Supreme Court (Corporations) Amendment Rules 20042 December 2004
We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, Officer of the Order of Australia, the Honourable EWAN CHARLES CRAWFORD and the Honourable PIERRE WILLIAM SLICER, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932 .
These Rules of Court may be cited as the Supreme Court (Corporations) Amendment Rules 2004 .
These Rules of Court take effect on the day on which their making is notified in the Gazette.
In these Rules of Court, the Supreme Court (Corporations Rules) 2000 are referred to as the Principal Rules.
4. Rule 41 amended (Order substituting plaintiff in application for winding up (Corporations Act s 465B) Form 10)
Rule 41(2) of the Principal Rules is amended by omitting paragraph (b) and substituting the following paragraph:(b) published –(i) in accordance with rule 21 at least 7 days before the date fixed for the hearing of the application; or(ii) as otherwise directed by the Court.
5. Schedule 1 amended (Forms)
Schedule 1 to the Principal Rules is amended as follows:(a) by omitting Form 1 and substituting the following form:Form 1 - Document title(b) by omitting Form 8 and substituting the following form:Form 8 - Consent of liquidator/provisional liquidator
6. Schedule 2 amended (Notes to these Rules)
Schedule 2 to the Principal Rules is amended by omitting item 3 of Note 2 and substituting:
3.
[Where the defendant is registered or taken to be registered in a State or a Territory other than Tasmania, state any facts – apart from the defendant's principal place of business – which bear upon jurisdiction being exercised in this State, rather than in another State or a Territory.]
W. J. E. COX
Chief Justice
P. G. UNDERWOOD
Puisne Judge
E. C. CRAWFORD
Puisne Judge
P. W. SLICER
Puisne Judge
Countersigned,
I. G. RITCHARD
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 December 2004
These Rules of Court are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule)
These Rules of Court amend the Supreme Court (Corporations) Rules 2000 by making minor amendments to –(a) the requirement to publish a notice in respect of an order substituting a plaintiff in an application for winding up; and(b) the forms relating to the titling of documents in proceedings and the consent of a liquidator; and(c) the notes in respect of the affidavits given in support of proceedings under these Rules of Court.