Supreme Court (Chapter v Amendment No. 5) Rules 1999 (Vic)
Supreme Court (Chapter V Amendment No. 5)
Rules 1999
S.R. No. 51/1999
TABLE OF PROVISIONS
Rule Page
1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment of title 1 6. Application 2 7. Amendment of definition 2 8. Title of proceedings 2 9. Reports 2 10. Meetings ordered by the Court 2 11. New Rule 3.23 3
3.23 Reference to Court of question of law 3
12. Matters to be gazetted and advertised 3 13. Notice to Commission 3 14. Issue of shares at discount 5 15. Appeals before Judge 5 16. Inquiries 5 17. Reduction of capital 5 18. Application of Order 8 5 19. Affidavit under Rule 8.05 6 20. Notice of appointment of provisional liquidator 6 21. Order of appointment 6 22. Provisional liquidator's powers 6 23. Report as to company's affairs 6 24. Making calls 7 25. Leave to disclaim 7
10.13 Application by liquidator for leave to disclaim contract 7
26. Examinations 7 27. Amendment of Table of Forms 7 28. Revocation of certain Forms 7 29. Amendment of certain Forms 8 30. New Second Schedule 8
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Rule Page
SECOND SCHEDULE—Jurisdiction of masters 8
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NOTES 16
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STATUTORY RULES 1999
S.R. No. 51/1999
Supreme Court Act 1986
Corporations (Victoria) Act 1990
Supreme Court (Chapter V Amendment No. 5)
Rules 1999
The Judges of the Supreme Court make the following Rules:
1. Object
The object of these Rules is to make
miscellaneous amendments to Chapter V of the
Rules of the Supreme Court principally in
consequence of amendments to the CorporationsLaw.
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 3 May 1999.
4. Principal Rules
In these Rules, Chapter V of the Rules of the Supreme Court1 is called the Principal Rules.
5. Amendment of title
(1) In the heading to the Principal Rules, immediately before the expression "ORDER 1" omit—
"CHAPTER V
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CORPORATIONS RULES 1992".
(2) For Rule 1.01 of the Principal Rules substitute—
"1.01 Title
These Rules constitute Chapter V of the
Rules of the Supreme Court and are entitled
the Supreme Court (Corporations) Rules1992.".
6. Application
In Rule 1.04 of the Principal Rules, after
paragraph (3) insert—
"(4) These Rules as in force immediately before3 May 1999 continue to apply to applications under a provision of the Corporations Law or the ASC Law made to the Court before that
date.".
7. Amendment of definition
In Rule 1.05(1) of the Principal Rules, for sub-
paragraph (b) substitute—'(b) "Commission" means the Australian
Securities and Investments Commission
established by the Australian Securities and
Investments Commission Act 1989 of theCommonwealth;'.
8. Title of proceedings
In Rule 3.05 of the Principal Rules, for 'or "(under official management)" ' substitute 'or "(controller acting)" or otherwise as the case may require'.
9. Reports
In Rule 3.19(2) of the Principal Rules, omit
", 452(4)".
10. Meetings ordered by the Court
Supreme Court (Chapter V Amendment No. 5) Rules 1999
S.R. No. 51/1999 r. 11 In Rule 3.20 of the Principal Rules, for "5.6.36" substitute "5.6.36A".
11. New Rule 3.23
After Rule 3.22 of the Principal Rules insert—
"3.23 Reference to Court of question of law
(1) Where by the Corporations Law or the ASC Law provision is made for a question of law to be referred to the Court by any body or
person other than a Court, Order 6 of applies to the reference with any necessary modification.
(2) Without limiting paragraph (1), Order 6
applies in accordance with paragraph (1) to
the reference to the Court of a question of
law under section 61 or 196 of the ASCLaw.".
12. Matters to be gazetted and advertised
(1) In Rule 4.01(1) of the Principal Rules, for Table 1
substitute—
"TABLE 1
Column 1 Column 2 Provision Description s. 246D To set aside variation etc. of rights of
shareholders.s. 254E To validate an issue of shares or
confirm its terms.s. 411(1A), 411(4) For an order for meetings or approval and (6), s. 413(1) of scheme.". (2) In Rule 4.01(4)(c) of the Principal Rules, for
"section 218(1) and (3)" substitute "sections 121
and 142(2)".
