Supreme Court (Corporations) (WA) Rules 2004
Part 9-Remuneration of officeholders


    9.3 Remuneration of provisional liquidator (Corporations Act s.473(2)) Form 16

    (1) This rule applies to an application by a provisional liquidator of a company for an order under section 473(2) of the Corporations Act determining the provisional liquidator's remuneration.

    (2) The application must be made by interlocutory process in the winding-up proceeding.

    (3) At least 21 days before filing the interlocutory process seeking the order, the provisional liquidator must serve a notice in accordance with Form 16 of the provisional liquidator's intention to apply for the order, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following persons

    (a) any liquidator (except the provisional liquidator) of the company;

    (b) each member of any committee of creditors or, if there is no committee of creditors, each of the 5 largest (measured by amount of debt) creditors of the company;

    (c) each member of the company whose shareholding represents at least 10% of the issued capital of the company.

    (4) Within 21 days after the last service of the documents mentioned in subrule (3), the liquidator, or any creditor or contributory, may give to the provisional liquidator a notice of objection to the remuneration claimed, stating the grounds of objection.

    (5) If the provisional liquidator does not receive a notice of objection within the period mentioned in subrule (4)

    (a) the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the order stating

    (i) the date, or dates, when the notice and affidavit required to be served under subrule (3) were served; and

    (ii) that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4);

    (b) the provisional liquidator may endorse the interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the provisional liquidator; and

    (c) the application may be so dealt with.

    (6) If the provisional liquidator receives a notice of objection within the period mentioned in subrule (4), the provisional liquidator must serve a copy of the interlocutory process seeking the order

    (a) on each creditor or contributory who has given a notice of objection; and

    (b) on the liquidator (if any).

    (7) An affidavit in support of the interlocutory process seeking the order must

    (a) state the nature of the work carried out by the provisional liquidator;

    (b) state the amount of remuneration claimed;

    (c) include a summary of the receipts taken and payments made by the provisional liquidator for the period for which remuneration is claimed;

    (d) state particulars of any objection of which the provisional liquidator has received notice; and

    (e) if the winding-up proceeding has not been determined give details of

    (i) any reasons known to the provisional liquidator why the winding-up proceeding has not been determined; and

    (ii) any reasons why the provisional liquidator's remuneration should be determined before the determination of the winding-up proceeding.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.