The following Practice Direction is published by direction of the Chief Justice, the Honourable Justice Underwood AO.
EXAMINATIONS UNDER CORPORATIONS ACT 2001, ss596A AND 596B
The Corporations Act 2001, ss596A and 596B, empower the Court to summon persons for examination about the affairs of a corporation. In future, on applications for the issue of a summons under either of these provisions, subject to being satisfied that the issue of a summons is appropriate, the Court will ordinarily make an order under s597(15) for an examination to be conducted before the Magistrates Court of Tasmania. An order for a summons returnable before a judge of this Court will ordinarily only be made if the Court is satisfied that there are circumstances that make it inappropriate for an examination to be conducted before a magistrate, and more appropriate for an examination to be conducted before a judge.