Supreme Court (Corporations) Amendment (No 10) Rules 2009 (NSW)

2009 No 480

New South Wales

Supreme Court (Corporations)

Amendment (No 10) Rules 2009

under the

Supreme Court Act 1970

The Supreme Court Rule Committee has made the following rules of court under the

Supreme Court Act 1970.

Steven Jupp

Secretary of the Rule Committee

Explanatory note

The object of these Rules is to amend the Supreme Court (Corporations) Rules 1999 to revise the rule relating to an official liquidator’s consent to act in certain proceedings under the Cross-Border Insolvency Act 2008 of the Commonwealth.

Published LW 25 September 2009	Page 1
2009 No 480
Rule 1	Supreme Court (Corporations) Amendment (No 10) Rules 2009

Supreme Court (Corporations) Amendment (No 10)

Rules 2009

under the

Supreme Court Act 1970

1      Name of Rules

These Rules are the Supreme Court (Corporations) Amendment (No 10)
Rules 2009.

2      Commencement

These Rules commence on the day on which they are published on the
NSW legislation website.

3 Amendment of Supreme Court (Corporations) Rules 1999

Rule 15A.5

Omit the rule. Insert instead:

15A.5 Official liquidator’s consent to act

If an application is made for an order:

(a)	under article 19 or 21 of the Model Law to entrust the administration or realisation of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative), or
(b)	under article 21 to entrust the distribution of all or part of the debtor’s assets to a person designated by the Court (other than the foreign representative),

then, unless the Court otherwise orders, the person must:

(c)	be an official liquidator, and
(d)	have filed a Consent to Act, in accordance with Form 19, that specifies an address for service for the person within Australia.