by court of remuneration of administrator (Corporations Act, s449E(1)(c) and (1A)(c)) – form 16 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[9.2A] Review of remuneration of administrator (Corporations Act, s449E(2)) – form 16A go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[9.3] Remuneration of provisional liquidator (Corporations Act, s473(2)) – form 16 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[9.4] Determination by court of liquidator’s remuneration (Corporations Act, s473(3)(b)(ii)) – form 16 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[9.4A] Review of remuneration of liquidator (Corporations Act, s473(5) and (6) and s504(1)) – form 16A go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[9.5] Remuneration of special manager (Corporations Act, s484(2)) – form 16 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[10.1] Determination of value of debts or claims (Corporations Act, s554A(2)) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[10.2] Disclaimer of contract (Corporations Act, s568(1A)) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[10.3] Winding up part 5.7 bodies (Corporations Act, ss583 and 585) and registered schemes (Corporations Act, s601ND) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.1] Definition for pt 11 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.2] Application for examination or investigation under Corporations Act, s411(9)(b), 423 or 536(3) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.3] Application for examination summons (Corporations Act, ss596A and 596B) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.4] Service of examination summons go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.5] Discharge of examination summons go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.6] Filing of record of examination (Corporations Act, s597(13)) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.7] Authentication of transcript of examination (Corporations Act, s597(14)) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.8] Inspection of record or transcript of examination or investigation under Corporations Act, s411, 423 or 536 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.9] Entitlement to record or transcript of examination held in public go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.10] Default in relation to examination go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11.11] Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act, s598) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[11A.1] Arrest of person (Corporations Act, s486B) – form 17A go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[12.1] Service on ASIC in relation to proceedings under Corporations Act, chapter 6, 6A, 6B, 6C, 6D or 7 go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[12.1A] Reference to court of questions of law arising in proceeding before takeovers panel (Corporations Act, s659A) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[12.2] Application for summons for appearance of person (Corporations Act, s1071D(4)) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[12.3] Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act, s1071F) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
Repealed go to top
[14.1] Appeal from act, omission or decision of administrator, receiver or liquidator etc (Corporations Act, ss554A and 1321) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[15.1] Reference to court of question of law arising at hearing of ASIC (ASIC Act, s61) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[15.2] Court may draw inferences go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[15.3] Application for inquiry (ASIC Act, ss70, 201 and 219) go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[16.1] Powers of registrars go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.
[16.2] Reference by registrar go to top
The meaning of this rule does not appear to have been considered in any published decision of a Queensland court.