Commonwealth Consolidated Regulations

FEDERAL COURT (CORPORATIONS) RULES 2000 - RULE 11.2

  (1)   An application for an order for an examination or investigation under subsection   423(3) of the Corporations Act in relation to a controller of property of a corporation may be made by any of the following:

  (a)   a person with a financial interest in the administration of the corporation;

  (b)   an officer of the corporation;

  (c)   if the committee of inspection (if any) so resolves--a creditor, on behalf of the committee;

  (d)   ASIC.

Note:   An application:

(a)   under paragraph   411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry; or

(b)   under Subdivision B of Division   90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry;

  may be made by a person mentioned in subsection   90 - 10(2) of the Insolvency Practice Schedule (Corporations): see paragraph   411(9)(b) of the Corporations Act and subsection   90 - 10(1) of the Insolvency Practice Schedule (Corporations).

  (2)   The following applications may be made without notice to any person:

  (a)   an application under paragraph   411(9)(b) of the Corporations Act for an inquiry into the administration of a compromise or arrangement or an examination or investigation in connection with such an inquiry;

  (b)   an application for an order for an examination or investigation under subsection   423(3) of the Corporations Act;

  (c)   an application under Subdivision B of Division   90 of the Insolvency Practice Schedule (Corporations) for an inquiry into the external administration of a company or an examination or investigation in connection with such an inquiry.

  (3)   The provisions of this Division that apply to an examination under Division   1 of Part   5.9 of the Corporations Act apply, with any necessary adaptations, to an inquiry, examination or investigation under paragraph   411(9)(b) or subsection   423(3) of the Corporations Act or Subdivision B of Division   90 of the Insolvency Practice Schedule (Corporations).