Supreme Court (Chapter V Amendment No. 5) Rules 2008

i Supreme Court (Chapter V Amendment No. 5) Rules 2008 S.R. No. 117/2008 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Expressions used in the Corporations Act 2 6 Notice of certain applications to be given to Commission 2 7 Meetings ordered by the Court 2 8 Remuneration of receiver 2 9 Rule 9.2 substituted and Rule 9.2A inserted 3 9.2 Determination by Court of remuneration of administrator (Corporations Act s. 449E(1)(c) and (1A)(c))—Form 16 3 9.2A Review of remuneration of administrator (Corporations Act s. 449E(2)) 6 10 Remuneration of provisional liquidator (s. 473(2) of the Corporations Act)—Form 16 9 11 Remuneration of liquidator 9 12 New Rule 9.4A inserted 11 9.4A Review of remuneration of liquidator (Corporations Act s. 473(5) and (6) and s. 504(1)) 11 13 Remuneration of special manager 14 14 New Order 11A 14 ORDER 11A—WARRANTS (CORPORATIONS ACT SECTION 486B AND PART 5.4B, DIVISION 3, SUBDIVISION B) 14 11A.01 Arrest of person (Corporations Act s. 486B)— Form 17A 15 15 Form 8 substituted 15 16 New Form 16A 17 17 New Form 17A 18 18 Powers of Masters 20 19 Miscellaneous references to Commission changed to ASIC 21 ═══════════════ ENDNOTES 24 -- 1 of 25 -- 1 STATUTORY RULES 2008 S.R. No. 117/2008 Supreme Court Act 1986 Corporations (Ancillary Provisions) Act 2001 Supreme Court (Chapter V Amendment No. 5) Rules 2008 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend the Supreme Court (Corporations) Rules 2003 as a consequence of the enactment by the Commonwealth of the Corporations Amendment (Insolvency) Act 2007. 2 Authorising provisions 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. 3 Commencement These Rules come into operation on 6 October 2008. 4 Principal Rules In these Rules, the Supreme Court (Corporations) Rules 2003 1 are called the Principal Rules. -- 2 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 2 5 Expressions used in the Corporations Act In the Note to Rule 1.4 of the Principal Rules— (a) after the reference to "ARBN" insert— "ASIC—see section 9;"; (b) omit "Commission—see section 9;". 6 Notice of certain applications to be given to Commission (1) In the heading to Rule 2.8 of the Principal Rules, for "Commission" substitute "ASIC". (2) Rule 2.8(1), (2) and (3) of the Principal Rules, for "Commission" (wherever occurring) substitute "ASIC". (3) In the Table to Rule 2.8(3) of the Principal Rules, in column 3 of item 2, for "of a compulsory" substitute "or termination of a". 7 Meetings ordered by the Court In Rule 2.15 of the Principal Rules, for "5.6.12" substitute "5.6.11". 8 Remuneration of receiver (1) For the Note to Rule 9.1 of the Principal Rules substitute— "Note 1 Under section 425(2)(b) of the Corporations Act, the Court may exercise its power to make an order fixing the remuneration of a receiver appointed under an instrument even if the receiver has died, or has ceased to act, before the making of the order or the application for the order. Note 2 The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) Act 2007 of the Commonwealth applies in relation to a receiver appointed on or after 31 December 2007—see Corporations Act section 1480(5).". r. 5 -- 3 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 3 (2) For Rule 9.1(6) of the Principal Rules substitute— "(6) An affidavit in support of the originating process, or interlocutory process, seeking the order must— (a) include evidence of the matters referred to in section 425(8) of the Corporations Act; (b) state the nature of the work performed or likely to be performed by the receiver; (c) state the amount of remuneration claimed; (d) include a summary of the receipts taken and payments made by the receiver; (e) state particulars of any objection of which the receiver has received notice; and (f) if the receivership is continuing, give details of any matters delaying the completion of the receivership.". 9 Rule 9.2 substituted and Rule 9.2A inserted For Rule 9.2 of the Principal Rules substitute— "9.2 Determination by Court of remuneration of administrator (Corporations Act s. 449E(1)(c) and (1A)(c))—Form 16 (1) This Rule applies to an application by the administrator of a company under administration, or of a deed of company arrangement, for an order under section 449E(1)(c) or (1A)(c) of the Corporations Act determining the administrator's remuneration. r. 9 -- 4 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 4 (2) At least 21 days before filing an originating process, or interlocutory process, seeking the order, the administrator must serve a notice in accordance with Form 16 of the administrator's intention to apply for the order, and a copy of any affidavit on which the administrator intends to rely, on the following persons— (a) each creditor who was present, in