Supreme Court Rules (Amendment No 383) 2003 (NSW)

2003 No 882

New South Wales

Supreme Court Rules (Amendment

No 383) 2003

under the

Supreme Court Act 1970

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

Supreme Court Act 1970 on 17 November 2003.

Steven Jupp

Secretary of the Rule Committee

Explanatory note

The object of these Rules is to amend the Supreme Court Rules 1970 to confer additional powers on Masters of the Court.

Published in Gazette No 186 of 28 November 2003, page 10781	Page 1
2003 No 882
Rule 1	Supreme Court Rules (Amendment No 383) 2003

Supreme Court Rules (Amendment No 383) 2003

under the

Supreme Court Act 1970

1      Name of Rules

These Rules are the Supreme Court Rules (Amendment No 383)
2003.

2 Amendment of Supreme Court Rules 1970

The Supreme Court Rules 1970 are amended as set out in
Schedule 1.

2003 No 882

Supreme Court Rules (Amendment No 383) 2003

Amendments	Schedule 1
Schedule 1 Amendments

(Rule 2)

[1]      Part 60 rule 17

Omit “and 17A” from rule 17 (a).
Insert instead “, 17A, 24, 25, 26, 27 and 28”.

[2]      Part 60 rule 17 (a1)

Omit “paragraph 5”. Insert instead “paragraphs 5, 5A and 5B”.

[3]      Schedule D

Omit the matter relating to 55 Vict No 12; Partnership Act 1892 from
Part 1.

[4]      Schedule D, Part 1

Omit the matter relating to the Corporations Law and the Corporations
Regulations.

[5]      Schedule D, Part 1

Insert at the end of Part 1:

Act No 50, 2001
(Commonwealth);
Corporations Act 2001—

Section 274	Rectification of register of company charges
Part 5.3A	Administration of company’s affairs with view to executing deed of company arrangement
Part 5.4	Winding up
Section 461	Winding up Where the application is not opposed.

2003 No 882

Supreme Court Rules (Amendment No 383) 2003

Schedule 1 Amendments

Part 5.4B	Winding up	Except ss 472 (2), (3) and (6), 486A, 486B and 487.
Section 495 (4)	Members’ voluntary winding up: meeting
Section 500	Creditor’s voluntary winding up
Section 504	Voluntary winding up: remuneration of liquidator
Part 5.6	Winding up: companies	In a winding up by the court and except ss 532 (2), 536, 540 (1), 544 (2)
and 568.
Part 5.7	Winding up: bodies other	Except in respect of ss
than companies	532 (2), 536, 540 (1), 544 (2) and 568.
Section 597	Examination of persons concerned with corporations
Section 1274	Directions to make good default in lodgement of documents
Section 1319	Directions, meetings ordered by the Court
Section 1321	Appeals from decisions of	Restricted to appeals in
receivers, liquidators etc	respect of decisions under section 430 (3) or 475 (8) of the Corporations Act 2001.

2003 No 882

Supreme Court Rules (Amendment No 383) 2003

Amendments Schedule 1

Section 1322	Irregularities, extension of	Restricted to orders or
time etc	declarations in or for the purposes of proceedings for other relief under the Corporations Act 2001
which the Master may grant.
Section 1324	Injunctions	Restricted to orders where it is alleged that there has been an inappropriate reduction of capital or share buy back.
Section 1335	Security for costs etc

Corporations Regulations 2001 (Commonwealth)—

Part 5.6 Winding up

[6]      Schedule D, Part 3

Omit paragraph 5. Insert instead:

5                An appeal from, or an application for prerogative or declaratory relief relating to, the Consumer, Trader and Tenancy Tribunal.

5A	Proceedings referred to a master by a Judge where those proceedings are an appeal from, or an application for prerogative or declaratory relief relating to, the Administrative Decisions Tribunal.
5B	An appeal from a Local Court in any civil matter.

[7]      Schedule D, Part 3

Omit paragraphs 20 and 21.

2003 No 882

Supreme Court Rules (Amendment No 383) 2003

Schedule 1 Amendments

[8]      Schedule D, Part 3

Insert at the end of Part 3:

24	Trial (except with a jury) of any proceedings arising out of or under the Partnership Act 1892 or any question arising in proceedings where the plaintiff alleges the plaintiff and any defendant were partners and that the partnership has terminated.
25	Trial (except with a jury) of proceedings for any of the following matters:

(a)	the foreclosure or redemption of a mortgage or the enforcing of any charge or lien,
(b)	the specific performance, rectification, delivery up or cancellation of any agreement for the sale or purchase of any property or the lease of any property,
(c)	relief against fraud or mistake,
(d)	the execution of a trust or a declaration that a trust subsists,
(e)	the administration of the estate of a deceased person,
(f)	any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated (not being a claim or demand of a kind to which paragraph (a), (b), (c), (d) or (e) applies).

26                Trial (except with a jury) of any proceedings in the Equity Division in which all the parties are related to each other by blood or marriage (other than adoption proceedings or matters arising in the Court’s parens patriae jurisdiction).

27                Trial (except with a jury) of any proceedings arising out of or under the Frustrated Contracts Act 1978, the Contracts Review Act 1980 or the Fair Trading Act 1987.

28                In proceedings in which a master has jurisdiction to determine a matter under these rules, any inherent jurisdiction of the Court to decide any associated or appendant matter in issue in the proceedings.

29                Any jurisdiction of the Court that is exercisable by a registrar of the Court.

BY AUTHORITY