Supreme Court (Chapter v Amendment No. 3) Rules 2001 (Vic)

Supreme Court (Chapter V Amendment No. 3)

Rules 2001

S.R. No. 49/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Supporting affidavits	1
6.	New Rule 2.4A inserted	2
2.4A. Application for order setting aside statutory demand

(s. 459G of the Law) 2

7.	Order for meetings to identify proposed scheme	2
8.	Applications for examinations	3
9.	Amendment of Form 7	3

═══════════════

ENDNOTES 6

i

STATUTORY RULES 2001

S.R. No. 49/2001

Supreme Court Act 1986

Corporations (Victoria) Act 1990

Supreme Court (Chapter V Amendment No. 3)

Rules 2001

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to make further
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

These Rules come into operation on 30 June 2001.

4. Principal Rules

In these Rules, the Supreme Court (Corporations Law) Rules 19991 are called the Principal Rules.

5. Supporting affidavits

In Rule 2.4(2) of the Principal Rules, for "An affidavit" substitute "Subject to Rule 2.4A, an affidavit".

Supreme Court (Chapter V Amendment No. 3) Rules 2001

S.R. No. 49/2001 r. 6

6. New Rule 2.4A inserted

After Rule 2.4 of the Principal Rules insert—

"2.4A. Application for order setting aside statutory

demand (s. 459G of the Law)

(1) This Rule applies, and Rule 2.4(2) does not apply, to an application by a company under section 459G of the Law for an order setting aside a statutory demand served on the

company.

(2) The plaintiff may file with the originating

process seeking the order a copy of the
statutory demand and a copy of any affidavit

that accompanied the statutory demand.

(3) The plaintiff must—

(a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by the Commission in relation to the plaintiff; and

(b) either—

(i)  annex the record of the search to the affidavit in support of the originating process; or

(ii)  file the record of the search before or tender it on the hearing of the application.".

7. Order for meetings to identify proposed scheme

In Rule 3.3 of the Principal Rules, at the end of
the Rule insert—

"(2) Unless the Court otherwise orders, a meeting

of members ordered under section 411 of the

Supreme Court (Chapter V Amendment No. 3) Rules 2001

r. 8 S.R. No. 49/2001

Law must be convened, held and conducted in accordance with—

(a)	the provisions of Part 2G.2 of the Law that apply to the members of a company; and
(b)

the provisions of the plaintiff's meetings of members and are not inconsistent with Part 2G.2 of the Law.

(3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Law must

be convened, held and conducted as if—

(a)	the holders were a separate class of members; and
(b)	the meeting were a meeting of members convened, held and conducted under sub-rule (2)—

but in accordance with, and subject to, the
applicable provisions of the instrument under

which the securities were issued.".

8. Applications for examinations

In Rules 11.2(2) and 11.3(2) of the Principal any person".

9. Amendment of Form 7

In Schedule 1 to the Principal Rules, in Form 7—

(a) for the paragraph numbered 1 substitute—

'1. I am [state deponent's relationship to the

creditor(s), e.g. "the creditor", "(name), one of
the creditors"] in respect of *a debt of
$ [amount]/*debts totalling $ [amount] owed
by [name of debtor company] to *it/*them
relating to [state nature of debt, or debts,

Supreme Court (Chapter V Amendment No. 3) Rules 2001

S.R. No. 49/2001	r. 9
ensuring that what is stated corresponds with the description of the debt, or debts, to be given in the proposed statutory demand, with which this affidavit is to be served on the debtor company].';

(b) for the paragraph numbered 4 substitute—

"4. *The debt/*The total of the amounts of the debts, mentioned in paragraph 1 of this affidavit, is due and payable by the debtor company.".

Dated: 30 May 2001

JOHN WINNEKE, P.
ROBERT BROOKING, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
STEPHEN CHARLES, J.A.
F. H. CALLAWAY, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
BERNARD G. TEAGUE, J.
P. D. CUMMINS, J.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
DAVID ASHLEY, J.
JOHN J. HEDIGAN, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.

Supreme Court (Chapter V Amendment No. 3) Rules 2001

r. 9 S.R. No. 49/2001

ROSEMARY BALMFORD, J.
E. W. GILLARD, J.

MURRAY B. KELLAM, J.

═══════════════

Supreme Court (Chapter V Amendment No. 3) Rules 2001

Endnotes

S. R. No. 49/2001

ENDNOTES

1 Rule 4: S.R. No. 134/1999 as amended by S.R. Nos 121/2000 and 27/2001.