Supreme Court (Chapter v Amendment No. 2) Rules 2001 (Vic)
Supreme Court (Chapter V Amendment No. 2)
Rules 2001
S.R. No. 27/2001
TABLE OF PROVISIONS
Rule Page
1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. References to ASIC Law 2 6. Notice of certain applications to be given to Commission 2 7. Leave to creditor, contributory or officer to be heard 3 8. Application of Order 5 4 9. Appointment of provisional liquidator 4 10. Remuneration of receiver 4 11. Remuneration of administrator 5 12. Remuneration of provisional liquidator 5 13. Remuneration of liquidator 6 14. Remuneration of special manager 6 15. Application for examination or investigation 7 16. Application for examination summons 7 17. Service on Commission in relation to certain proceedings 7 12.1 Service on Commission in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Law
7
18. Appeals from Orders of Masters 7 19. New Order 16A inserted 7 ORDER 16A—PROCEEDINGS UNDER THE FEDERAL COURTS (STATE JURISDICTION) ACT 1999 7 16A.1 Form for initiating proceeding 7 20. Amendment of Form 2 8 21. Amendment of Form 3 9 22. Amendment of Form 17 9
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ENDNOTES 11
i
STATUTORY RULES 2001
S.R. No. 27/2001
Supreme Court Act 1986
Corporations (Victoria) Act 1990
Supreme Court (Chapter V Amendment No. 2)
Rules 2001
The Judges of the Supreme Court make the following Rules:
1. Object
The object of these Rules is to make
miscellaneous amendments to the Supreme Court(Corporations Law) Rules 1999.
2. Authorising provisions
These Rules are made under section 25 of the enabling powers.
Supreme Court Act 1986, section 51 of the
3. Commencement
(1) These Rules, except Rule 5(4), come into
operation on 1 April 2001.
(2) Rule 5(4) comes into operation on the day on
which Schedule 1 to the Financial Sector operation.
4. Principal Rules
In these Rules, the Supreme Court (Corporations Law) Rules 19991 are called the Principal Rules.
Supreme Court (Chapter V Amendment No. 2) Rules 2001
S.R. No. 27/2001 r. 5
5. References to ASIC Law
(1) In Rules 1.3(1), 1.3(2), 1.3(3), 1.8(a), 1.10,
2.2(3)(b)(i), 2.2(4)(b)(i), 15.1, 15.2 and 15.3 of the Principal Rules, for "ASC Law" substitute "ASIC Law".
(2) In Rule 1.5 of the Principal Rules—
(a)
after the definition of "applicant" insert— ' "ASIC Law" means ASC Law within the
meaning of the Corporations
(Victoria) Act 1990;';
(b)
in the definitions of "defendant" and "plaintiff", for "ASC Law" substitute "ASIC Law".
(3) In Schedule 2 to the Principal Rules, in column 1,
for "ASC LAW" substitute "ASIC LAW".
(4) In Rule 1.5 of the Principal Rules, the definition of "ASIC Law" is revoked.
6. Notice of certain applications to be given to Commission
In Rule 2.8 of the Principal Rules, for sub-rule (3)
substitute—"(3) Unless the Court otherwise orders, if a
person makes an application under a
provision of the Law mentioned in column 2
of the item of the following Table, the
person must serve on the Commission, a
reasonable time before the hearing of the
application, a copy of the originating
process, or interlocutory process, and
supporting affidavit in respect of the
application.
Supreme Court (Chapter V Amendment No. 2) Rules 2001
| r. 6 | S.R. No. 27/2001 |
TABLE
Column 1 Column 2 Column 3 Description of Item Provision application 1. Section 480 For the release of a
liquidator of a
company and the
deregistration of the
company2. Sub-section For the stay of a 482(1)
compulsory winding up
3. Sub-section For the 509(6) deregistration of a
company4. Sub-section For an inquiry into 536(1) the conduct of a
liquidator5. Sub-section To reinstate the 601AH(2) registration of a
company6. Sub-section To restore the name 601CC(8) of an Australian
body to the register7. Sub-section To restore the name 601CL(9) of a foreign
company to the
register8. Chapter 6, Any application 6A, 6B, 6C, under these 6D or 7 Chapters 9. Sub-sections For relief from 1317S(2), liability for (4) and (5) contravention of a
civil penalty
provision".