person or by proxy, at any meeting of creditors; (b) each member of any committee of creditors or committee of inspection; (c) if there is no committee of creditors or committee of inspection, and no meeting of creditors has been convened and held, each of the five largest (measured by amount of debt) creditors of the company; (d) each member of the company whose shareholding represents at least 10 per cent of the issued capital of the company. (3) Within 21 days after the last service of the documents referred to in subrule (2), any creditor or contributory may give to the administrator a notice of objection to the remuneration claimed, stating the grounds of objection. (4) If the administrator does not receive a notice of objection within the period referred to in subrule (3)— r. 9 -- 5 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 5 (a) the administrator may file an affidavit, made after the end of that period, in support of the originating process, or interlocutory process, seeking the order stating— (i) the date, or dates, when the notice and affidavit required to be served under subrule (2) were served; and (ii) that the administrator has not received any notice of objection to the remuneration claimed within the period referred to in subrule (3); (b) the administrator may endorse the originating process, or interlocutory process, with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the administrator; and (c) the application may be so dealt with. (5) If the administrator receives a notice of objection within the period referred to in subrule (3), the administrator must serve a copy of the originating process, or interlocutory process, seeking the order on each creditor or contributory who has given a notice of objection. (6) An affidavit in support of the originating process, or interlocutory process, seeking the order must— (a) include evidence of the matters referred to in section 449E(4) of the Corporations Act; r. 9 -- 6 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 6 (b) state the nature of the work performed or likely to be performed by the administrator; (c) state the amount of remuneration claimed; (d) include a summary of the receipts taken and payments made by the administrator; (e) state particulars of any objection of which the administrator has received notice; and (f) if the administration is continuing, give details of any matters delaying the completion of the administration. 9.2A Review of remuneration of administrator (Corporations Act s. 449E(2)) (1) This Rule applies to an application for review of the amount of remuneration of an administrator under section 449E(2) of the Corporations Act. Note The amendment to section 449E of the Corporations Act made by the Corporations Amendment (Insolvency) Act 2007 of the Commonwealth applies in relation to an administrator appointed on or after 31 December 2007—see Corporations Act section 1480(6). (2) The application may be made only after the remuneration has been determined under section 449E(1)(a) or (b) or (1A)(a) or (b) of the Corporations Act. (3) At least 21 days before filing the originating process, or the interlocutory process, applying for a review, the plaintiff or applicant must serve a notice, in accordance with Form 16A, of intention to apply for the r. 9 -- 7 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 7 review, and a copy of any affidavit on which the plaintiff or applicant intends to rely (other than an affidavit required by subrule (9)), on the following persons— (a) if there is a committee of creditors or a committee of inspection, each member of the committee; (b) if the remuneration of the administrator was determined by the creditors, each creditor who was present, in person or by proxy, at the meeting of creditors at which the remuneration was determined; (c) each member of the company whose shareholding represents at least 10 per cent of the issued capital of the company. (4) Within 21 days after the last service of the documents referred to in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice— (a) stating the person's intention to appear at the hearing of the application for review; and (b) setting out the issues that the person seeks to raise before the Court. (5) A person referred to in subrule (3) is entitled to be heard on the application for review, but only (unless the Court otherwise orders) if the person has served on the plaintiff or applicant a notice in accordance with subrule (4). r. 9 -- 8 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 8 (6) If the plaintiff or applicant is served with a notice in accordance with subrule (4), the plaintiff or applicant must serve a copy of the originating process, or interlocutory process, applying for review on each person who has served such a