Australian Capital Territory

Supreme Court Amendment Rules 2003 (No 3)
Subordinate Law SL2003-41

We, Judges of the Supreme Court, make the following rules of court under the Supreme Court Act 1933, section 36.
Dated 15 October 2003.
T J Higgins
Chief Justice
K J Crispin
Judge
M F Gray
Judge
T CONNOLLY
Judge

Australian Capital Territory

Supreme Court Amendment Rules 2003 (No 3)
Subordinate Law SL2003-41
made under the
Supreme Court Act 1933

    
Contents
	Page
	1	Name of rules	1
	2	Commencement	1
	3	Rules amended	1
	4	Order 61 rule 3 (c) and (d) and rule 4A	1
	5	Order 61A rule (1) (za) and (zb) and rule 4A	1
	6	Schedule 2	1

1	Name of rules
These rules are the Supreme Court Amendment Rules 2003 (No 3).
2	Commencement
These rules commence on the day after their notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Rules amended
These rules amend the Supreme Court Rules.
4	Order 61 rule 3 (c) and (d) and rule 4A
omit
Corporations Rules 2001
substitute
Supreme Court (Corporations) Rules 2003
5	Order 61A rule (1) (za) and (zb) and rule 4A
omit
Corporations Rules 2001
substitute
Supreme Court (Corporations) Rules 2003
6	Schedule 2
substitute
Schedule 2	Powers of court that may be exercised by master or registrar
(see o 61 r 3 and o 61A r 1)
Part 2.1	Corporations Act