13. Notice to Commission
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In Rule 4.02(1) of the Principal Rules, for Table 2 substitute—
"TABLE 2
Column 1 Column 2 Provision Description s. 254E To validate an issue of shares or
confirm its terms.s. 266(4) To extend time for registration of
charge.s. 445G To avoid or validate deed of company
arrangement.s. 449B To remove administrator. s. 473(2) and (3) To fix remuneration of provisional
liquidator or liquidator.s. 480 For release of liquidator and
deregistration of company.s. 482(1) For stay of compulsory winding-up. s. 509(6) For deregistration of company. s. 511(1)(b) For stay of voluntary winding-up. (where the
application is for
the exercise of the
power that would
be exercisable
under s. 482(1) if
the company were
being wound up
by the Court)s. 532 For leave to be appointed or act as
liquidator.s. 536(1)(b) For inquiry into conduct of liquidator. s. 598 (where For an order in respect of fraud, Commission not negligence, etc. applicant) s. 601AH(2) For reinstatement of the registration of
company.s. 601CC(8) To restore name of Australian body to i
Supreme Court (Chapter V Amendment No. 5) Rules 1999
S.R. No. 51/1999 r. 14 register.
Column 1 Column 2 Provision Description s. 601CL(9) To restore name of foreign company to
register.s. 1224 (where For an order to restrain dealings with Commission not futures broker's bank accounts. applicant) s. 1226 (where For further order or directions Commission not subsequent to an order under s. 1224. applicant) s. 1317JA For relief from liability for
contravention of civil penalty
provision.s. 1322(4) To overcome irregularities in
proceedings.".
14. Issue of shares at discount
Rule 4.04 of the Principal Rules is revoked.
15. Appeals before Judge
In Rule 5.01 of the Principal Rules, for "section
15(2)" substitute "section 17B(2)".
16. Inquiries
In Rule 5.09 of the Principal Rules, for "section
15(2)" substitute "section 17B(2)".
17. Reduction of capital
Order 6 of the Principal Rules is revoked.
18. Application of Order 8
(1) In Rule 8.01(1) of the Principal Rules, for "section 260" substitute "section 246AA".
(2) After Rule 8.01(2) of the Principal Rules insert—
"(2.1) This Order applies, with any necessary
modification to—
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(a) an application under section 601ND of the Corporations Law for an order directing the responsible entity of a registered scheme to wind up the scheme; (b) the Corporations Law for an order
an application under section 1457(2) of wind up a scheme—
as it applies to an application for the winding
up of a company.".
(3) In Rule 8.01(3) of the Principal Rules, after
"paragraph (1)" insert "or in paragraph (2.1)".
19. Affidavit under Rule 8.05
(1) In Rule 8.06(c) of the Principal Rules, omit "and
the enactment (if any) pursuant to which it was
incorporated or formed".
(2) In Rule 8.06(f)(ii) of the Principal Rules, for
"Part 4.1" substitute "Part 5B.2".
20. Notice of appointment of provisional liquidator
In Rule 9.02 of the Principal Rules, for
"Commissioner" substitute "Commission".
21. Order of appointment
In Rule 9.04 of the Principal Rules, for
"Commissioner" substitute "Commission".
22. Provisional liquidator's powers
Rule 9.05 of the Principal Rules is revoked.
23. Report as to company's affairs
In Rule 10.04 of the Principal Rules, after
paragraph (5) insert—'(6) In this Rule, "liquidator" includes a
provisional liquidator.'.
Supreme Court (Chapter V Amendment No. 5) Rules 1999
S.R. No. 51/1999 r. 24
24. Making calls
Rules 10.08, 10.09 and 10.10 of the Principal
Rules are revoked.
25. Leave to disclaim
For Rule 10.13 of the Principal Rules substitute—
"10.13 Application by liquidator for leave to
disclaim contract
A liquidator who applies under section
568(1A) for leave to disclaim a contractshall—
(a)
file an affidavit showing the persons interested and their interests; and
(b)
serve a copy of the affidavit on the parties to the contract, other than the company, and on any person interested in the contract.".
26. Examinations2
(1) In Rule 12.01(1) of the Principal Rules omit
", official manager".
(2) In Rules 12.01(1), 12.02, 12.03(1) and 12.05(3) of the Principal Rules, omit ", 452".
