SUPREME COURT RULES AMENDMENT (2001 NO 23) - made under the Supreme Court Act 1933 - TABLE OF PROVISIONS 1. Commencement 2. Rules amended 3. Order 61 rule 3 (b) 4. Order 61 new rule 3 (c) and (d) 5. Order 61 rule 3, note 6. Order 61 new rule 4A 7. Order 61A rule 1 (y) 8. Order 61A new rule 1 (z) and (za) 9. Order 61A rule 1, note 10. Order 61A new rules 4A and 4B 11. Order 61A rule 5 (a) 12. New schedule 2 13. Corporations Law Rules 2000 ENDNOTES SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 1 Commencement These rules commence on the day they are notified in the Gazette. SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 2 Rules amended These rules amend Supreme Court Rules. SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 3 Order 61 rule 3 (b) omit o section 105 (4). substitute o section 105 (4); and SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 4 Order 61 new rule 3 (c) and (d) (c) under a provision of the Corporations Act 2001 (Cwlth) mentioned in column 2, or a provision of the Corporations Rules 2001 mentioned in column 3, of an item in schedule 2, part 1; and (d) under a provision of the Australian Securities and Investments Commission Act 2001 (Cwlth) mentioned in column 2, or a provision of the Corporations Rules 2001 mentioned in column 3, of an item in schedule 2, part 2. SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 5 Order 61 rule 3, note omit SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 6 Order 61 new rule 4A insert 4A Appeals from decisions etc of registrar in relation to corporations An application for the review of a decision, direction or act of the registrar made, given or done under the Corporations Rules 2001 must be made within-- (a) 21 days after the decision, direction or act; or (b) any further time allowed by the court. SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 7 Order 61A rule 1 (y) omit 57 (Exercise of discretion under limitation law). substitute 57 (Exercise of discretion under limitation law); and SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 8 Order 61A new rule 1 (z) and (za) insert (z) under a provision of the Corporations Act 2001 (Cwlth) mentioned in column 2, or a provision of the Corporations Rules 2001 mentioned in column 3, of an item in schedule 2, part 1; and (za) under a provision of the Australian Securities and Investments Commission Act 2001 (Cwlth) mentioned in column 2, or a provision of the Corporations Rules 2001 mentioned in column 3, of an item in schedule 2, part 2. SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 9 Order 61A rule 1, note omit SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 10 Order 61A new rules 4A and 4B insert 4A Appeals from decisions etc of master in relation to corporations An application for the review of a decision, direction or act of the master made, given or done under the Corporations Rules 2001 must be made within-- (a) 21 days after the decision, direction or act; or (b) any further time allowed by the court. 4B Reference by master (1) If a proceeding before the master in relation to a matter mentioned in rule 1 (z) or (za) appears to the master to be proper for the decision of the court or a judge, the master may refer the matter to the court or a judge. (2) If the master refers a matter to the court or a judge, the court or judge may dispose of the matter or refer it back to the master with any direction the court or judge considers appropriate. SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 11 Order 61A rule 5 (a) substitute (a) the appeal (other than an appeal to which rule 4A applies) must be instituted within 5 days after the date of the judgment complained of; SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 12 New schedule 2 insert Schedule 2 Powers of the court that may be exercised by the master or registrar (see o 61 r 3 (c), (d), o 61A, r 1 (z) (za)) Part 1 Corporations Act item provision of Corporations Act rule of Corporations Rules description (for information only) 1 8 power to give directions 2 24 power to grant leave to creditor, contributory or officer to be heard in proceeding or be added as a defendant, etc 3 25 power to direct an inquiry in relation to a corporation's debts, etc 4 sections 247A and 247B power to order inspection of books 5 section 252E power to order meeting of members of registered scheme 6 section 266 (4) power to extend period for lodgment of notice in relation to charge 7 section 267 (3) power to give leave to enforce charge 8 section 274 power to rectify register of charges 9 section 411 293031 power to make order in relation to administration of compromise or arrangement etc 10 section 418A power to make declaration about validity of controller's appointment and in relation to control of property 11 section 419 power to make order relieving person who incurs liability in belief that properly