Untitled document

Supreme Court (Chapter V Amendment No. 7) Rules 2010

S.R. No. 83/2010

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Order for meetings to identify proposed scheme

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 83/2010

Supreme Court Act 1986
Corporations (Ancillary Provisions) Act 2001

Supreme Court (Chapter V Amendment No. 7) Rules 2010

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter V of the Rules of the Supreme Court to provide for a form of notice to be included in a court order made under section 411(1) of the Corporations Act in relation to schemes of arrangement.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 23 of the Corporations (Ancillary Provisions) Act 2001 and all other enabling powers.

3Commencement

These Rules come into operation on 1 September 2010.

4Order for meetings to identify proposed scheme

After Rule 3.3(3) of the Supreme Court (Corporations) Rules 2003[1] insert—

"(4)An order under section 411(1) of the Corporations Act shall require that the explanatory statement or a document accompanying the explanatory statement prominently display a notice in the following form or to the following effect—

"IMPORTANT NOTICE ASSOCIATED WITH COURT ORDER UNDER SECTION 411(1) OF THE CORPORATIONS ACT 2001

The fact that under section 411(1) of the Corporations Act 2001 the Court has ordered that a meeting be convened and has approved the explanatory statement required to accompany the notices of the meeting does not mean that the Court:

(a)has formed any view as to the merits of the proposed scheme or as to how members/creditors should vote (on this matter members/creditors must reach their own decision); or

(b)has prepared, or is responsible for, the content of the explanatory statement.".

Dated:    26 August 2010

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

MARK WEINBERG, J.A.

D. L. HARPER, J.A.

H. R. HANSEN, J.A.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

BETTY JUNE KING, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

TONY PAGONE, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, J.

CLYDE CROFT, J.

M.L. SIFRIS, J.

PETER ALMOND, J.

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ENDNOTES

[1] Rule 4:  S.R. No. 107/2003.  Reprint No. 1 as at 17 December 2008.  Reprinted to S.R. No. 117/2008 and subsequently amended by S.R. Nos 43/2009, 44/2009 and 97/2009.