27. Amendment of Table of Forms
In the First Schedule to the Principal Rules, in the
Table of Forms, the items referring to Forms 5-
6A, 5-6B, 5-6C, 5-6D, 5-6E , 5-6F, 5-6G, 5-10C,
5-10D, 5-10E, 5-10F, 5-10G, 5-10H, 5-10J,5-10K, 5-10L and 5-10M are revoked.
28. Revocation of certain Forms
In the First Schedule to the Principal Rules,
Forms 5-6A, 5-6B, 5-6C, 5-6D, 5-6E, 5-6F, 5-6G,
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5-10C, 5-10D, 5-10E, 5-10F, 5-10G, 5-10H,
5-10J, 5-10K, 5-10L and 5-10M are revoked.
29. Amendment of certain Forms
(1) In the First Schedule to the Principal Rules, in
Form 5-8E, for the words and expressions
commencing "The application is to be heard in"
and ending at the end of the paragraph
substitute—
"The application is to be heard before the Master
in Court 5, Supreme Court, Ground Floor,
436 Lonsdale Street, Melbourne [or before the
Judge-in-Charge of Corporations Business,
Supreme Court, 210 William Street,Melbourne].".
(2) In the First Schedule to the Principal Rules, in
Form 5-10N omit the note at the foot of the Form.
30. New Second Schedule
For the Second Schedule to the Principal Rules substitute—
"SECOND SCHEDULE
JURISDICTION OF MASTERS
(Rule 2.02)
Column 1 Column 2 Provision Description THE ASC LAW s. 79(4) To extend time for service of notice. THE CORPORATION
S LAWs. 266(4) For extension of time for registration
of charge.s. 274 To rectify omission or mis-statement.
Supreme Court (Chapter V Amendment No. 5) Rules 1999
S.R. No. 51/1999 r. 30
s. 411(16) To restrain further proceedings. s. 425 To fix remuneration of receiver. Column 1 Column 2 Provision Description s. 429(3) To extend time for report. s. 434 That receiver remedy default. s. 439A(6) For extension of convening period. s. 440D(b) For leave to begin or proceed with
proceeding against company during
administration.s. 440F
For leave to begin or proceed with enforcement process re property of company during administration.
s. 440G(7) To permit a court officer to take action
or make a payment during
administration.s. 444 For leave to proceed or to restrain
proceedings.s. 444B(2)(b) To extend time for company to execute
deed.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.s. 447A(1) (where To end administration of company. winding up order
to be made by a
Master)s. 447E(2)
For order where office of administrator is vacant or no administrator is acting.
s. 449C(6) For appointment of an administrator of
company under administration when
none is acting.s. 449D(1) To fill vacancy in office of
administrator of deed.s. 449D(2) For appointment of an administrator of
deed where none is acting.
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Column 1 Column 2 Provision Description s. 449E(1) To fix the remuneration of an
administrator.s. 449E(2) For review etc. of administrator's
remuneration.s. 459F(2)(a) For order extending period for
compliance with demand.s. 459G For order on application to set aside a
demand.s. 459R For extension of time for determination
of application for winding up in
insolvency.s. 459S For leave to company to oppose
application.s. 465B(1) For order substituting applicant. s. 465C (if the For leave to oppose application when application is there has been failure to file and serve pending before a notice of grounds of opposition and Master) verifying affidavit. s. 467(7) For stay of proceedings. s. 470(2)(b) To serve a copy order on another
person.s. 471B
For leave to begin or proceed with a proceeding or begin or proceed with enforcement process against a
company being wound up in
insolvency or by the Court or in
respect of which a provisional
liquidator is acting.s. 472(1) (where For appointment of liquidator. winding-up order made by a Master)
s. 472(2) For appointment of provisional
liquidator.
Supreme Court (Chapter V Amendment No. 5) Rules 1999
S.R. No. 51/1999 r. 30
Column 1 Column 2 Provision Description s. 472(6) For order on application with respect
to the exercise or proposed exercise of
a power of a provisional liquidator.s. 473(2) Determination of provisional
liquidator's remuneration.s. 473(3), (5) Determination or review of liquidator's
remuneration.s. 473(7) To fill vacancy in office of liquidator. s. 473(8)
To declare what may be done by liquidator, where more than one appointed.
s. 474(2) To vest property in liquidator. s. 477(2A) For approval of liquidator's
compromising a debt.s. 477(2B) For approval of liquidator's entering an
agreement which may last or
obligations which may be performable
more than 3 months later.s. 477(6) For order on application with respect
to the exercise or proposed exercise of
a power by liquidator.s. 483(1) For delivery of property etc. to
liquidator.s. 484 To appoint or remove special manager,
to fix security or remuneration.s. 486 For inspection of books. s. 490 For leave to company to resolve that it
be wound up voluntarily.s. 495(4) As to manner of holding meeting. s. 496(3) For order that list of creditors be sent. s. 497(3) For order that list of creditors be sent. s. 499 For direction as to liquidator. s. 500(2) For leave to proceed.