appointed as a receiver 12 section 419A power to relieve controller from liability 13 section 420B power to authorise managing controller to dispose of property despite prior charge 14 section 420C power to authorise receiver to carry on corporation's business during the winding-up 15 section 423 32 power to inquire into conduct of controller 16 section 424 power to give directions in relation to controller's functions and powers 17 section 425 60 power to fix amount of remuneration of a receiver 18 section 429 (3) power to extend time for report 19 section 434B power to remove redundant controller 20 section 438D power to direct administrator to give a report 21 section 440B power to grant leave to enforce a charge 22 section 440C power to grant leave to take possession of property 23 section 440D power to grant leave to begin or proceed with a proceeding in a court against a company that is in administration, or in relation to any of its property 24 section 440F power to grant leave to begin or proceed with enforcement process in relation to the property of a company 25 section 440G (7) power to authorise a court officer to take action or to make a payment that would be prohibited 26 section 440J power to grant leave to take enforcement action under a guarantee 27 section 441D power to limit powers of chargee in relation to charged property 28 section 441H power to limit powers of receiver etc in relation to property used by company 29 section 442C power to grant leave to administrator to dispose of encumbered property 30 section 443B (8) power to grant relief of administrator from personal liability for rent 31 section 444B (2) power to extend time for execution of deed of company arrangement 32 section 444C (2) power to grant leave to act inconsistently with deed of company arrangement 33 section 444E (3) power to grant leave to person bound by deed of company arrangement to begin or proceed with enforcement process in relation to property of company 34 section 444F power to order secured creditor or owner or lessor of property not to take certain actions 35 section 445B power to make an order cancelling a variation of a deed of company arrangement 36 section 445D power to make order terminating a deed of company arrangement 37 section 445G power to avoid or validate deed of company arrangement 38 section 447A power to make order to bring administration to an end 39 section 447B power to make order to protect interests of company's creditors during an administration 40 section 447C power to declare whether administrator is validly appointed 41 section 447D power to give directions to administrator 42 section 447E power to make order about supervision of administrator of company or deed of company arrangement 43 section 449B power to make order about removal and appointment of administrator 44 sections 449C and 449D power to make order in relation to vacancy in office of administrator of company or in office of administrator of deed of company arrangement 45 section 449E 61 power to decide or review the remuneration of administrator 46 sections 459F, 459H, 459J, 459L, 459M and 459N power to make order in relation to statutory demands 47 sections 459A, 459B, 459C, 459D, 459P, 459R, 459S, 459T, 461, 462, 464, 465B, 465C, 466, 467, 467A and 467B 33-43 power to make orders in relation to winding-up applications 48 section 468 power in relation to validation of disposition of property 49 section 470 (2) (b) power to direct service of copy of order on another person 50 section 471B power to give leave to begin or proceed with proceeding or enforcement process 51 section 472 3744 power to appoint official liquidator or provisional liquidator 52 section 473 (1) 46 power to remove liquidator 53 section 473 (2) 62 power to decide provisional liquidator's remuneration 54 sections 473 (3) and 473 (5) 63 power to decide or review liquidator's remuneration 55 section 473 (7) 47 power to fill vacancy in office of official liquidator 56 section 473 (8) power to declare what may be done by liquidator, if more than 1 liquidator is appointed by the court 57 section 474 (2) power to order that property vest in liquidator 58 section 475 (8) 48 power to grant leave for payment of costs and expenses incurred in preparing report under section 475 59 section 479 power to give directions in matters arising in winding-up 60 section 480 50 power to release liquidator and deregister company 61 section 481 52 power to order preparation of report on accounts of liquidator 62 section 483 (1) power to require payment of money or transfer of property 63 section 483 (3) 53 power to order payment of a call 64 section 484 575859 power to appoint special manager 65 section 486 power to make order for inspection of books by creditors or contributories 66 section 488 (2) 54 power to grant leave to distribute a surplus 67 section 490 power to grant