Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(rule 16.1)
Item | Provision of the Corporations Act | Rule | Description (for information only) |
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 | 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 | 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 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 | 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 reinstat ement; 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 |
Part 1A -- Insolvency Practice Schedule (Corporations)
Item | Provision of the Insolvency Practice Schedule (Corporations) | Rule | Description (for information only) |
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 |
Part 1B -- Corporations Regulations
Item | Provision of the Corporations Regulations 2001 | Rule | Description (for information only) |
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 |
Item | Provision of the ASIC Act | Rule | Description (for information only) |
1 | subsection 79(4) |
| Power to extend period to give notice of intention to have statements made at examination admitted |