Supreme Court (Chapter v Amendment No. 3) Rules 2007 (Vic)

Supreme Court (Chapter V Amendment No. 3) Rules 2007

S.R. No. 44/2007

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Amendment to Order 2

6New Rule 12.1B

12.1BNotification to Court where proceeding is commenced before end of takeover bid period (s. 659B of the Corporations Act)

7Form 3 substituted

Form 3—Interlocutory Process

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 44/2007

Supreme Court Act 1986
Corporations (Ancillary Provisions) Act 2001

Supreme Court (Chapter V Amendment No. 3) Rules 2007

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend provisions relating to applications in the interlocutory process and to provide for notifications relating to section 659B of the Corporations Act, to ensure consistency with like rules of other States and Territories.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 23 of the Corporations (Ancillary Provisions) Act 2001 and all other enabling powers.

3Commencement

These Rules come into operation on 1 July 2007.

4Principal Rules

In these Rules, the Supreme Court (Corporations) Rules 2003[1] are called the Principal Rules.

5Amendment to Order 2

(1)In Rule 2.2(4)(b)(i) of the Principal Rules, omit "interlocutory".

(2)In Rule 2.7(2) of the Principal Rules, for "interlocutory application" (wherever occurring) substitute "application in the interlocutory process".

6New Rule 12.1B

After Rule 12.1A of the Principal Rules insert—

"12.1B   Notification to Court where proceeding is commenced before end of takeover bid period (s. 659B of the Corporations Act)

(1)This Rule applies to a party to a proceeding who suspects or becomes aware that—

(a)the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and

(b)the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in section 659B(4) of the Corporations Act.

(2)The party identified in paragraph (1) must, immediately on suspecting or becoming aware of the matters mentioned in paragraph (1), notify any other party to the proceeding and the Court of that suspicion or knowledge.

(3)A party must comply with paragraph (2) unless any other party to the proceeding has given a notice under this Rule to the party.".

7Form 3 substituted

In Schedule 1 to the Principal Rules, for Form 3 substitute—

"Rule 2.2 FORM 3

INTERLOCUTORY PROCESS

[Title]

A.    DETAILS OF APPLICATION

*This application is made under *section/*regulation [number] of the *Corporations Act/*ASIC Act/*Corporations Regulations.

On the facts stated in the supporting affidavit(s), the applicant, [name], applies for the following relief—

1.

2.

etc.

AND

Date:

Signature of applicant making this application or
applicant's legal practitioner

This interlocutory application will be heard by            at [address of Court] at         *am/*pm on [insert date].

B.    NOTICE TO RESPONDENT(S) (IF ANY)

TO: [name and address of each respondent to this interlocutory process (if any).  If applicable, also state the respondent's address for service.]

If you or your legal practitioner do not appear before the Court at the time shown above, the application may be dealt with, and an order made, in your absence.

Before appearing before the Court, you must, except if you have already done so or you are the plaintiff in this proceeding, file a notice of appearance, in the prescribed form, in the office of the Prothonotary and serve a copy of it on the plaintiff in the originating process.

Note:  Unless the Court otherwise orders, a respondent that is a corporation must be represented at a hearing by a legal practitioner.  It may be represented at a hearing by a director of the corporation only if the Court grants leave.

C.    FILING

This interlocutory process is filed by [name] for the applicant.

D.    SERVICE

The applicant's address for service is [address of applicant's legal practitioner or of applicant].

*It is not intended to serve a copy of this interlocutory process on any person.

OR

*It is intended to serve a copy of this interlocutory process on each respondent and on any person listed below:

[name of respondent and any other person on whom a copy of the interlocutory process is to be served]

[Complete the following section if the time for service has been abridged]

The time by which a copy of this interlocutory process is to be served has been abridged by order made by [name of Judge or Master] on [date] to [time and date].

* Omit if not applicable.

__________________".

Dated:    31 May 2007

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

G. M. EAMES, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MURRAY B. KELLAM, J.A.

BERNARD G. TEAGUE, J.

P. D. CUMMINS, J.

T. H. SMITH, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

STEPHEN KAYE, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

TONY PAGONE, J.

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ENDNOTES

[1] Rule 4: S.R. No. 107/2003.  Subsequently amended by S.R. Nos 47/2005 and 44/2006.