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


    9.4 Remuneration of liquidator (Corporations Act s.473(3)) Form 16

    (1) This rule applies to an application by a liquidator of a company for an order under section 473(3) of the Corporations Act determining the liquidator's remuneration.

    (2) The application

    (a) must be made by interlocutory process in the winding-up proceeding; and

    (b) must not be made until after the date of the meeting of creditors mentioned in section 473(4) of the Corporations Act.

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

    (a) each creditor who was present, in person or by proxy, at the meeting of creditors;

    (b) each member of any committee of creditors;

    (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), any creditor or contributory may give to the liquidator a notice of objection to the remuneration claimed, stating the grounds of objection.

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

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

    (b) the 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 liquidator; and

    (c) the application may be so dealt with.

    (6) If the liquidator receives a notice of objection within the period mentioned in subrule (4), the liquidator must serve a copy of the interlocutory process seeking the order on each creditor or contributory who has given a notice of objection.

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

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

    (b) state the amount of remuneration claimed;

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

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

    (e) if the winding-up is continuing give details of any matters delaying the completion of the winding-up.



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.