leave to company to wind up voluntarily 68 section 495 (4) power to make order in relation to conduct of meeting in course of members' voluntary winding-up 69 section 496 (3) power to order that list of creditors be sent to creditors in members' voluntary winding-up 70 section 497 (3) power to order that list of creditors be sent to creditors in creditors' voluntary winding-up 71 section 499 power to make order about liquidator if different liquidator chosen 72 section 500 power to make order about execution and civil proceedings 73 section 502 47 power to appoint liquidator 74 section 503 power to remove liquidator 75 section 504 power to review liquidator's remuneration in voluntary winding-up 76 section 507 (6) power to sanction resolution to accept shares as consideration for sale of property of company 77 section 507 (9) power to give directions necessary for arbitration 78 section 507 (10) power to approve liquidator's exercise of powers in creditors' voluntary winding-up 79 section 509 (6) power to order ASIC to deregister company on specified day 80 section 510 (3) power to settle dispute about value of security or lien or amount of debt or set-off 81 section 511 (1) (a) power to decide question in winding-up of company 82 section 511 (1) (b) power to make order in relation to an application to the court to exercise powers which might be exercised if a company were being wound up by the court 83 section 532 (2) power to grant leave for person to be appointed as liquidator 84 section 536 566975 power to make order in relation to supervision of liquidators 85 section 542 (3) (a) power to give directions in relation to destruction of books of company 86 section 543 (1) power to make order about the investment of surplus funds 87 section 544 (2) power to order account of funds in hands of liquidator, audit or payment of money by liquidator 88 section 545 power to direct liquidator to incur particular expense 89 section 551 power to give leave for member of committee of inspection to accept extra benefit etc 90 section 552 power to give direction or permission if no committee of inspection is appointed 91 section 554A 84 power to estimate or decide value of debts and claims of uncertain value in liquidation 92 section 554G power to grant leave to secured creditor to amend valuation of security in proof of debt 93 section 564 power to make order in favour of creditors who give company indemnity for costs of litigation 94 sections 568, 568B, 568E and 568F 66 power to make order in relation to disclaimer of onerous property 95 sections 583 and 585 67 power in relation to winding up Part 5.7 bodies 96 sections 596A, 596B, 596F, 597, 597A and 597B 70737476 power to make order in relation to examinations 97 sections 600A to 600D power to make order in relation to creditor's resolutions 98 section 601AH (2) power to order reinstatement of registration of company 99 section 601BJ (2) power to approve modification in constituent documents of registered company 100 section 601CC (9) power to order restoration of name of registered Australian body to the Register 101 section 601CL (10) power to order restoration of name of registered foreign company to the Register 102 section 1092 80 power to make order in relation to person summoned 103 section 1094 power to make order in relation to company's refusal to register share transfer 104 section 1096 (4) power to make order to remedy default in issuing certificate etc 105 section 1274 power to make order if failure to give, amend etc document 106 section 1303 power to order that books be available for inspection 107 section 1319 power to give directions in relation to meetings 108 section 1321 84 power to make order in appeal from decision of receiver or liquidator 109 section 1322 power to make order in relation to irregularities 110 section 1335 power to make order about costs Part 2 ASIC Act item provision of the ASIC Act rule description (for information only) 1 section 79 (4) power to extend period to give notice of intention to have statements made at examination admitted SUPREME COURT RULES AMENDMENT (2001 NO 23) - REG 13 Corporations Law Rules 2000 repeal SUPREME COURT RULES AMENDMENT (2001 NO 23) - NOTES Endnotes Endnotes Rules amended 1 Republished as in force on 16 February 2001 (Republication No 8). See also SL 2001 No 10. Notification 2 Notified in Gazette 2001 No S46 on 16 July 2001. Printed by Authority of the ACT Government Printer(c) Australian Capital Territory 2001 SUPREME COURT RULES AMENDMENT (2001 NO 23) - NOTES Australian Capital Territory We, Judges of the Supreme Court, make the following rules of court under the Supreme Court Act 1933, section 36. Dated 29 June 2001. JEFFREY MILESChief Justice T J HIGGINSJudge K J CRISPINJudge M F GRAYJudge J E CIRCOSTARegistrar Australian Capital Territory Supreme Court Rules Amendment Subordinate Law 2001 No 23