notice. (7) The administrator must file an affidavit stating the following matters— (a) the matters referred to in section 449E(4) of the Corporations Act; (b) the nature of the work performed or likely to be performed by the administrator; (c) the amount of remuneration claimed by the administrator if that amount is different from the amount of remuneration that has been determined; (d) a summary of the receipts taken and payments made by the administrator; (e) particulars of any objection to the remuneration as determined, of which the administrator has received notice; and (f) if the administration is continuing, details of any matters delaying the completion of the administration. (8) The affidavit referred to in subrule (7) must annex or exhibit a copy of the report that the administrator was required to prepare before remuneration was determined. (9) The plaintiff or applicant must— (a) file an affidavit stating whether any notice or notices under subrule (4) has or have been served; and r. 9 -- 9 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 9 (b) annex or exhibit to the affidavit a copy of any such notice.". 10 Remuneration of provisional liquidator (s. 473(2) of the Corporations Act)—Form 16 (1) In Rule 9.3 of the Principal Rules— (a) in subrule (3)(b), for "committee of creditors" (where twice occurring) substitute "committee of inspection"; (b) in subrule (7)(a), for "carried out" substitute "performed or likely to be performed"; (c) in subrule (7)(c), omit "for the period for which remuneration is claimed". (2) After Rule 9.3(7) of the Principal Rules insert— '(8) The affidavit must also provide evidence of the matters referred to in section 473(10) of the Corporations Act— (a) to the extent that they may be relevant to a provisional liquidator; and (b) as if references in that subsection to "liquidator" were references to "provisional liquidator".'. 11 Remuneration of liquidator (1) For the heading to Rule 9.4 of the Principal Rules substitute— "Determination by Court of liquidator's remuneration (Corporations Act s. 473(3)(b)(ii))". (2) In Rule 9.4(1) of the Principal Rules, for "subsection 473(3)" substitute "section 473(3)(b)(ii)". r. 10 -- 10 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 10 (3) At the foot of Rule 9.4(1) of the Principal Rules insert— "Note The amendment to section 473 of the Corporations Act made by the Corporations Amendment (Insolvency) Act 2007 of the Commonwealth applies in relation to a liquidator appointed on or after 31 December 2007— see Corporations Act, section 1480(7).". (4) In Rule 9.4(3) of the Principal Rules— (a) in paragraph (a), for "the meeting of the creditors" substitute "any meeting of creditors at which the remuneration of the liquidator was considered"; (b) in paragraph (b), for "creditors" substitute "inspection"; (c) for paragraph (c) substitute— "(c) if there is no committee of inspection, and no meeting of creditors has been convened and held, each of the five largest (measured by amount of debt) creditors of the company; (d) each member of the company whose shareholding represents at least 10 per cent of the issued capital of the company.". (5) For Rule 9.4(7) of the Principal Rules substitute— "(7) An affidavit in support of the originating process seeking the order must— (a) include evidence of the matters referred to in section 473(10) of the Corporations Act; (b) state the nature of the work performed or likely to be performed by the liquidator; r. 11 -- 11 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 11 (c) state the amount of remuneration claimed; (d) include a summary of the receipts taken and payments made by the liquidator; (e) state particulars of any objection of which the liquidator has received notice; and (f) if the winding up is continuing, give details of any matters delaying the completion of the winding up.". 12 New Rule 9.4A inserted After Rule 9.4 of the Principal Rules insert— "9.4A Review of remuneration of liquidator (Corporations Act s. 473(5) and (6) and s. 504(1)) (1) This Rule applies to an application for review of the amount of remuneration of a liquidator under section 473(5) or (6) or section 504(1) of the Corporations Act. Note The amendment to section 504 of the Corporations Act made by the Corporations Amendment (Insolvency) Act 2007 of the Commonwealth applies in relation to a liquidator appointed on or after 31 December 2007—see Corporations Act section 1480(7). (2) The application may be made only after the remuneration has been determined under section 473(3)(a) or 473(3)(b)(i) or fixed under section 495(1) or 499(3) of the Corporations Act. (3) At least 21 days before filing the originating process, or the interlocutory process, applying for a review, the plaintiff or applicant must serve a notice, in accordance r. 12 -- 12 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 12 with Form 16A, of intention to apply for the review, and a copy of any affidavit on which the plaintiff or applicant intends to rely (other than an affidavit required by subrule (9)), on the following persons— (a) if there is a committee of inspection, each member of the committee; (b) if the remuneration of the liquidator was determined or fixed by the creditors, each creditor who was present, in person or by proxy, at the meeting of creditors at which the remuneration was determined or fixed; (c) each member of the company whose shareholding represents at least 10 per cent of the issued capital of the company. (4) Within 21 days after the last service of the documents referred to in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice— (a) stating the person's intention to appear at the hearing of the application for review; and (b) setting out the issues that the person seeks to raise before the Court. (5) A person referred to in subrule (3) is entitled to be heard on the application for review, but only (unless the Court otherwise orders) if the person has served on the plaintiff or applicant a notice in accordance with subrule (4). r. 12 -- 13 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 13 (6) If the plaintiff or applicant is served with a notice in accordance with subrule (4), the plaintiff or applicant must serve a copy of the originating process, or interlocutory process, applying for review on each person who has served such a notice. (7) The liquidator must file an affidavit stating the following matters— (a) for an application under section 473(5) or (6) of the Corporations Act, the matters referred to in section 473(10) of the Corporations Act; (b) for an application under section 504(1) of the Corporations Act, the matters referred to in section 504(2) of the Corporations Act; (c) the nature of the work performed or likely to be performed by the liquidator; (d) the amount of remuneration claimed by the liquidator if that amount is different from the amount of remuneration that has been determined or fixed; (e) a summary of the receipts taken and payments made by the liquidator; (f) particulars of any objection to the remuneration as determined or fixed, of which the liquidator has received notice; and (g) if the winding up is continuing, details of any matters delaying the completion of the winding up. r. 12 -- 14 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 14 (8) The affidavit referred to in subrule (7) must annex or exhibit a copy of the report that the liquidator was required to prepare before remuneration was determined or fixed. Note For the requirement to prepare a report, see sections 473(11) and (12), 495(5) and 499(6) and (7) of the Corporations Act. (9) The plaintiff or applicant must— (a) file an affidavit stating whether any notice or notices under subrule (4) has or have been served; and (b) annex or exhibit to the affidavit a copy of any such notice.". 13 Remuneration of special manager In Rule 9.5 of the Principal Rules— (a) in subrule (3)(b), after "committee of creditors" (where twice occurring) insert "or committee of inspection"; (b) in subrule (7)(a), for "carried out" substitute "performed or likely to be performed"; (c) in subrule (7)(c), omit "for the period for which remuneration is claimed". 14 New Order 11A After Order 11 of the Principal Rules insert— "ORDER 11A—WARRANTS (CORPORATIONS ACT SECTION 486B AND PART 5.4B, DIVISION 3, SUBDIVISION B) r. 13 -- 15 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 15 11A.01 Arrest of person (Corporations Act s. 486B)—Form 17A (1) An application for the issue of a warrant under section 486B(1) of the Corporations Act for the arrest of a person must state the grounds for the issue of the warrant. (2) The application must be accompanied by an affidavit stating the facts in support of the application. (3) The warrant must be in accordance with Form 17A. (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to the Prothonotary or registrar in the office or registry from which the warrant was issued. Note Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007 of the Commonwealth, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act, section 1481(3).". 