When is the deadline for publication of notice of application for winding up?
The catalogue records a 7 days period from Service of the originating process on the company, and the date fixed for the hearing of the application. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- Service of the originating process on the company, and the date fixed for the hearing of the application
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- The Court may order otherwise under r 5.6(1); r 1.10 of the Corporations Rules picks up FCR r 1.39.
- Computed under Corporations Rules r 1.9, not FCR r 1.61. Where the application is made under s 459P, 462 or 464 of the Corporations Act 2001 (Cth), notice must instead be published in the manner provided by s 1367A of that Act and reg 5.6.75 of the Corporations Regulations, per s 465A(1). Note also that r 8.07(3) of the FCR disapplies the ordinary power to change a return date in Corporations proceedings where a public notice or advertisement is required.