SUPREME COURT (CORPORATIONS) RULES 2003

Victorian Consolidated Regulations

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SUPREME COURT (CORPORATIONS) RULES 2003

S.R. No. 107/2003
Version incorporating amendments as at 4 May 2009

TABLE OF PROVISIONS

Rule Page
ORDER 1-PRELIMINARY
1.1. Citation
1.1. 1. Object and authorising provisions
1.2. Commencement and revocation
1.3. Application of these Rules and other rules of the Court
1.4. Expressions used in the Corporations Act
1.5. Definitions for these Rules
1.6. Reference to rules and forms
1.7. Substantial compliance with forms
1.8. Court's power to give directions
1.9. Calculation of time
1.10. Extension and abridgment of time
ORDER 2-PROCEEDINGS GENERALLY
2.1. Title of documents in a proceeding-Form 1.
2.2. Originating process and interlocutory process-Forms 2 and 3.
2.3. Fixing of hearing
2.4. Supporting affidavits
2.4A. Application for order setting aside statutory demand (s. 459G
of the Corporations Act)
2.5. Affidavits made by creditors
2.6. Form of affidavits
2.7. Service of originating process or interlocutory process and supporting affidavit
2.8. Notice of certain applications to be given to ASIC
2.9. Notice of appearance (s. 465C of the Corporations Act)-
Form 4.
2.10. Intervention in proceeding by ASIC (s. 1330 of the Corporations Act)-Form 5.
2.11. Publication of notices
2.12. Proof of publication
2.13. Leave to creditor, contributory or officer to be heard
2.14. Inquiry in relation to corporation's debts etc.
2.15. Meetings ordered by the Court
ORDER 3-COMPROMISES AND ARRANGEMENTS IN RELATION TO PART 5.1 BODIES
3.1. Application of Order 3.
3.2. Nomination of chairperson for meeting
3.3. Order for meetings to identify proposed scheme
3.4. Notice of hearing (ss 411(4), 413(1) of the Corporations Act)-Form 6.
3.5. Copy of order approving compromise or arrangement to be lodged with ASIC
ORDER 4-RECEIVERS AND OTHER CONTROLLERS OF CORPORATION PROPERTY (PART 5.2 OF THE CORPORATIONS ACT)
4.1. Inquiry into conduct of controller (s. 423 of the Corporations Act)
ORDER 5-WINDING UP PROCEEDINGS (INCLUDING OPPRESSION PROCEEDINGS WHERE WINDING UP IS SOUGHT)
5.1. Application of Order 5.
5.2. Affidavit accompanying statutory demand (s. 459E(3) of the Corporations Act)-Form 7.
5.3. Application for leave to apply for winding up in insolvency (s. 459P(2) of the Corporations Act)
5.4. Affidavit in support of application for winding up (ss 459P,
462, 464 of the Corporations Act)
5.5. Consent of liquidator (s. 532(9) of the Corporations Act)-Form 8.
5.6. Notice of application for winding up-Form 9.
5.7. Applicant to make copies of documents available
5.8. Discontinuance of application for winding up
5.9. Appearance before Associate Judge
5.10. Order substituting plaintiff in application for winding up
(s. 465B of the Corporations Act)-Form 10.
5.11. Notice of winding up order and appointment of liquidator-Form 11.
ORDER 6-PROVISIONAL LIQUIDATORS (PART 5.4B OF
THE CORPORATIONS ACT)
6.1. Appointment of provisional liquidator (s. 472 of the
Corporations Act)-Form 8.
6.2. Notice of appointment of provisional liquidator-Form 12.
ORDER 7-LIQUIDATORS
7.1. Resignation of liquidator (s. 473(1) of the Corporations Act)
