Supreme Court (Corporations) Rules 1999

These Rules may be cited as the Supreme Court (Corporations) Rules 1999.

These Rules commence on 1 March 2000.

Unless the Court otherwise orders:

these Rules apply to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules, and

Division 15A applies to a proceeding in the Court under the Cross-Border Insolvency Act.

The other rules of the Court apply, to the extent that they are relevant and not inconsistent with these Rules:

to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these Rules, and

to a proceeding in the Court under the Cross-Border Insolvency Act that is commenced on or after the commencement of Division 15A.

Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Act, or the ASIC Act, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was commenced before the commencement of these Rules.

Note—

By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations.

Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act.

Note—

Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include:

ABN (short for ‘Australian Business Number’)—see section 9

ACN (short for ‘Australian Company Number’)—see section 9

ARBN (short for ‘Australian Registered Body Number’)—see section 9

ASIC—see section 9

body—see section 9

body corporate—see section 9

books—see section 9

company—see section 9

corporation—see section 57A

daily newspaper—see section 9

foreign company—see section 9

Part 5.1 body—see section 9

Part 5.7 body—see section 9

register—see section 9

registered liquidator—see section 9

registered office—see section 9

statutory demand—see section 9.

Unless the contrary intention appears, an expression used in these Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule.

Note—

Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule.

In these Rules, unless the contrary intention appears:

applicant means a person claiming interlocutory relief in a proceeding.

ASIC Act means the Australian Securities and Investments Commission Act 2001 of the Commonwealth.

Corporations Act means the Corporations Act 2001 of the Commonwealth.

Corporations Regulations means the Corporations Regulations 2001 of the Commonwealth.

Cross-Border Insolvency Act means the Cross-Border Insolvency Act 2008 of the Commonwealth including, unless the contrary intention appears, the Model Law.

defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross-Border Insolvency Act, whether in the originating process or not.

Insolvency Practice Schedule (Corporations) means Schedule 2 to the Corporations Act.

interlocutory process means an interlocutory process in accordance with Form 3.

Model Law means the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross-Border Insolvency Act, with the modifications set out in Part 2 of that Act.

originating process means an originating process in accordance with Form 2.

plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross-Border Insolvency Act, whether in the originating process or not.

respondent means a person against whom interlocutory relief is claimed in a proceeding.

In these Rules, unless the contrary intention appears:

a reference to a rule is a reference to a rule in these Rules, and

a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.

It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.

Without limiting subrule (1), the Court or the Court officer must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules.

The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that:

the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding, or

a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in the proceeding.

If, for any purpose, these Rules:

prohibit, permit or require an act or thing to be done within, by, or before the end of, or

otherwise prescribe, allow or provide for,

a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be.

Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted.

If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day.

In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted.

Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply.

The title of a document filed in a proceeding must be in accordance with Form 1.

Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court:

if the application is not made in a proceeding already commenced in the Court—by filing an originating process, and

in any other case, and whether interlocutory relief or final relief is claimed—by filing an interlocutory process.

Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding.

An originating process must:

be in accordance with Form 2, and

state:

each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought, and

the relief sought.

An interlocutory process must:

be in accordance with Form 3, and

state:

if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made, and

the relief sought.

Note—

In an application for winding up in insolvency on the ground that the company has failed to comply with a statutory demand, the applicant should consider completing Part C of Form 2 as shown in Schedule 2 (Notes to these Rules).