Section 596a of the australian corporations act 2001 cth provides a mechanism for an eligible applicant usually an administrator, liquidator, or the australian securities and investment commission to examine current or former officers or provisional liquidators of a corporation in regards to that corporation s examinable affairs. Queensland judgments ucprschedule 1a rules for proceedings. The purpose of this practice direction is to prescribe. Jan 31, 20 sections 596a and 596b of the corporations act 2001 cth provide an eligible applicant with the power to summons company officers, or any parties with information pertaining to a failed companys affairs, to be examined under oath in court. This is a compilation of the corporations act 2001 that shows the text of the law as amended and in force on 27 february 2020 the compilation date.
On 11 december 20, the liquidators applied to this court under ss 596a and 596b of the corporations act to summon various persons including the third, fourth and fifth respondents for examination about the affairs of rennie produce. Pursuant to section 53j2 of the act, the types of matters for which a. As you know, sections 596a and 596b of the corporations act 2001 cth provide eligible applicants with the power to summons company officers, or with the courts consent any other parties with information pertaining to a failed companys affairs, to be examined under oath in court. An act to make provision in relation to corporations and financial products and services, and for other purposes. The meaning of this rule does not appear to have been considered in any published decision of a queensland court. Corporations act 2001 cth ss 9, 53, 596b, 596c, pt 5. Although there is no requirement under the corporations act to file an affidavit in support of an application under either section, rule 11. Corporations act 2001 federal register of legislation. This is a compilation of the corporations act 2001 as in force on 19 july 20. Nov 02, 2015 sections of the act under which the summons were made date of examination mark treisman 596b, 596d2 and 5979 11 november 2015 phillip treisman 596b, 596d2 and 5979 11 november 2015 the summons were issued pursuant to applications made by the deed administrators, as part of their investigations into the affairs of the company. Liability limited by a scheme approved under professional.
To creditors as addressed minera gold limited subject. Where in the exercise of jurisdiction under paragraphs 4. If the examinations are being conducted for an improper purpose, it may be considered an abuse of process and the examinee may be able to apply to the court to have the orders for examination set aside. Please type or print clearly in block letters and ensure that the form is signed and dated in ink. An eligible applicant, who can exercise this power, is a liquidator, provisional liquidator, voluntary administrator, administrator. Sections of the act under which the summons were made date of examination mark treisman 596b, 596d2 and 5979 11 november 2015 phillip treisman 596b, 596d2 and 5979 11 november 2015 the summons were issued pursuant to applications made by the deed administrators, as part of their investigations into the affairs of the company. Guidelines disclosure by insolvency practitioners of fees to be charged pdf file, 26. Omit s 596a, s 596b of the law from the heading to the rule. Affidavit in support of application under section 596b. Schemes of arrangement section 411 corporations act 2001 cwth pdf file, 14. Examinations under the corporations act and asic act.
Directors and officers liability insurance in australia, practical law anz practice note. Terence francis grundy be issued pursuant to section 596a of the. Corporations act 2001 sect 596b discretionary examination. Application of bankruptcy act to winding up of insolvent company. As it read between june 23rd, 2006 and june 30th, 2007 updated to. If insurance documents are considered to be relevant, courts have a discretion to exclude or limit their admission into evidence pursuant to s. Historical background it has been said that the introduction, centuries ago in england, of statutes. A person authorised in writing by asic may include, for example, a receiver, 2 a trustee of a unit trust,3 or an alleged creditor. Part 11 examinations and orders corporations act, part 5. Lastly, the examination provisions contained within s.
Pdf version printerfriendly ideal for printing entire document business corporations act published by quickscribe services ltd. Uniform civil procedure corporations proceedings amendment. Christopher hill continues to act as receiver and manager of the companies. The key provisions are ss 595a and 596b, the terms. Corporations act 2001 sect 596b discretionary examination 1 the court may summon a person for examination about a corporations examinable affairs if. The public examination provisions are set out in part 5. Australian capital territory corporations rules 2001 subordinate law 2001 no 22 made under the corporations act 2001 cwlth contents page part 1 preliminary 1 name of rules 1 2 commencement 1 3 application of these rules and other rules of the court 1 4 expressions used in the corporations act 1. They have until now been heard by registrars in chambers on fridays. Public examinations under the corporations act 2001. This power, along with the discretionary examination power in s 596b, is a powerful tool to aid liquidators in the performance of their statutory. Section 596a of the australian corporations act 2001 cth is constitutionally valid. Sep 15, 2017 the decision concerned applications to set aside examination summons and summonses for production of documents under ss 596b and 597 of the corporations act 2001 cth the corporations act issued on the application of garry trevor as liquidator of bell group nv in liq against the state solicitor. Offences of entering into relevant agreement or transaction 1 a person contravenes this subsection if the person enters into a relevant agreement or a transaction with the intention of, or with intentions that include the intention of.
