Australian Capital Territory
Supreme Court Rules Amendment
Subordinate Law 2001 No 23

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 MILES
Chief Justice
T J Higgins
Judge
K J Crispin
Judge
M F Gray
Judge
J e CIRCOSTA
Registrar

Australian Capital Territory
Supreme Court Rules Amendment
Subordinate Law 2001 No 23
made under the
Supreme Court Act 1933

    
Contents
	Page
	1	Commencement	1
	2	Rules amended	1
	3	Order 61 rule 3 (b)	1
	4	Order 61 new rule 3 (c) and (d)	1
	5	Order 61 rule 3, note	1
	6	Order 61 new rule 4A	2
	7	Order 61A rule 1 (y)	2
	8	Order 61A new rule 1 (z) and (za)	2
	9	Order 61A rule 1, note	2
	10	Order 61A new rules 4A and 4B	3
	11	Order 61A rule 5 (a)	3
	12	New schedule 2	4
	13	Corporations Law Rules 2000	16

1	Commencement
These rules commence on the day they are notified in the Gazette.
2	Rules amended
These rules amend Supreme Court Rules.
3	Order 61 rule 3 (b)
omit
·	section 105 (4).
substitute
·	section 105 (4); and
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.
5	Order 61 rule 3, note
omit
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.
7	Order 61A rule 1 (y)
omit
57 (Exercise of discretion under limitation law).
substitute
57 (Exercise of discretion under limitation law); and
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.
9	Order 61A rule 1, note
omit
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.
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;
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 	29
30
31	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 	37
44	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 	57
58
59	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 	56
69
75	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 	70
73
74
76	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	
13	Corporations Law Rules 2000
repeal

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
© Australian Capital Territory 2001