Supreme Court (Chapter v Amendment No. 5) Rules 1996 (Vic)

Supreme Court (Chapter V Amendment No. 5)

Rules 1996

S.R. No. 141/1996

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Amendment of Rule 8.09—Nomination of Official liquidator	1
5.	New Form 5-8J inserted—Consent of liquidator	2
FORM 5-8J	2
6.	Amendment to Second Schedule	2

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NOTES 4

i

STATUTORY RULES 1996

S.R. No. 141/1996

Supreme Court Act 1986

Supreme Court (Chapter V Amendment No. 5)

Rules 1996

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 25 of the enabling powers.

Supreme Court Act 1986 and section 51 of the

3. Principal Rules

In these Rules, the Supreme Court (Corporations)
Rules 19921 are called the Principal Rules.

4.  Amendment of Rule 8.09—Nomination of Official liquidator

In Rule 8.09(1) of the Principal Rules, after "Rule 8.01," insert "the applicant may file a written consent in Form 5-8J signed by an official liquidator and otherwise".

Supreme Court (Chapter V Amendment No. 5) Rules 1996

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5. New Form 5-8J inserted—Consent of liquidator2

After Form 5-8H to the Principal Rules insert—

"FORM 5-8J

Rule 8.09(1)

CONSENT OF LIQUIDATOR

(Title)

I, of , an official liquidator, hereby consent to act as the liquidator and, if necessary, the provisional liquidator of if so appointed by the Court.

I am not aware of any conflict of interest which would make it improper for me so to act.

[Signed]

Official Liquidator".

6. Amendment to Second Schedule

In the Second Schedule to the Principal Rules, after—

"S. 444E (3) (c)	For leave to person bound by deed to begin or proceed with proceeding against company etc. or enforcement process against company."
insert—
"S. 447A (1) (where	To end administration of
winding up order to	company.".
be made by a Master)

Dated: 28 November 1996

J. H. PHILLIPS, C.J.

Supreme Court (Chapter V Amendment No. 5) Rules 1996

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S.R. No. 141/1996

JOHN WINNEKE, P.
ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
K. M. HAYNE, J.A.
STEPHEN CHARLES, J.A.
F. H. CALLAWAY, J.A.
G. HAMPEL, J.
H. NATHAN, J.
BERNARD G. TEAGUE, J.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
JOHN J. HEDIGAN, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
J. M. BATT, J.
H. R. HANSEN, J.

ROSEMARY BALMFORD, J.

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Supreme Court (Chapter V Amendment No. 5) Rules 1996

Notes S.R. No. 141/1996

NOTES

1 S.R. No. 98/1992. Reprinted incorporating amendments to S.R. No.

170/1994.

2 The heading to Rule 8.09 is changed to "Official liquidator (Form

5-8J)".