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| r. 30 | S.R. No. 51/1999 |
Column 1 Column 2 Provision Description s. 500(3) For delivery of property etc. to
liquidator.s. 502 To appoint liquidator. s. 504 To review liquidator's remuneration. s. 507(6) To sanction resolution. s. 507(9) For directions for initiation and
conduct of arbitration.s. 507(10) For approval for exercise of powers. s. 509(6) To order deregistration on a specified
day.s. 510(3) To settle dispute. s. 511(1)(b) For exercise of powers. s. 542(3)(a) As to destruction of books. s. 543(1) As to investment of funds. s. 544 As to accounts or payment of
unclaimed funds.s. 545(2) To direct liquidator to incur a
particular expense.s. 547(1) To direct meeting. s. 551 Leave to member of Committee of
Inspection to accept benefit.s. 552 To give direction or permission. s. 568 (other than For leave to disclaim. sub-section (9)) s. 568B(2) To set aside disclaimer. s. 568F For orders re vesting of disclaimed
property.s. 587 To stay proceedings or for leave to
commence or proceed.s. 588T(2)(b) For leave to creditor to begin
proceeding.Column 1 Column 2
Supreme Court (Chapter V Amendment No. 5) Rules 1999
r. 30
r. 30
S.R. No. 51/1999
Provision Description s. 596A For mandatory examination. s. 596F(1)(b) to For directions about examination. (g) (if direction is
given after
commencement of
examination
before the Master)s. 597(9) (if For direction to produce books. direction is given after commencement
of examination
before the Master)s. 597A For mandatory affidavit. s. 597B (if For costs of unnecessary examination. examination
before the Master)s. 601AH(2) For reinstatement of the registration of
a company.s. 601BJ To approve modification of
constitution.s. 601CC(8) For restoration of name of registered
Australian body.s. 601CL(9) For restoration of name of registered
foreign company.s. 601FN
For appointment of a temporary responsible entity of a scheme.
s. 1053(5) For appointment of corporation to be
trustee.s. 1094(1) For order following failure by directors
to register etc.s. 1096(4) To remedy default in issuing
certificate.s. 1274(11) For order to remedy default. Column 1 Column 2 Provision Description
Supreme Court (Chapter V Amendment No. 5) Rules 1999
S.R. No. 51/1999
s. 1319 For direction with respect to meeting. s. 1322(4) For order in relation to irregularities
etc.s. 1341(3) For payment of money. CORPORATION
S
REGULATIONS5.6.06 For order not to open liquidator's
general account.5.6.09 For directions with respect to money or
securities and authorisation of
payments to special bank accounts.5.6.15(2) For repayment of costs of meeting. 5.6.16(4C) For declaration that adjourned meeting
be taken to be incompetent to act.5.6.18(2) For order as to place of adjourned
meeting.5.6.24(3) To determine whether security
surrendered.5C.2.02 To appoint a temporary responsible
entity of a scheme.".
Dated: 29 April 1999
J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
F. H. CALLAWAY, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
ALEX CHERNOV, J.A.
Supreme Court (Chapter V Amendment No. 5) Rules 1999
S.R. No. 51/1999 r. 30 BARRY BEACH, J.
G. HAMPEL, J.
F. H. R. VINCENT, J.
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.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.
MURRAY B. KELLAM, J.M. L. WARREN, J.
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Supreme Court (Chapter V Amendment No. 5) Rules 1999
| Notes | S.R. No. 51/1999 |
NOTES
1 Rule 4: Rule 5 of S.R. No. 98/1992. Reprinted to S.R. No. 170/1994 and
subsequently amended by S.R. No. 141/1996.
2 Rule 26: In the heading to Rule 12.03 omit "under ss 411, 423, 452 or
536".
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