Supreme Court (Chapter V Amendment No. 3) Rules 2001

i Supreme Court (Chapter V Amendment No. 3) Rules 2001 S.R. No. 49/2001 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Supporting affidavits 1 6. New Rule 2.4A inserted 2 2.4A. Application for order setting aside statutory demand (s. 459G of the Law) 2 7. Order for meetings to identify proposed scheme 2 8. Applications for examinations 3 9. Amendment of Form 7 3 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2001 S.R. No. 49/2001 Supreme Court Act 1986 Corporations (Victoria) Act 1990 Supreme Court (Chapter V Amendment No. 3) Rules 2001 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to make further miscellaneous amendments to the Supreme Court (Corporations Law) Rules 1999. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986, section 51 of the Corporations (Victoria) Act 1990 and all other enabling powers. 3. Commencement These Rules come into operation on 30 June 2001. 4. Principal Rules In these Rules, the Supreme Court (Corporations Law) Rules 19991 are called the Principal Rules. 5. Supporting affidavits In Rule 2.4(2) of the Principal Rules, for "An affidavit" substitute "Subject to Rule 2.4A, an affidavit". -- 2 of 7 -- S.R. No. 49/2001 Supreme Court (Chapter V Amendment No. 3) Rules 2001 2 6. New Rule 2.4A inserted After Rule 2.4 of the Principal Rules insert— "2.4A. Application for order setting aside statutory demand (s. 459G of the Law) (1) This Rule applies, and Rule 2.4(2) does not apply, to an application by a company under section 459G of the Law for an order setting aside a statutory demand served on the company. (2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand. (3) The plaintiff must— (a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by the Commission in relation to the plaintiff; and (b) either— (i) annex the record of the search to the affidavit in support of the originating process; or (ii) file the record of the search before or tender it on the hearing of the application.". 7. Order for meetings to identify proposed scheme In Rule 3.3 of the Principal Rules, at the end of the Rule insert— "(2) Unless the Court otherwise orders, a meeting of members ordered under section 411 of the r. 6 -- 3 of 7 -- S.R. No. 49/2001 Supreme Court (Chapter V Amendment No. 3) Rules 2001 3 Law must be convened, held and conducted in accordance with— (a) the provisions of Part 2G.2 of the Law that apply to the members of a company; and (b) the provisions of the plaintiff's constitution that apply in relation to meetings of members and are not inconsistent with Part 2G.2 of the Law. (3) Unless the Court otherwise orders, a meeting of a class of holders of convertible securities ordered under section 411 of the Law must be convened, held and conducted as if— (a) the holders were a separate class of members; and (b) the meeting were a meeting of members convened, held and conducted under sub-rule (2)— but in accordance with, and subject to, the applicable provisions of the instrument under which the securities were issued.". 8. Applications for examinations In Rules 11.2(2) and 11.3(2) of the Principal Rules, for "ex parte" substitute "without notice to any person". 9. Amendment of Form 7 In Schedule 1 to the Principal Rules, in Form 7— (a) for the paragraph numbered 1 substitute— '1. I am [state deponent's relationship to the creditor(s), e.g. "the creditor", "(name), one of the creditors"] in respect of *a debt of $ [amount]/*debts totalling $ [amount] owed by [name of debtor company] to *it/*them relating to [state nature of debt, or debts, r. 8 -- 4 of 7 -- S.R. No. 49/2001 Supreme Court (Chapter V Amendment No. 3) Rules 2001 4 ensuring that what is stated corresponds with the description of the debt, or debts, to be given in the proposed statutory demand, with which this affidavit is to be served on the debtor company].'; (b) for the paragraph numbered 4 substitute— "4. *The debt/*The total of the amounts of the debts, mentioned in paragraph 1 of this affidavit, is due and payable by the debtor company.". Dated: 30 May 2001 JOHN WINNEKE, P. ROBERT BROOKING, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. STEPHEN CHARLES, J.A. F. H. CALLAWAY, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. ALLAN W. McDONALD, J. T. H. SMITH, J. DAVID ASHLEY, J. JOHN J. HEDIGAN, J. JOHN COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. H. R. HANSEN, J. PHILIP MANDIE, J. r. 9 -- 5 of 7 -- S.R. No. 49/2001 Supreme Court (Chapter V Amendment No. 3) Rules 2001 5 ROSEMARY BALMFORD, J. E. W. GILLARD, J. MURRAY B. KELLAM, J. ═══════════════ r. 9 -- 6 of 7 -- S.R. No. 49/2001 Supreme Court (Chapter V Amendment No. 3) Rules 2001 6 ENDNOTES 1 Rule 4: S.R. No. 134/1999 as amended by S.R. Nos 121/2000 and 27/2001. Endnotes -- 7 of 7 --