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These Rules constitute Chapter V of the Rules of the Supreme Court and are entitled the Supreme Court (Corporations) Rules 2013.
The object of these Rules is to provide for rules in relation to Corporations matters in harmony with like rules in all other States and Territories.
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.
These Rules come into operation on 24 September 2013.
The following Rules are revoked—
the Supreme Court (Corporations) Rules 2003[1];
the Supreme Court (Chapter V Amendment No. 1) Rules 2005[2];
the Supreme Court (Chapter V Amendment No. 2) Rules 2006[3];
the Supreme Court (Chapter V Amendment No. 3) Rules 2007[4];
the Supreme Court (Chapter V Amendment No. 4) Rules 2007[5];
the Supreme Court (Chapter V Amendment No. 5) Rules 2008[6];
the Supreme Court (Chapter V Amendment No. 6) Rules 2009[7];
the Supreme Court (Chapter V Amendment No. 7) Rules 2010[8].
Unless the Court otherwise orders—
these Rules apply to a proceeding in the Court under the Corporations Act or the ASIC Act; and
Order 15A applies to a proceeding in the Court under the Cross-Border Insolvency Act.
The other Rules of the Court apply, so far as they are relevant and not inconsistent with these Rules—
to a proceeding in the Court under the Corporations Act or the ASIC Act; and
to a proceeding in the Court under the Cross-Border Insolvency Act that is commenced on or after the commencement of the Supreme Court (Chapter V Amendment No. 6) Rules 2009.
Unless the Court otherwise orders, the Supreme Court (Corporations Law) Rules 1999 continue to apply to a proceeding under the Corporations Law or the ASIC Law.
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.
Rule 1.4 amended by S.R. No. 56/2018 rule 5(2) (ILA s. 39(B)(2)).
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 to Rule 1.4(1) amended by S.R. No. 56/2018 rule 5(1).
Note
Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include—
ABN—see section 9;
ACN—see section 9;
ARBN—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;
Gazette notice—see section 9;
officer—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.
Rule 1.4(2) inserted by S.R. No. 56/2018 rule 5(2).
Unless the contrary intention appears, an expression used in the 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;
Rule 1.5 def. of Corporations List Judge inserted by S.R. No. 48/2014 rule 23(1).
Corporations List Judge means a Judge of the Court nominated by the Chief Justice as a Corporations List Judge;
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;
Rule 1.5 def. of Insolvency Practice Schedule (Corpor-ations) inserted by S.R. No. 56/2018 rule 6.
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;
Rule 1.5 def. of originating process amended by S.R. No. 48/2014 rule 23(2).
originating process means an originating process in accordance with Form 2 or Form 2A;
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;
Rule 1.5 def. of RedCrest inserted by S.R. No. 48/2014 rule 23(1), substituted by S.R. Nos 15/2017 rule 22, 58/2018 rule 31(a).
RedCrest means the electronic filing system in operation in the Court from time to time;
Rule 1.5 def. of RedCrest Corporations List inserted by S.R. No. 48/2014 rule 23(1), substituted by S.R. No. 15/2017 rule 22, revoked by S.R. No. 58/2018 rule 31(b).
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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 paragraph (1), the Prothonotary 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 paragraph (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.
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Order 2—Proceedings generally
The title of a document filed in a proceeding must be in accordance with Form 1.
Rule 2.1.1 inserted by S.R. No. 48/2014 rule 24, amended by S.R. No. 10/2015 rule 14, revoked by S.R. No. 58/2018 rule 32.
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Rule 2.2 (Heading) amended by S.R. Nos 48/2014 rule 25(1), 58/2018 rule 33(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—
Rule 2.2(3)(a) substituted by S.R. Nos 48/2014 rule 25(2), 58/2018 rule 33(2)(a).
be in accordance with Form 2; and
state—
Rule 2.2(3)(b)(i) amended by S.R. No. 58/2018 rule 33(2)(b).
each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each provision of the Insolvency Practice Schedule (Corporations) under which the proceeding is brought; 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 3—Notes to these Rules.
An interlocutory process must—
be in accordance with Form 3; and
state—
Rule 2.2(4)(b)(i) amended by S.R. No. 58/2018 rule 33(3).
if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each provision of the Insolvency Practice Schedule (Corporations) or each rule of Court under which the application is made; and
the relief sought.
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