column 1
item	column 2
provision of Corporations Act 	column 3
rule of Supreme Court (Corporations) Rules	column 4
description (for information only)	
1		1.8	power to give directions	
2		2.13	power to grant leave to creditor, contributory or officer to be heard in proceeding or be added as a defendant, etc	
3		2.14	power to direct an inquiry in relation to a corporation’s debts, etc	
4	section 227 		power to declare that conditions prescribed by division 3 of part 2E.1 have been satisfied	
5	sections 247A and 247B		power to order inspection of books	
6	section 252E		power to order meeting of members of registered scheme	
7	section 266 (4) 		power to extend period for lodgment of notice in relation to charge 	
8	section 267 (3) 		power to give leave to enforce charge 	
9	section 274 		power to rectify register of charges 	
10	section 283AE (2) (a) 		power to appoint body corporate as trustee for debenture holders 	
11	section 283EC		power to give directions or determine any question on application of trustee for debenture holders	
12	section 283HA		power to make an order for meeting of debenture holders to direct trustee	
13	section 283HB (1)		power to make an order in relation to borrowing corporations	
14	section 283HB (1) (c)		power to order security for debentures to be enforceable	
15	section 411 	3.3
3.4
3.5	power to make order in relation to administration of compromise or arrangement etc	
16	section 418A		power to make declaration about validity of controller’s appointment and in relation to control of property	
17	section 419 		power to make order relieving person who incurs liability in belief that properly appointed as a receiver 	
18	section 419A 		power to relieve controller from liability 	
19	section 420B 		power to authorise managing controller to dispose of property despite prior charge 	
20	section 420C 		power to authorise receiver to carry on corporation’s business during the winding-up 	
21	section 423 	4.1	power to inquire into conduct of controller	
22	section 424 		power to give directions in relation to controller’s functions and powers	
23	section 425 	9.1	power to fix amount of remuneration of a receiver 	
24	section 429 (3) 		power to extend time for report 	
25	section 434B		power to remove redundant controller 	
26	section 438D 		power to direct administrator to give a report 	
27	section 440B 		power to grant leave to enforce a charge if an administrator has been appointed	
28	section 440C 		power to grant leave to take possession of property 	
29	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 	
30	section 440F 		power to grant leave to begin or proceed with enforcement process in relation to the property of a company 	
31	section 440G (7) 		power to authorise a court officer to take action or to make a payment that would be prohibited 	
32	section 440J 		power to grant leave to take enforcement action under a guarantee 	
33	section 441D 		power to limit powers of chargee in relation to charged property 	
34	section 441H 		power to limit powers of receiver etc in relation to property used by company 	
35	section 442C 		power to grant leave to administrator to dispose of encumbered property	
36	section 443B (8)		power to grant relief of administrator from personal liability for rent 	
37	section 444B (2) 		power to extend time for execution of deed of company arrangement 	
38	section 444C (2)		power to grant leave to act inconsistently with deed of company arrangement 	
39	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	
40	section 444F 		power to order secured creditor or owner or lessor of property not to take certain actions 	
41	section 445B 		power to make an order cancelling a variation of a deed of company arrangement 	
42	section 445D 		power to make order terminating a deed of company arrangement	
43	section 445G 		power to avoid or validate deed of company arrangement 	
44	section 447A 		power to make order to bring administration to an end 	
45	section 447B 		power to make order to protect interests of company’s creditors during an administration 	
46	section 447C 		power to declare whether administrator is validly appointed 	
47	section 447D 		power to give directions to administrator 	
48	section 447E 		power to make order about supervision of administrator of company or deed of company arrangement 	
49	section 449B 		power to make order about removal and appointment of administrator 	
50	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 	
51	section 449E 	9.2	power to determine or review the remuneration of administrator 	
52	sections 459F, 459H, 459J, 459L, 459M and 459N 		power to make order in relation to statutory demands 	
53	sections 459A, 459B (except in relation to applications under section 246AA), 459C, 459D, 459P, 459R, 459S, 459T, 461, 462, 464, 465B, 465C, 466, 467, 467A and 467B (except in relation to applications under section 246AA)	div 5	power to make orders in relation to winding-up applications 	
54	section 468 		power in relation to validation of disposition of property 	
55	section 470 (2) (b) 		power to direct service of copy of order on another person 	
56	section 471B		power to give leave to begin or proceed with proceeding or enforcement process	
57	section 472 	5.5
6.1	power to appoint official liquidator or provisional liquidator	
58	section 473 (1) 	7.1	power to remove liquidator	
59	section 473 (2) 	9.3	power to determine provisional liquidator’s remuneration 	
60	sections 473 (3) and 473 (5) 	9.4	power to determine or review liquidator’s remuneration 	
61	section 473 (7) 	7.2	power to fill vacancy in office of official liquidator 	
62	section 473 (8) 		power to declare what may be done by liquidator, if more than 1 liquidator is appointed by the court 	
63	section 474 (2) 		power to order that property vest in liquidator 	
64	section 475 (8) 	7.3	power to grant leave for payment of costs and expenses incurred in preparing report under section 475 	
65	section 479		power to give directions in matters arising in winding-up	
66	section 480 	7.5	power to release liquidator and deregister company	
67	section 481 	7.7	power to order preparation of report on accounts of liquidator 	
68	section 483 (1) 		power to require payment of money or transfer of property	
69	section 483 (3)	7.8	power to order payment of a call 	
70	section 484 	8.1
8.2
8.3	power to appoint special manager	
71	section 486 		power to make order for inspection of books by creditors or contributories 	
72	section 488 (2) 	7.9	power to grant leave to distribute a surplus 	
73	section 490 		power to grant leave to company to wind up voluntarily	
74	section 495 (4) 		power to make order in relation to conduct of meeting in course of members’ voluntary winding-up	
75	section 496 (3) 		power to order that list of creditors be sent to creditors in members’ voluntary winding-up 	
76	section 497 (3) 		power to order that list of creditors be sent to creditors in creditors’ voluntary winding-up 	
77	section 499 		power to make order about liquidator if different liquidator chosen 	
78	section 500 		power to make order about execution and civil proceedings 	
79	section 502 	7.2	power to appoint liquidator	
80	section 503 		power to remove liquidator	
81	section 504 		power to review liquidator’s remuneration in voluntary winding-up 	
82	section 507 (6) 		power to sanction resolution to accept shares as consideration for sale of property of company 	
83	section 507 (9) 		power to give directions necessary for arbitration 	
84	section 507 (10) 		power to approve liquidator’s exercise of powers in creditors’ voluntary winding-up 	
85	section 509 (6) 		power to order ASIC to deregister company on specified day	
86	section 510 (3) 		power to settle dispute about value of security or lien or amount of debt or set-off 	
87	section 511 (1) (a) 		power to decide question in winding-up of company 	
88	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 	
89	section 532 (2) 		power to grant leave for person to be appointed as liquidator 	
90	section 536 	7.11
11.2
11.8	power to make order in relation to supervision of liquidators 	
91	section 542 (3) (a) 		power to give directions in relation to destruction of books of company	
92	section 543 (1) 		power to make order about the investment of surplus funds 	
93	section 544 (2) 		power to order account of funds in hands of liquidator, audit or payment of money by liquidator 	
94	section 545 		power to direct liquidator to incur particular expense 	
95	section 551 		power to give leave for member of committee of inspection to accept extra benefit etc	
96	section 552 		power to give direction or permission if no committee of inspection is appointed 	
97	section 554A 	14.1	power to estimate or determine value of debts and claims of uncertain value in liquidation	
98	section 554G 		power to grant leave to secured creditor to amend valuation of security in proof of debt 	
99	section 564 		power to make order in favour of creditors who give company indemnity for costs of litigation 	
100	sections 568, 568B, 568E and 568F	10.2	power to make order in relation to disclaimer of onerous property	
101	sections 583 and 585 	10.3	power in relation to winding up Part 5.7 bodies	
102	sections 596A, 596B, 596F, 597, 597A and 597B 	11.3
11.6
11.7
11.9	power to make order in relation to examinations 	
103	sections 600A to 600D		power to make order in relation to creditor’s resolutions 	
104	section 601AH (2)		power to order reinstatement of registration of company	
105	section 601BJ (2)		power to approve modification in constituent documents of registered company 	
106	section 601CC (9) 		power to order restoration of name of registered Australian body to the Register 	
107	section 601CL (10) 		power to order restoration of name of registered foreign company to the Register	
108	section 1071D (4)	12.2	power to make order in relation to a person summoned	
109	section 1071F		power to make an order in relation to a company’s refusal to register a share transfer	
110	section 1071H (6)		power to make an order to remedy default in issuing certificate etc	
111	section 1274 		power to make order if failure to give, amend etc document	
112	section 1303 		power to order that books be available for inspection 	
113	section 1319 		power to give directions in relation to meetings 	
114	section 1321 	14.1	power to make order in appeal from decision of administrator, receiver or liquidator	
115	section 1322 		power to make order in relation to irregularities 	
116	section 1325D 		power to make order where contravention of a provision of chapter 6 due to inadvertence	
117	section 1335 		power to make order about costs	

Part 2.2	ASIC Act
    
column 1
item	column 2
provision of the ASIC Act 	column 3
rule	column 4
description (for information only)	
1	section 79 (4) 		power to extend period to give notice of intention to have statements made at examination admitted	

Endnotes
Republications of amended laws
1	For the latest republication of amended laws, see www.legislation.act.gov.au.
Notification
2	Notified under the Legislation Act on 11 November 2003.
	(see www.legislation.act.gov.au)

© Australian Capital Territory 2003