15 Form 8 substituted For Form 8 in Schedule 1 to the Principal Rules, substitute— "Rules 5.5, 6.1 FORM 8 CONSENT OF LIQUIDATOR/PROVISIONAL LIQUIDATOR AND DECLARATION OF RELEVANT RELATIONSHIPS [Title] I, [name], of [address], an official liquidator, consent to be appointed by the Court and to act as the *liquidator/*provisional liquidator of [name of company]. r. 15 -- 16 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 16 I DECLARE under section 60(2) of the Corporations Act 2001 that I [and if the liquidator’s firm is a partnership] *and any partner in the partnership conducting my firm [or if the liquidator’s firm is a body corporate] *and the body corporate conducting my firm or an associate of that body corporate, *has or has had /*does not have or has not had, within the preceding 24 months a relationship with— *the company; or *an associate of the company; or *a former liquidator, or former provisional liquidator, of the company; or *a former administrator of the company; or *a former administrator of a deed of company arrangement executed by the company. [If there is a relevant relationship, describe that relationship, and state the liquidator’s reasons for believing that the relevant relationships does not result in the liquidator having a conflict of interest or duty]. The hourly rates currently charged in respect of work done as *liquidator/*provisional liquidator by me, and by my partners and employees who may perform work in this administration, are set out in the Schedule which is attached to this Consent. I acknowledge that my appointment by the Court does not constitute an express or implied approval by the Court of these hourly rates. Note The requirement to disclose hourly rates should not be taken to imply that remuneration on an hourly rate is the most desirable or appropriate arrangement in every case. The Corporations Act acknowledges that another method of calculating remuneration may be appropriate (see, for example, section 473(2) and (3)). Date: ...................................................................... Signature of official liquidator * Omit if not applicable. __________________". r. 15 -- 17 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 17 16 New Form 16A In Schedule 1 to the Principal Rules, after Form 16 insert— "Rule 9.2A and 9.4A FORM 16A NOTICE OF INTENTION TO APPLY FOR REVIEW OF REMUNERATION IN THE MATTER OF [company name] ABN or ACN: [ABN or ACN of company to which proceeding relates] TO: [name and address of person to whom notice is given] TAKE NOTICE that, not less than 21 days after this notice is served on you, I, [name and address of plaintiff or applicant], the *administrator/*liquidator/ of the above company, intend to apply to the Court to review *the remuneration of/*my remuneration as the *administrator/*liquidator/ of the above company. The amount of the remuneration that has been determined or fixed is [state the amount]. The remuneration was determined or fixed by [state who determined or fixed the remuneration] on [state the date when the remuneration was determined or fixed]. I intend to apply for an order to *confirm/*increase/*reduce the remuneration. [Set out the grounds upon which an order or orders will be sought. If an order to increase or reduce the remuneration is sought, set out the amount by which the remuneration is sought to be increased or reduced.] If you wish to appear at the hearing of the application, in order to raise any issues before the court, you must, within 21 days after being served with this notice, serve on me a notice under Rule *9.2A(4)/9.4A(4) of the Supreme Court (Corporations) Rules 2003 stating your intention to appear at the hearing and setting out the issues that you seek to raise before the Court. r. 16 -- 18 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 18 Date: ................................................................. Signature of plaintiff or applicant * Omit if not applicable. __________________". 17 New Form 17A In Schedule 1 to the Principal Rules, after Form 17 insert— "Rule 11A.01 FORM 17A ARREST WARRANT CORPORATIONS ACT 2001 SECTION 486B [Title] TO: All members and special members of the Australian Federal Police and to all officers of the police force of the State or Territory in which [name of person] is to be found, and to the Sheriff of that State or Territory and all of that Sheriff's officers: WHEREAS: • *[name of company] (the Company) is being wound up in insolvency; or • *[name of company] (the Company) is being wound up by the Court; or • *an application has been made for [name of company] (the Company) to be wound up AND THE COURT IS SATISFIED THAT [name of person] (a) *is about to leave this jurisdiction or Australia in order to avoid— (i) *paying money payable to the Company; or (ii) *being examined about the Company's affairs; or r. 17 -- 19 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 19 (iii) *complying with an order of the Court, or some other obligation, under Chapter 5 of the Corporations Act 2001 of the Commonwealth in connection with the winding up; or (b) *has concealed or removed property of the Company in order to prevent or delay the taking of the property into the liquidator's custody or control; or (c) *has destroyed, concealed or removed books of the Company or is about to do so; THIS