7.2. Filling vacancy in office of liquidator (ss 473(7), 502 of the Corporations Act)
7.3. Report to liquidator as to company's affairs (s. 475 of the Corporations Act)
7.4. Liquidator to file certificate and copy of settled list of contributories (s. 478 of the Corporations Act)
7.5. Release of liquidator and deregistration of company (ss 480(c) and (d) of the Corporations Act)
7.6. Objection to release of liquidator-Form 13.
7.7. Report on accounts of liquidator (s. 481 of the Corporations
Act)
7.8. Application for payment of call (s. 483(3)(b) of the
Corporations Act)-Form 14.
7.9. Distribution of surplus by liquidator with special leave of the Court (s. 488(2) of the Corporations Act)-Form 15.
7.10. Powers delegated to liquidator by the Court (s. 488 of the Corporations Act)
7.11. Inquiry into conduct of liquidator (s. 536(1) and (2) of the Corporations Act)
ORDER 8-SPECIAL MANAGERS (PART 5.4B OF THE CORPORATIONS ACT)
8.1. Application for appointment of special manager (s. 484 of the Corporations Act)
8.2. Security given by special manager (s. 484 of the Corporations Act)
8.3. Special manager's receipts and payments (s. 484 of the Corporations Act)
ORDER 9-REMUNERATION OF OFFICE-HOLDERS
9.1. Remuneration of receiver (s. 425(1) of the Corporations Act)-Form 16.
9.2. Determination by Court of remuneration of administrator (Corporations Act s. 449E(1)(c) and (1A)(c))-Form 16.
9.2A. Review of remuneration of administrator (Corporations Act s. 449E(2))
9.3. Remuneration of provisional liquidator (s. 473(2) of the Corporations Act)-Form 16.
9.4. Determination by Court of liquidator's remuneration (Corporations Act s. 473(3)(b)(ii))
9.4A. Review of remuneration of liquidator (Corporations Act
s. 473(5) and (6) and s. 504(1))
9.5. Remuneration of special manager (s. 484(2) of the Corporations Act)-Form 16.
ORDER 10-WINDING UP GENERALLY
10.1. Determination of value of debts or claims (s. 554A(2) of the Corporations Act)
10.2. Disclaimer of contract (s. 568(1A) of the Corporations Act)
10.3. Winding up Part 5.7 bodies (ss 583, 585 of the Corporations
Act) and registered schemes (s. 601ND of the Corporations
Act)
ORDER 11-EXAMINATIONS AND ORDERS (PART 5.9, DIVISIONS 1 AND 2 OF THE CORPORATIONS ACT)
11.1. Definition for Order 11.
11.2. Application for examination or investigation under ss 411(9)(b), 423 or 536(3) of the Corporations Act
11.3. Application for examination summons (ss 596A, 596B of the Corporations Act)-Form 17.
11.4. Service of examination summons
11.5. Discharge of examination summons
11.6. Filing of record of examination (s. 597(13) of the Corporations Act)
11.7. Authentication of transcript of examination (s. 597(14) of the Corporations Act)
11.8. Inspection of record or transcript of examination or
investigation under ss 411, 423 or 536 of the Corporations
Act
11.9. Entitlement to record or transcript of examination held in
public
11.10. Default in relation to examination
11.11. Service of application for order in relation to breaches etc.
by person concerned with corporation (s. 598 of the Corporations Act)
ORDER 11A-WARRANTS (CORPORATIONS ACT SECTION 486B AND PART 5.4B, DIVISION 3, SUBDIVISION B)
11A.01. Arrest of person (Corporations Act s. 486B)-Form 17A.

