Court applications made under Chapter 5 and Schedule 2 of the Corporations Act 2001

From 1 February 2021, ASIC only provides formal correspondence in response to the following court applications made under Chapter 5 and Schedule 2 of the Corporations Act 2001 (Cth) (Insolvency Applications):

1. registered liquidator replacement and/or retirement applications
2. an application for an inquiry into the conduct of a registered liquidator under section 45-1 or section 90-15 of Schedule 2
3. applications under Chapter 5 or Schedule 2 where the Court has specifically requested ASIC’s assistance or has ordered ASIC to respond in writing to the application (please ensure that the cover letter makes this clear)
4. applications under Chapter 5 or Schedule 2 where ASIC is named as a party (please take care not to incorrectly name ASIC as a party)
5. novel applications for relief due to COVID-19 (ensure that the cover letter makes this clear).

Insolvency Applications can be served on ASIC by emailing the court documents to legal.document.service@asic.gov.au (service email) and copying in the ASIC team you are already dealing with (if appropriate).

Ensure that you serve any Insolvency Application on ASIC a reasonable time before the hearing of the application. When an Insolvency Application is served on ASIC via the service email, you will receive an email acknowledging its receipt.

The above guidance regarding service of Insolvency Applications does not apply to Part 5.1 Arrangements and reconstructions under Chapter 5 of the Corporations Act 2001. Refer to Regulatory Guide 60 Schemes of arrangement for specific guidance.