Supreme Court (Corporations) Amendment Rules 2005


Tasmanian Crest
Supreme Court (Corporations) Amendment Rules 2005
16 June 2005

We, the Honourable PETER GEORGE UNDERWOOD, Officer of the Order of Australia, Chief Justice, and the Honourable EWAN CHARLES CRAWFORD, the Honourable PIERRE WILLIAM SLICER and the Honourable PETER ETHRINGTON EVANS, 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 .

1.   Short title

These Rules of Court may be cited as the Supreme Court (Corporations) Amendment Rules 2005 .

2.   Commencement

These Rules of Court take effect on the day on which their making is notified in the Gazette.

3.   Principal Rules

In these Rules of Court, the Supreme Court (Corporations) Rules 2000 are referred to as the Principal Rules.

4.    Rule 12 amended (Originating process and interlocutory process - Forms 2 and 3)

Rule 12(1)(b) of the Principal Rules is amended by omitting "case" and substituting "case, and whether final relief or interlocutory relief is claimed".

5.    Rule 43 amended (Appointment of provisional liquidator (Corporations Act s 472) - Form 8)

Rule 43 of the Principal Rules is amended by omitting subrule (1) and substituting the following subrule:
(1)  An application for an official liquidator to be appointed under section 472(2) of the Corporations Act as a provisional liquidator of a company must be accompanied by the written consent of the official liquidator.

P. G. UNDERWOOD

Chief Justice

E. C. CRAWFORD

Puisne Judge

P. W. SLICER

Puisne Judge

P. E. EVANS

Puisne Judge

Countersigned,

I. G. RITCHARD

Registrar

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 June 2005

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 in respect of the following matters:
(a) the filing of interlocutory processes;
(b) applications for the appointment of provisional liquidators of companies.