Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)
WE,
Judges appointed under subsection 7 (1) of the
Dated 17 September 1991.
JEFFREY MILES
Chief Justice
J. F. GALLOP
Judge
T. J. HIGGINS
Judge
A. G. TOWILL
Registrar
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1.1 These Rules commence on 1 October 1991.
2.1 The Rules of the Supreme Court of the Australian Capital Territory are amended as set out in these Rules.
3.1 Division 1:
Omit the heading, substitute:
“
3.2 Division II:
Omit the Division, substitute:
“
In
this Division,
(1) A
party applying for an order for the appointment of a receiver must move the
Court for the order on notice, unless the matter is urgent, in which case the
Court may be moved
Not later than 7 days after appointment, a receiver must file a notice that specifies the receiver’s address for service.
(1) If a receiver is appointed by the Court, the Court may give directions to the receiver to file a security in accordance with this rule.
If the appointment of a receiver is directed by the Court, a person must not be appointed under the direction until the person has filed a security in accordance with this rule, unless the Court otherwise orders.
For the purposes of this rule, a security must be:
approved by the Court; and
(b) given in respect of an undertaking by the receiver, or prospective receiver, in accordance with Form 60 in Schedule 1 that what is received as receiver will be:
(i) accounted for; and
(ii) dealt with as the Court may direct.
The Court may make orders for the vacation of a security filed under this rule.
(1) A receiver appointed by the Court has the powers of a receiver and manager, unless the Court otherwise orders.
The Court may authorise a receiver to do (in the receiver’s name or in the name of the parties or of a party and either generally or in a particular instance) any act or thing that the parties or a party might do if of full age and capacity.
Subrule (2) has effect whether or not a party is a minor or is otherwise incapacitated.
This rule does not affect the powers of the Court apart from this rule to authorise a receiver to do any act or thing.
A receiver appointed under this rule is allowed the remuneration, if any, fixed by the Court.
(1) A receiver appointed under this rule must submit accounts to such parties at such intervals or on such dates as the Court may direct.
A party to whom a receiver must submit accounts may, on giving reasonable notice to the receiver, inspect, personally or by an agent, the documents or things on which the accounts are based.
A party who objects to accounts of the receiver:
may serve notice in writing on the receiver that:
(i) specifies the items to which objection is taken; and
(ii) requires the receiver to file in the Court within not less than 14 days of the service of notice, a copy of the accounts; and
(b) if such notice is served—must file a copy of the notice in the Court.
A receiver on whom notice is served under subrule (3) must file in the Court within the specified period a copy of the accounts.
The Court may examine the items to which objection is taken and, after examination:
(a) must declare by order the result of the examination; and
(b) may make an order for the costs of a party or of the receiver.
(1) If a receiver does not, in accordance with these Rules or under an order or direction of the Court:
(a) file an account or other document that is required to be filed; or
(b) do a thing that is required to be done;
the Court may make such orders and give such directions as the Court thinks fit, including an order or direction for:
discharge of the receiver; or
appointment of another receiver; or
payment of costs.
If a receiver fails to comply with a requirement of these Rules or an order or direction of the Court to pay into Court an amount shown by the receiver’s accounts to be due from the receiver, the Court may charge the receiver interest on that amount:
(a) at the rate fixed from time to time for the purpose of section 54 of the Act under Order 42a of these Rules; or
at such other rate as the Court determines to be just;
in respect of the period of that failure.
This rule does not affect the Court’s powers to enforce its orders or to punish contempt of the Court.
(1) If a receiver, being a natural person, dies, the Court may, on the motion of a party, make such orders as the Court thinks fit for:
filing and passing of accounts:
(i) by the representatives of the receiver; or
(ii) by any other person who has, or has had, possession or control of property the subject of the receivership; and
(b) payment into Court of any amount shown to be due; and
(c) delivery of property the subject of the receivership.
The Court must not make an order under subrule (1) unless notice of the motion for the order has been served on the representatives of the receiver or other person affected by the order.
A notice of motion under this rule may be served in a manner in which a statement of claim may be served under these Rules.”.
3.3 Division 3:
Omit the heading, substitute:
“
4.1 Paragraph 2 (a):
Omit “Five dollars”, substitute “$50”.
4.2 Paragraph 2 (b):
Omit “Ten dollars”, substitute “$100”.
5.1 Omit subrules 7 (3), (4) and (5).
6.1 Omit the rule.
1. Notified
in the
2. Statutory Rules 1937 No. 85 as amended by 1938 No. 99; 1939 Nos. 48 and 61; 1950 No. 22; 1956 No. 135; 1958 No. 64; 1962 Nos. 47 and 76; 1966 No. 132; 1967 No. 68; 1968 No. 13; 1969 Nos. 57, 66, 221 and 222; 1972 No. 189; 1973 Nos. 95 and 149; 1974 Nos. 25, 60 and 197; 1975 No. 81; 1976 No. 190; 1977 No. 152; 1978 Nos. 86 and 173; 1980 Nos. 210 and 214; 1981 Nos. 104, 196, 296 and 328; 1982 Nos. 202, 316 and 365; 1983 Nos. 26, 27 and 228; 1984 Nos. 110, 281, 285, 313 and 405; 1985 Nos. 27 and 69; 1986 Nos 8, 26, 86 and 349; 1987 Nos. 67, 93 and 219; 1988 Nos. 24, 145, 221, 257 and 331; 1989 Nos. 18, 30, 191 and 273; 1990 Nos. 2, 129, 372 and 458; 1991 Nos. 108, 251 and 252.
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