7. Leave to creditor, contributory or officer to be heard
Supreme Court (Chapter V Amendment No. 2) Rules 2001
S.R. No. 27/2001
(1) In Rule 2.13(1)(b) of the Principal Rules, for
"corporation—" substitute "corporation; or".
(2) After Rule 2.13(1)(b) of the Principal Rules
insert—
"(c) any other interested person—".
8. Application of Order 5
In Rule 5.1 of the Principal Rules, for
paragraph (a) substitute—"(a) an application for an order under Part 2F.1 of
the Law;".
9. Appointment of provisional liquidator
In Rule 6.1 of the Principal Rules, for sub-rule (3)
substitute—"(3) If—
(a) an order is made appointing a provisional liquidator; and (b) the order provides that the provisional liquidator may take into the provisional liquidator's custody part only of the property of the company— the order must include a short description of the part of the property of the company that the provisional liquidator may take into
custody.".
10. Remuneration of receiver
(1) In Rule 9.1(1) of the Principal Rules, in the Note
at the foot of the Rule, after "receiver" (where first
occurring) insert "appointed under aninstrument".
(2) In Rule 9.1(6) of the Principal Rules, for
paragraph (d) substitute—
Supreme Court (Chapter V Amendment No. 2) Rules 2001
| r. 11 | S.R. No. 27/2001 |
"(d) state particulars of any objection of which
the receiver has received notice; and
(e)
if the receivership is continuing, give details of any matters delaying the completion of the receivership.".
11. Remuneration of administrator
(1) In Rule 9.2 of the Principal Rules, for sub-rule (2)
substitute—
"(2) The administrator must not apply for the
order until after the date of the meeting of
creditors mentioned in paragraph 449E(1)(a)of the Law.".
(2) In Rule 9.2(3)(b) of the Principal Rules, for
"inspection" substitute "creditors".
(3) In Rule 9.2(7) of the Principal Rules, for
paragraph (d) substitute—
"(d) state particulars of any objection of which
the administrator has received notice; and
(e)
if the administration is continuing, give details of any matters delaying the completion of the administration.".
12. Remuneration of provisional liquidator
(1) In Rule 9.3(3)(b) of the Principal Rules, for
"inspection" (where twice occurring) substitute
"creditors".
(2) In Rule 9.3(7) of the Principal Rules, for
paragraph (d) substitute—
"(d) state particulars of any objection of which
the provisional liquidator has received
notice; and
(e)
if the winding up proceeding has not been determined, give details of—
Supreme Court (Chapter V Amendment No. 2) Rules 2001
S.R. No. 27/2001 r. 13
(i) liquidator why the winding up
any reasons known to the provisional and
(ii) liquidator's remuneration should be
any reasons why the provisional the winding up proceeding.".
13. Remuneration of liquidator
(1) In Rule 9.4(2)(b) of the Principal Rules omit "the end of 28 days after".
(2) In Rule 9.4(3)(b) of the Principal Rules, for
"inspection" substitute "creditors".
(3) In Rule 9.4(7) of the Principal Rules, for
paragraph (d) substitute—
"(d) state particulars of any objection of which
the liquidator has received notice; and
(e)
if the winding up is continuing, give details of any matters delaying the completion of the winding up.".
14. Remuneration of special manager
(1) In Rule 9.5(3)(b) of the Principal Rules, for
"inspection" (where twice occurring) substitute
"creditors".
(2) In Rule 9.5(7) of the Principal Rules, for
paragraph (d) substitute—
"(d) state particulars of any objection of which
the special manager has received notice; and
(e)
if the special management is continuing, give details of any matters delaying the completion of the special management.".
