Supreme Court (Corporations) (WA) Amendment Rules 2018 (WA)

27 February 2018	GOVERNMENT GAZETTE, WA	625
Supreme Court Act 1935

Corporations (Ancillary Provisions) Act 2001

Corporations Act 2001 (Commonwealth)

Supreme Court (Corporations) (WA)

Amendment Rules 2018

Made by the judges of the Supreme Court.

1.            Citation

These rules are the Supreme Court (Corporations) (WA)
Amendment Rules 2018.

2.            Commencement

These rules come into operation as follows -

(a)	rules 1 and 2—on the day on which these rules are published in the Gazette;
(b)	the rest of the rules - on 1 March 2018.

3.           Rules amended

a registrar

These rules amend the Supreme Court (Corporations) (WA)
Rules 2004.

4.            Rule 1.7 amended

In rule 1.7(2) delete "the Principal Registrar" and insert:

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Supreme Court (Corporations) (WA) Amendment Rules 2018

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5.      Rule 2.3 amended

(1)

In rule 2.3 delete "On" and insert:

(1) On

(2)

At the end of rule 2.3 insert:

(2)	If the person making the application is an authorised user, the person may print from the EDS 1 or more copies of the sealed originating process or sealed interlocutory process for service and proof of service.
(3)	The Principal Registrar may delegate any function of

the Principal Registrar under subrule (1) to 1 or more

other officers of the Court.

(4)	For the purposes of these rules, a function performed
by a delegate of the Principal Registrar under this rule is taken to be a function performed by the Principal Registrar.

6.	Rule 3.5 amended In rule 3.5(b) and (c) delete "an office" and insert:
a

7.      Rule 6.2 amended

In rule 6.2(2) delete "an office" (each occurrence) and insert:

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8.	Rule 7.1 amended Delete rule 7.1(1) and insert:
(1) A liquidator appointed by the Court who wishes to resign office must file, and lodge with ASIC, a memorandum of resignation addressed to the Principal Registrar.

9.            Rule 7.7 amended

(1) Delete rule 7.7(2)(a) and insert:

(a) file a copy of the report -

(1) electronically, if the Principal Registrar
has given the auditor permission for it to
be filed electronically; or

(ii) if that permission has not been given -

by email, by post or by delivering it;

and

(2)	After rule 7.7(2) insert:
(2A) When presenting a copy of the report to the Court for
filing, the auditor must comply, to the extent that they are relevant, with the provisions of the Rules of the Supreme Court 1971 Order 67A Division 3.

(213) Subrule (2A) does not limit rule 1.3(2).

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10.     Rule 7.11 amended

(I) Delete rule 7.11(2)(a) and (b) and insert:

(a)	in the case of a winding-up by the Court — by
filing an interlocutory process seeking orders under the subsection; and
(b)	in the case of a voluntary winding-up — by
filing an originating process seeking orders under the subsection; and
(c)	in either case — by complying, to the extent
that they are relevant, with the provisions of the Rules of the Supreme Court 1971 Order 67A Division 3.

(2)	Delete rule 7.11(3) and insert:
(3) Subrule (2)(c) does not limit rule 1.3(2).

11.     Rule 11.3 amended

Delete rule 11.3(4) and insert:

(4) The person presenting the originating process, or
interlocutory process, and supporting affidavit to the

Court for filing must comply, to the extent that they are

relevant, with the provisions of the Rules of the

Supreme Court 1971 Order 67A Division 3.

(4A) Subrule (4) does not limit rule 1.3(2).

The Hon. CHIEF JUSTICE WAYNE MARTIN AC
Chief Justice of Western Australia

Supreme Court of Western Australia.

Date 23 February 2018.