WARRANT THEREFORE requires and authorises you to take [name of person] and bring *him/*her before the Court at [address of Court] and to keep *him/*her there pending the making of a further order by the Court. THIS WARRANT ALSO requires and authorises you to seize any property or books of the Company in the possession of [name of person] and to deliver them into the custody of the Prothonotary or registrar in the office or registry from which the warrant issued to be kept by the Prothonotary or registrar until the Court makes an order for their disposal. Note Section 489A of the Corporations Act 2001 provides that if the Court issues a warrant under section 486B for a person to be arrested and brought before the Court, and the person is not in prison, then the person named in the warrant may be arrested by an officer of the police force of the State or Territory in which the person is found, or the Sheriff of that State or Territory or any of the Sheriff's officers, or a member or special member of the Australian Federal Police. Date: Signature of Prothonotary *Omit if not applicable __________________". r. 17 -- 20 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 20 18 Powers of Masters (1) In Schedule 2 to the Principal Rules, after the item relating to s. 283AE(2) insert— "s. 283EC To order meeting of debenture holders. s. 283HA To give directions and make declarations about trustee's functions or interests of debenture holders.". (2) In Schedule 2 to the Principal Rules, in the item relating to s. 449E(1)— (a) in column 1 for "s. 449E(1)" substitute "s. 449E(1)(c) and (1A)(c)"; (b) in column 2 for "fix" substitute "determine". (3) In Schedule 2 to the Principal Rules, after the item relating to s. 468 insert— "s. 468A For order authorising transfer of shares after commencement of winding up.". (4) In Schedule 2 to the Principal Rules, in the item relating to s. 473(3), (5), in column 1 after "(5)" insert", (6)". (5) In Schedule 2 to the Principal Rules, after the item relating to s. 483(1) insert— "s. 483(2) To direct contributory to pay money. s. 483(3) To make calls for payment by contributories and order payment of calls made by court or liquidator. s. 483(4) To order payment to bank to the liquidator's account.". r. 18 -- 21 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 21 (6) In Schedule 2 to the Principal Rules, the item relating to section 499 is revoked. 19 Miscellaneous references to Commission changed to ASIC (1) In Rules 2.4(2) and 2.4A(3)(a) of the Principal Rules, for "Commission" (wherever occurring) substitute "ASIC". (2) In the Principal Rules— (a) in the heading to Rule 2.10, for "Commission" substitute "ASIC"; (b) in Rule 2.10, for "Commission" (wherever occurring) substitute "ASIC"; (c) in the heading to Rule 3.5, for "Commission" substitute "ASIC"; (d) in Rule 3.5(b), for "Commission" substitute "ASIC"; (e) in Rule 6.2(2)(a), for "Commission" (where twice occurring) substitute "ASIC"; (f) in Rules 7.1(1) and 7.2(2)(a) for "Commission" (wherever occurring) substitute "ASIC"; (g) in Rules 7.5(1)(b), 7.5(3)(e), 7.5(3)(g)(i) and 7.5(3)(h) for "Commission" (wherever occurring) substitute "ASIC"; (h) in Rules 7.7(2)(c), 7.7(3), 7.11(2) and 7.11(4) for "Commission" (wherever occurring) substitute "ASIC"; (i) in Rules 11.2(1)(a) and (b), 11.3(6), 11.5(3)(b), 11.8(1)(a) and 11.8(2) for "Commission" (wherever occurring) substitute "ASIC"; (j) in the note to Rule 11.11(2), for "Commission" substitute "ASIC". r. 19 -- 22 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 22 (3) In the Principal Rules— (a) in the heading to Rule 12.1, for "Commission" substitute "ASIC"; (b) in Rule 12.1, for "Commission" (where twice occurring) substitute "ASIC". (4) In the Principal Rules— (a) in the heading to Rule 15.1, for "Commission" substitute "ASIC"; (b) in Rule 15.1, for "Commission" substitute "ASIC". (5) In Form 5 in Schedule 1 to the Principal Rules— (a) in the heading to the Form, for "THE COMMISSION" substitute "ASIC"; (b) for "on behalf of the Commission" substitute "on behalf of ASIC". Dated: 1 October 2008 M. L. WARREN, C.J. F. H. R. VINCENT, J.A. GEOFFREY NETTLE, J.A. DAVID ASHLEY, J.A. MARCIA NEAVE, J.A. JULIE DODDS-STREETON, J.A. P. D. CUMMINS, J. T. H. SMITH, J. D. L. HARPER, J. PHILIP MANDIE, J. D. J. HABERSBERGER, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. r. 19 -- 23 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 23 BETTY JUNE KING, J. PAUL COGHLAN, J. ROSS ROBSON, J. LEX LASRY, J. JAMES JUDD, J. PETER VICKERY, J. EMILIOS KYROU, J. DAVID BEACH, J. ═══════════════ r. 19 -- 24 of 25 -- S.R. No. 117/2008 Supreme Court (Chapter V Amendment No. 5) Rules 2008 24 ENDNOTES 1 Rule 4: S.R. No. 107/2003 as amended by S.R. Nos 47/2005, 44/2006, 44/2007, 104/2007 and 100/2008. Endnotes -- 25 of 25 --