Supreme Court (Chapter V Amendment No. 2) Rules 2001
| r. 15 | S.R. No. 27/2001 |
15. Application for examination or investigation
In Rule 11.2(1) and (3) of the Principal Rules, for
"section 411 or 423" substitute "paragraph411(9)(b), section 423".
16. Application for examination summons
In Rule 11.3(8) of the Principal Rules, for "is to be" substitute "must be".
17. Service on Commission in relation to certain proceedings
For Rule 12.1 of the Principal Rules substitute—
"12.1 Service on Commission in relation to
proceedings under Chapter 6, 6A, 6B, 6C,
6D or 7 of the LawIf the Commission is not a party to an application made under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Law, the plaintiff must serve a copy of the originating process and the supporting affidavit on the Commission as soon as practicable after filing the originating process.".
18. Appeals from Orders of Masters
In Rule 16.5 of the Principal Rules, for
"paragraphs" substitute "sub-rules".
19. New Order 16A inserted
After Order 16 of the Principal Rules insert—
"ORDER 16A—PROCEEDINGS UNDER THE FEDERAL COURTS (STATE JURISDICTION)
ACT 1999
16A.1 Form for initiating proceeding
(1) Subject to sub-rule (2) and any direction of
the Court, a proceeding for relief under
section 7, 10 or 11 of the Federal Courts
Supreme Court (Chapter V Amendment No. 2) Rules 2001
S.R. No. 27/2001 r. 20 (State Jurisdiction) Act 1999 must be
initiated by filing an originating process.
(2) If—
(a) in a proceeding, the Federal Court of Australia has made an order for the winding up of a company; and (b) within the meaning of the Federal
the order is an ineffective judgment 1999—
an application under the Federal Courts
(State Jurisdiction) Act 1999 in relation to
the winding up of the company may be made
by filing an interlocutory process.(3) An interlocutory process filed under sub-
rule (2) must state the proceeding number of
the Federal Court proceeding.".
20. Amendment of Form 2
In Schedule 1 to the Principal Rules, in Form 2—
(a) in Part A—
(i) for "ASC" substitute "ASIC"; (ii) at the end of the Part insert—
"This application will be heard by at [address of Court] at *am/*pm on [insert date].";
(b) in Part B—
(i) omit—
"This application will be heard by at [address of Court] at *am/*pm on";
(ii) for "at that time" substitute "at the time shown above".
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| r. 21 | S.R. No. 27/2001 |
21. Amendment of Form 3
In Schedule 1 to the Principal Rules, in Form 3—
(a) in Part A—
(i) for "ASC" substitute "ASIC";
(ii) at the end of the Part insert—
"This interlocutory application will be heard by
at [address of Court] at
*am/*pm on [insert date].";
(b) in Part B—
(i) omit—
"This interlocutory application will be heard by
at [address of Court] at
*am/*pm on";
(ii) for "at that time" substitute "at the time shown above".
22. Amendment of Form 17
In Schedule 1 to the Principal Rules, in Form
17—
(a) in the Heading to the Form, omit "PUBLIC"; (b) in Part B, before "* Omit if not applicable." insert— "This summons is issued at the request of [name] whose address for service is [address of person's legal practitioner or of person].".
Dated: 29 March 2001
J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
Supreme Court (Chapter V Amendment No. 2) Rules 2001
S.R. No. 27/2001 r. 22 JOHN D. PHILLIPS, J.A. F. H. CALLAWAY, J.A. J. M. BATT, J.A.
PETER BUCHANAN, J.A.
ALEX CHERNOV, J.A.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
DAVID ASHLEY, J.
JOHN J. HEDIGAN, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
E. W. GILLARD, J.
MURRAY B. KELLAM, J.
M. L. WARREN, J.BERNARD D. BONGIORNO, J.
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Supreme Court (Chapter V Amendment No. 2) Rules 2001
| Endnotes | S. | R. No. 27/2001 |
| ENDNOTES |
1 Rule 4: S.R. No. 134/1999 as amended by S.R. No. 121/2000.
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