Supreme Court (Corporations Law) (Transitional) Amendment Rules 1993 (WA)

• 23 July 1993] GOVERNMENT GAZETTE, WA 3985

CROWN LAW

CW301

SUPREME COURT ACT 1935

CORPORATIONS (WESTERN AUSTRALIA) ACT 1990

SUPREME COURT (CORPORATIONS LAW) (TRANSITIONAL)

AMENDMENT RULES 1993

Made by the Judges of the Supreme Court.

Citation

1. These rules may be cited as the Supreme Court (Corporations Law)

(Transitional) Amendment Rules 1993.

Rules 6 to 8 inserted

2. After rule 5 of the Supreme Court (Corporations Law) (Transitional

Rules) 1991* the following rules are inserted —

if

(a)	is not to contain the number of proceedings in the Supreme Court; and
(b)	must not be filed with the Supreme Court unless winding up proceedings have been commenced in
respect of the matter to which it relates.

Section 459E (3): form of affidavit

6. (1) An affidavit required by section 459E (3) of the

Corporations Law must contain the following:

it

Important Note

This affidavit accompanies a statutory demand under section 459E of the Corporations Law. This affidavit has not been filed in the Supreme Court nor have any proceedings been commenced in respect of the debt to which the affidavit relates. Any inquiries as to the affidavit or the debt should be directed to the person making the demand or his or her solicitors and not to the Court.

(2) An affidavit referred to in subrule (1) —

3986 GOVERNMENT GAZETTE, WA [23 July 1993

(3) Unless the Supreme Court orders to the contrary, an affidavit referred to in subrule (1) must be made by a person who can depose to the indebtedness of the company from his or her own knowledge.

Section 459Q (c): form of affidavit

7. (1) An affidavit required by section 459Q (c) of the

Corporations Law must set out —

(a)	a statement of the debt alleged and details of how and when it was incurred; and
(b)	a statement that the debt is due and payable to the applicant.

Unless the Supreme Court orders to the contrary, an affidavit referred to in subrule (1) must be made by a person who can depose to the indebtedness of the company from his or her own knowledge.

(2)

(3) An affidavit referred to in subrule (1) is in addition to

the affidavit required by rule 20 (2) of the Companies (Western

Australia) (Transitional Provision) Rules 1982. PI

[* Published in Gazette of 22 February 1991 at p. 8721

Dated the 12th day of July 1993.

DAVID K. MALCOLM.

W P. PIDGEON.

B. ROWLAND.
E. M. FRANICLYN.
PAUL SEAMAN.
R. D. NICHOLSON.
TERENCE A. WALSH.
D. A. IPP.
HENRY WALLWORK.
M. J. MURRAY.
R. J. M. ANDERSON.
N. J. OWEN.
K. WHITE.

GRAEME SCOTT.