SUPREME COURT RULES 1970 - SECT 80A.3 Commencement of proceedings

SUPREME COURT RULES 1970 - SECT 80A.3

80A.3 Commencement of proceedings

(1) Subject to rule 18.1 of the Uniform Civil Procedure Rules 2005 (which relates to applications by motion) and to subrules (2), (4) and (5), proceedings in the Court for relief under the Corporations Law or the ASC Law must be commenced by summons under Part 5 rule 4B (as in force at the relevant time before the commencement of the Supreme Court (Corporations) Rules 1999 ).

(2) Proceedings in the Court on an application--

(a) for an order for the winding up of a corporation shall be commenced by summons under Part 5 rule 4A (as in force at the relevant time before the commencement of the Supreme Court (Corporations) Rules 1999 ),

(b) for other relief under the Corporations Law where--

(i) it is necessary to obtain an early appointment for hearing, and

(ii) the plaintiff intends to be ready to proceed at the time appointed,

whether for final or interlocutory relief or directions, may be commenced by summons under Part 5 rule 4A (as in force at the relevant time before the commencement of the Supreme Court (Corporations) Rules 1999 ).

(3) The summons must state above the title--

(a) the name of the subject corporation followed, where appropriate, by the words "(in liquidation)", "(provisional liquidator appointed)", "(receiver appointed)", "(receiver and manager appointed)", "(under official management)" or "(administrator appointed)",

(b) (if applicable) the registered number of the subject corporation preceded by the words "Australian Company Number" (which may be abbreviated to "ACN") or "Australian Registered Body Number" (which may be abbreviated to "ARBN") as the case may be, and

(c) the words "and the Corporations Law " or "and the ASC Law ", as the case may be.

(4) Without limiting the generality of rule 18.1 of the Uniform Civil Procedure Rules 2005 , application of the following kinds must be made by motion in the relevant winding up proceedings, namely--

(a) an application for an order under section 467 (7) (which relates to staying existing proceedings),

(b) an application for an order under section 468 (which relates to avoidance of dispositions of property),

(c) an application for an order under section 472 (which relates to provisional liquidators), and

(d) any application in the winding up of the subject corporation.

(5) An application for an order under section 471B or section 500 (2) in respect of existing proceedings in the Court in a Division may be made by motion in those proceedings.

(6) Notwithstanding subrule (4) and rule 18.1 of the Uniform Civil Procedure Rules 2005 , an application for the issue of an Examination Summons under section 596A or section 596B must be made by summons.