Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)

STATUTORY RULES.

1962. No. 47.

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY.

Rules of Court.*

(As of Thursday, the twenty-first day of June, 1962.)

PURSUANT to the Australian Capital Territory Supreme Court Act 1933-1960, IT IS ORDERED that, on the first day of July, 1962, the following Rules of Court, amending the Rules of the Supreme Court of the Australian Capital Territory, shall come into operation:—

Table.

1. The table of Orders appearing immediately before Part 1 is amended by omitting the words—

“III.—Investigation of Affairs of a Company.”.

Definitions.

2. Rule 1 of Order 75 is amended—

(a) by omitting the definition of “the Companies Act”; and

(b)by omitting the definition of “the Ordinance” and inserting in its stead the following definition:—

“‘the Ordinance’ means the Companies Ordinance 1962;”.

Application of Companies Rules of New South Wales.

3. Rule 2 of Order 75 is amended—

(a) by inserting after the words “subject to” the words “the next succeeding sub-rule and”; and

(b) by adding at the end thereof the following sub-rule:—

“(2.) In the application of the Companies Rules, 1945 by virtue of the last preceding sub-rule, those Rules have effect in the Territory only to the extent that they are not inconsistent with the Ordinance or with the Regulations made under the Ordinance.”.

Interpretation.

4. Rule 3 of Order 75 is amended by omitting paragraph (h) and inserting in its stead the following paragraph:—

“(h)the expression ‘the Act’ or ‘the Companies Act, 1936’ in those Rules shall be read as referring to the Ordinance, and a reference in those Rules to a provision of the Companies Act, 1936 of the State shall be read as a reference to the corresponding provision, if any, of the Ordinance;”.

Investigation of affairs of a company.

5.—(1.) Rules 4 to 8 (inclusive) of Order 75, and the heading appearing immediately before rule 4 of that Order, are repealed.

(2.) Notwithstanding the repeal effected by the last preceding sub-rule, the rules repealed by that sub-rule continue to apply to and in relation to an investigation to which sub-section (12.) of section 4 of the Companies Ordinance 1962 applies.

* Notified in the Commonwealth Gazette on 25th June, 1962.

  Statutory Rules 1937, No. 85, as amended by Statutory Rules 1938, No. 99; 1939, Nos. 48 and 61; 1950, No. 22; 1956, No. 135; and 1958, No. 64.

5453/62.—Price 3d.

 

Seventh Schedule.

6. The Seventh Schedule is amended—

(a) by inserting after item 7 the following item:—

“7a Rule 16 Omit.”;

(b)by omitting item 13 and inserting in its stead the following item:—

“13 Rule 38 Omit ‘6d.’, insert ‘One shilling and sixpence’.”;

(c) by omitting item 19 and inserting in its stead the following item:—

“19 Rule 71 Omit ‘sixpence’, insert ‘One shilling and sixpence’.”;

(d)by omitting items 25, 26 and 27 and inserting in their stead: the following items:—

“25	Rule 184	Omit.
“26	Rule 185	Omit and insert— ‘185. A liquidator who, by virtue of section 281 of the Ordinance, lodges with the Registrar of Companies an account of his receipts and payments and a statement of the position in the winding up, and a statutory declaration verifying the account and statement, shall lodge copies of the account and statement and of the declaration with the Registrar of the Supreme Court on the day on which the account and statement and the declaration are lodged with the Registrar of Companies.’.
“27	Rule 191	Omit ‘6d.’, insert ‘One shilling and sixpence’.”;

(e) by omitting from paragraphs (a),(b) and (g) in the third column of item 37 the words “Companies Ordinance 1954” and inserting in their stead the words “Companies Ordinance 1962”; and

(f) by omitting paragraph (i) from the third column of item 37 and inserting in its stead the following paragraph:—

“(i) Omit Form 9.”.

Saving.

7. Notwithstanding the amendments of the Rules of the Supreme Court of the Australian Capital Territory made by these Rules, the provisions of those Rules as in force immediately before the first day of July, 1962, in so far as those provisions relate to the winding up of companies, continue to apply, to the extent that they are capable of applying, to and in relation to a winding up of a company to which sub-section (13.) of section 4 of the Companies Ordinance 1962 applies.

E. A. DUNPHY

Judge of the Supreme Court of the Australian Capital Territory.

J. D. Button

Registrar.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.