Examinations under sections 596A and 596B of the Corporations Act 2001

 

Available dates

Examinations are held Monday to Friday at 11 am.. Details of upcoming Available Examination dates are updated regularly in the Corporations List section on the Court Sittings page. 


Examination procedure

The Corporations Act 2001(Pt 5.9), the Supreme Court (Corporations) Rules 1999 (Div 11), and the Uniform Civil Procedure Rules 2005 govern the procedure for these examinations.

A specific form has been approved for orders for production (UCPR Form 29).

Upon the filing of an originating or interlocutory process the registry will issue a listing before the Corporations List Registrar at 11am each Wednesday, or in extremely urgent cases, arrangements can be made with the Registrar for the interlocutory process to be heard on another day of the week or via an Online Court.

The summons, orders for production and dates for examination are issued in court by the Registrar. It is recommended that practitioners view the current available dates prior to the listing. Practitioners should complete as many details on the forms as possible leaving only dates, signatures and Court seals to be added by the Registrar.

To assist the Registrar considering the application it is recommended that a brief schedule be supplied which cross references each summons and each paragraph of the order for production sought to be issued to the relevant sections of the affidavits and the exhibit that support the application.

Applications to vacate examination dates should be made by interlocutory process giving the Court as much prior notice as possible. Except in exceptional or unforeseen circumstances, applications for an adjournment will not be considered on the day of the examination.

 

COVID PROCEDURES

As there are no personal appearances before Registrars these applications are currently being dealt with in chambers; upon receipt of a listing date for the application the applicant should email the following documents to the corporations registrar:

  1. Soft copy of the Originating Proceeds or Interlocutory Process.
  2. Soft copy of the affidavit/s.
  3. Soft copy of the exhibit/s
  4. Soft copy of the draft summonses, in word format.
  5. Soft copy of the draft orders for production in word format.
  6. A schedule cross referencing the documents sought to be issued with the relevant paragraphs of the affidavit/exhibit – see above.
  7. Phone number of contact person.
  8. An indication of how many days are required for the examination.
  9. Range of available date (Please check the Courts website for available dates).
  10. A return date for the Orders for Production.


Once the documents are received the listing date will be vacated and the application will be dealt with in chambers.  If necessary the Registrar will contact you by email or telephone to discuss the application.


Filing fees

The fees page shows the fees that would apply to such matters.