Supreme Court (Corporations) (WA) Amendment Rules 2007 (WA)

13 April 2007 GOVERNMENT GAZETTE, WA 1671

JU301*

Supreme Court Act 1935

Corporations (Ancillary Provisions) Act 2001 Corporations Act 2001 of the Commonwealth

Supreme Court (Corporations) (WA)

Amendment Rules 2007

Made by the Judges of the Supreme Court.

1.            Citation

These rules are the Supreme Court (Corporations) (WA)
Amendment Rules 2007.

is claimed

2.            The rules amended

The amendments in these rules are to the Supreme Court
(Corporations) (WA) Rules 2004*.

[* Published in Gazette 21 May 2004, p. 1603-95.

For amendments to 26 March 2007 see Western Australian
Legislation Information Tables for 2005, Table 4.]

3.             Rule 2.2 amended

(1) Rule 2.2(1)(b) is amended by inserting after "in any other
case" —

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, and whether or not final or interlocutory relief

1672 GOVERNMENT GAZETTE, WA 13 April 2007

(2) Rule 2.2(4)(b)(i) is amended by deleting "interlocutory".

4. Rule 2.7 amended
Rule 2.7(2) is amended as follows:

(a) in paragraph (a) by deleting "interlocutory application" and inserting instead -

44

application in the interlocutory process

(b) in paragraph (b) by deleting "interlocutory application" and inserting instead -

44

application in the interlocutory process ".

5.            Rule 6.1 amended

Rule 6.1(1) is repealed and the following subrule is inserted instead -

(1) An application for an official liquidator to be appointed

under the Corporations Act section 472(2) as a
provisional liquidator of a company must be
accompanied by the written consent of the official
liquidator.

6.            Rule 12.113 inserted

After rule 12. 1A the following rule is inserted -

12.113. Notification to Court where proceeding is

commenced before end of takeover bid period

(Corporations Act s. 659B)

(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 the Corporations Act section 659B(4).

(2) The party identified in subrule (1) must, immediately

on suspecting or becoming aware of the matters
mentioned in subrule (1), notify any other party to the
proceeding and the Court of that suspicion or

knowledge.

(3) The party must comply with subrule (2), unless any

other party to the proceeding has given a notice under
this rule to the party.

13 April 2007 GOVERNMENT GAZETTE, WA 1673

7. Schedule 1 amended
Schedule 1 Form 3 is amended as follows:

(a)	in heading A. by deleting "INTERLOCUTORY";
(b)

by deleting "This interlocutory application" in both " This application ";

(c)

by deleting "the following interlocutory" and inserting " the following ".

Dated 3rd April 2007.

WAYNE MARTIN,

Chief Justice's signature.

Murray J	McLure J
Owen J	Pullin J
Steytler J	Heenan J
Templeman J	Barker J
Wheeler J	Johnson J
Miller J	Le Miere J
McKechnie J	Jenkins J
Hasluck J	Simmonds J
Roberts-Smith J	Buss J
Judges' signatures