ORDER 12-TAKEOVERS, ACQUISITION OF SHARES ETC. (CHAPTERS 6 TO 6D OF THE CORPORATIONS ACT) AND SECURITIES (CHAPTER 7 OF THE CORPORATIONS ACT)

12.1. Service on ASIC in relation to proceedings under Chapter 6,
6A, 6B, 6C, 6D or 7 of the Corporations Act
12.1A. Reference to Court of question of law arising in a
proceeding before Takeovers Panel (s. 659A of the Corporations Act)
12.1B. Notification to Court where proceeding is commenced
before end of takeover bid period (s. 659B of the Corporations Act)
12.2. Application for summons for appearance of person (s. 1071D(4) of the Corporations Act)-Form 18.
12.3. Application for orders relating to refusal to register transfer
or transmission of securities etc. (s. 1071F of the Corporations Act)
ORDER 14-POWERS OF COURTS (PART 9.5 OF THE CORPORATIONS ACT)
14.1. Appeal from act, omission or decision of administrator, receiver or liquidator etc. (ss 554A and 1321 of the Corporations Act)
ORDER 15-PROCEEDINGS UNDER THE ASIC ACT
15.1. Reference to Court of question of law arising at hearing of
ASIC (s. 61 of the ASIC Act)
15.3. Application for inquiry (ss 70, 201, 219 of the ASIC Act)
ORDER 15A-PROCEEDINGS UNDER THE CROSS-BORDER INSOLVENCY ACT
15A.1. Application of this Order and other rules of the Court
15A.2. Expressions used in the Cross-Border Insolvency Act
15A.3. Application for recognition
15A.4. Application for provisional relief under article 19 of the Model Law
15A.5. Official liquidator's consent to act
15A.6. Notice of filing of application for recognition
15A.7. Notice of order for recognition, discontinuance etc.
15A.8. Relief after recognition
15A.9. Application to modify or terminate an order for recognition
or other relief
ORDER 16-POWERS OF ASSOCIATE JUDGES

PART 1-GENERAL

16.1. Powers of Associate Judges
16.2. Reference by Associate Judge
16.3. Matters within Associate Judge's jurisdiction not to be brought before Judge of the Court except in certain cases
16.4. Associate Judge not to hear complaint for offence
16.5. Appeals

PART 2-MEETINGS

16.6. Inquiry and order by Associate Judge as to meetings

PART 3-WINDING UP AND OPPRESSION

16.7. Application of Part
16.8. Application to Associate Judge
16.9. Consideration by Associate Judge
16.10. Filing of documents
ORDER 16A-PROCEEDINGS UNDER THE FEDERAL
COURTS (STATE JURISDICTION) ACT 1999.
16A.1. Form for initiating proceeding
ORDER 17-COSTS
17.1. Submission of bill of costs to liquidator
17.2. Request for bill for taxation-Form 18A.
17.3. Lodgement of bill for taxation and appointment to tax
17.4. Liquidator's certificate as to special terms of remuneration
17.5. No allowance for performance by others of liquidator's or
special manager's duties
17.6. Application for costs after proceeding concluded
17.7. Costs of winding up application-short form bills
__________________
SCHEDULE 1-Forms
Form 1-Document Title
Form 2-Originating Process
Form 3-Interlocutory Process
Form 4-Notice of Appearance
Form 5-Notice of Intervention by ASIC
Form 6-Notice of Hearing to Approve Compromise or
Arrangement
Form 7-Affidavit Accompanying Statutory Demand
Form 8-Consent of Liquidator/Provisional Liquidator and Declaration of Relevant Relationships
Form 9-Notice of Application for Winding Up Order
Form 10-Notice of Application for Winding Up Order by Substituted Plaintiff
Form 11-Notice of Winding Up Order and of Appointment of Liquidator
Form 12-Notice of Appointment of Provisional Liquidator
Form 13-Notice by Creditor or Contributory of Objection to
Release of Liquidator
Form 14-Affidavit in Support of Application for Order for
Payment of Call
Form 15-Notice of Application for Leave to Distribute a Surplus
Form 16-Notice of Intention to Apply for Remuneration
Form 16A-Notice of Intention to Apply for Review of
Remuneration
Form 17-Summons for Examination
Form 17A-Arrest Warrant Corporations Act 2001 section 486B.
Form 18-Summons for Appearance in Relation to Registration of Transfer of Interests
Form 18A-Request to Deliver Bill for Taxation
Form 19-Consent to act as designated person
Form 20-Notice of filing of application for recognition of foreign proceeding
Form 21-Notice of making of order under the Cross-Border Insolvency Act 2008.
Form 22-Notice of dismissal or discontinuance of application for recognition of foreign proceeding
Form 23-Notice of filing of application to modify or terminate an order for recognition or other relief
SCHEDULE 2-Powers of the Court that may be Exercised by
an Associate Judge
SCHEDULE 3-Notes to these Rules
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
ORDER 1-PRELIMINARY

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