Notice is hereby given that pursuant to section 596e of the corporations act 2001 the act, that the supreme court of new south wales issued summons of examination to the following persons under sections 596b and 596d of the act. These matters are applications for orders for substituted service of bankruptcy notices or creditors petitions, or for issue of examination summonses under s81 bankruptcy act 1966 or ss596a and 596b corporations act 2001. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Application for examination summons ss 596a, 596b of the corporations act form 17 1 an application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires. Corporations law corporations law provisions this paper deals with the provisions of division 1 of part 5. The applicants, the liquidators of interchase corporation limited in liquidation interchase seek orders pursuant to s 596b of the corporations act 2001 henceforth referred to as the act for the issue of summonses to proposed australian examinees and further for the issue of a letter of request to the chancery division of the english high court in london for the. Public examinations under the corporations act provide an important mechanism by which liquidators may obtain information about matters regarding a companys affairs and management. The table below outlines in summary form the current national practice notes and any relevant revoked. Saraceni v jones 2012 hca 38 high court of australia. It includes any commenced amendment affecting the legislation to that date. To creditors as addressed minera gold limited subject to. Section 596b confers a distinct power of examination. Offences of entering into relevant agreement or transaction. Application of these rules and other rules of the court 1.
An application for issuance of a summons for mandatory examination under s 596a is a matter in the constitutional sense. While public examinations are held before a court, it has been said that. The court is to summon a person for examination about a corporations examinable affairs if. By virtue of the definitions of this act in the corporations act and the asic act, a reference to the corporations act or to the asic act includes a reference to the regulations made under that act. This is a compilation of the corporations act 2001 that shows the text of the.
Details of upcoming available examination dates are updated regularly in the corporations list section on the court sittings page. Corporations act 2001 sect 596a mandatory examination. Corporations law amendment no 3 rules 2003 nsw legislation. The key provisions are ss 595a and 596b, the terms of which are set out in annexure a to this paper. Submission to the corporations and markets advisory committee. Supreme court corporations wa rules 2004 contents page v this printout is not an official version of the legislation 11. Justices act 1886, section 110a6 of a defendant who is on bail to appear at the committal. Inclusion and exclusion of areas in, or from the larger urban area. Constitutional law cth judicial power of commonwealth constitution, ch iii sections 596a and 596b of corporations act 2001 cth confer power upon court exercising federal jurisdiction to order, on application of receiver, examination of person about examinable affairs of corporation whether conferral of nonjudicial power. Corporations act 2001 sect 596ab relevant agreements or transactions that avoid employee entitlementsoffences. Corporations act 2001 international insolvency institute. Corporate law bulletin 229 melbourne law school university of. Secondly, the power under s 596a of the corporations act is not incidental or ancillaty.
Pursuant to section 53j1 of the magistrates act 1991 the act, the types of applications that may be heard and decided by a judicial registrar part a. Section 596a of the australian corporations act 2001 cth provides a mechanism for an eligible applicant usually an administrator, liquidator, or the australian securities and investment commission to examine current or former officers or provisional liquidators of a corporation in regards to that corporations examinable affairs. I advise that brett lord ceased to act as a receiver and manager of the companies on 21 february 2017. The broadening of the application of s 596b of the corporations act to ensure the disclosure of confidential mass claim settlement in different industry to external administrators may solve the problem. The corporations law rules the rules also set out certain. An application for an examination under ss 596a or 596b is made by originating process or, where proceedings relating to the company are already on foot, by an interlocutory notice of motion.
In the matter of newheadspace pty ltd in liq 2020 nswsc. Public examinations under the corporations act 2001 moray. Public examinations who can use them, when and for what. The court held that newheadspaces liquidator had not turned his mind to whether the elements of section 596b of the corporations act 2001 cth were satisfied or whether the summonses had been issued for a proper purpose. On 4 february 2014, the liquidators, in their capacity as liquidators of rennie produce, procured the. Section 596a engages the judicial power of the commonwealth. Additionally, since the matter will be in the hands of the court, the court may assess every request. Purpose of report this report has been prepared in accordance with section 5081b of the corporations act 2001 cth the act and outlines for each company.
The decision concerned applications to set aside examination summons and summonses for production of documents under ss 596b and 597 of the corporations act 2001 cth the corporations act issued on the application of garry trevor as liquidator of bell group nv in liq against the state solicitor. Specifying larger urban area and establishment of corporation etc. Sandy wilson partner tim james lawyer allens arthur robinson 9 july 2003. Data in this database is owned by the commonwealth of australia and is provided to austlii under a cooperative arrangement between the office of legislative drafting, attorneygenerals department, canberra and austlii.
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