In Brief

Changes to the way most cor­po­rate insol­ven­cy notices have to be pub­lished came into effect on 1 July 2012. The Supreme Court of New South Wales has pro­vid­ed some guid­ance about how par­ties can avoid the cost of hav­ing to pub­lish notice of any appli­ca­tion to wind up a com­pa­ny on both the new ASIC web­site and in the print media


Changes requir­ing most cor­po­rate insol­ven­cy notices to be pub­lished on a new web­site run by the Aus­tralian Secu­ri­ties and Invest­ments Com­mis­sion (ASIC) came into effect on 1 July 2012.

Details of the changes are dis­cussed in our recent arti­cle.

As dis­cussed in our pre­vi­ous arti­cle, the intro­duc­tion of the new web­site pub­li­ca­tion require­ments has not for­mal­ly altered the require­ment under Fed­er­al Court and Supreme Court Rules, requir­ing print media pub­li­ca­tion of notices of wind­ing up appli­ca­tions. This rais­es the issue of dupli­ca­tion of costs for pub­li­ca­tion of wind­ing up notices as they would need to be pub­lished both on the web­site in return for pay­ment of a fee and in the print media.

To address this issue, the Reg­istry of the Supreme Court of New South Wales has indi­cat­ed that, sub­ject to any future deter­mi­na­tion of the issue by the Court, notice of a wind­ing up appli­ca­tion does not need to be pub­lished in a dai­ly news­pa­per, pro­vid­ed that any wind­ing up appli­ca­tion filed with the Supreme Court is sup­port­ed by an affi­davit that proves that notice of the appli­ca­tion has been pub­lished on the ASIC web­site and requests that the require­ments of Rule 5.6 of the Supreme Court (Cor­po­ra­tions) Rules 1999 (NSW) be dis­pensed with.

The issue is like­ly to be clar­i­fied fur­ther in due course through deter­mi­na­tion by the Court and leg­isla­tive amend­ments to the Fed­er­al Court and Supreme Court Rules.

If you would like fur­ther infor­ma­tion or have any spe­cif­ic ques­tions about the changes, please con­tact us.

If you would like to repub­lish this arti­cle, it is gen­er­al­ly approved, but pri­or to doing so please con­tact the Mar­ket­ing team at marketing@​swaab.​com.​au. This arti­cle is not legal advice and the views and com­ments are of a gen­er­al nature only. This arti­cle is not to be relied upon in sub­sti­tu­tion for detailed legal advice.

Publications

Cur­rent state of the con­struc­tion and infra­struc­ture market

The build­ing and con­struc­tion indus­try is sig­nif­i­cant and com­plex, with a land­scape which is con­stant­ly changing.It is cur­rent­ly char­ac­terised by: sig­nif­i­cant pub­lic invest­ment in…

Q&A with Swaab's new building and construction partner, Mark Glynn

Why did you choose Swaab?When I first met with Mary Digiglio, Swaab’s man­ag­ing part­ner and Helen Kow­al, part­ner con­struc­tion and stra­ta and…

Might a Receiv­er of a dis­tressed devel­op­ment project owe a duty of care to sub­se­quent own­ers of the lots when completed?

Upon tak­ing pos­ses­sion and con­trol of an incom­plete dis­tressed devel­op­ment asset, a secured financier will more often than not look to…

In the News

Michael Byrnes is quot­ed in the arti­cle, Pro­posed non-com­pete ban could back­fire on work­ers, firm warns”, pub­lished in Lawyers Week­ly on 20 May 2025

Michael Byrnes is quot­ed in the arti­cle, ​“Pro­posed non-com­pete ban could back­fire on work­ers, firm warns”, pub­lished in Lawyers Week­ly…

Press Release | Swaab’s James Skel­ton Appoint­ed Chair of Glob­al Emerg­ing Lead­ers Advi­so­ry Board at Mer­i­tas AGM in Mex­i­co City

In this piv­otal lead­er­ship role, James will guide ini­tia­tives to strength­en rela­tion­ships among Emerg­ing Lead­ers across Mer­i­tas’ 175 glob­al mem­ber…

Press Release | New Part­ner Appoint­ment — Mark Glynn

With over two decades in the indus­try, Mark is a recog­nised front-end con­struc­tion lawyer spe­cial­ist with­in the build­ing and con­struc­tion indus­try. Mark…

Sign up for our Newsletter

*Mandatory information