Supreme Court (Corporations) Rules 2008

Supreme Court (Corporations) Rules 2008

We, the Honourable Ewan Charles Crawford, Chief Justice, and the Honourable Pierre William Slicer, the Honourable Peter Ethrington Evans, the Honourable Shan Eve Tennent and the Honourable David James Porter, 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) Rules 2008 .

2.   Commencement

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

3.   Interpretation

In these Rules of Court –

Commonwealth Rules means the Federal Court (Corporations) Rules 2000 made and in force for the time being under the Federal Court of Australia Act 1976 of the Commonwealth;

Court means the Supreme Court of Tasmania.

4.   Rules adopted

The Commonwealth Rules are adopted as Rules of Court with the following modifications:

(a) a reference to "Court" in the Commonwealth Rules is to be read as a reference to the Supreme Court of Tasmania;

(b) all words in rule 2.6 are omitted and substituted by the following words: "An affidavit must be in a form that complies with –

(i) the rules of the Court; or

(ii) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed; or

(iii) the rules of the Federal Court of Australia.";

(c) the reference to Order 50 in rule 12.1A of the Commonwealth Rules is to be read as a reference to Division 3 of Part 27 of the Supreme Court Rules 2000 ;

(d) the reference to Order 50 in rule 15.1 of the Commonwealth Rules is to be read as a reference to Division 3 of Part 27 of the Supreme Court Rules 2000 ;

(e) Division 16 of and Schedule 2 to the Commonwealth Rules do not apply;

(f) all words in the Note in Form 2 of Schedule 1 to the Commonwealth Rules are omitted and substituted by the following words: "Note A defendant that is a corporation may be represented only by a legal practitioner.";

(g) all words in the Note in Form 3 of Schedule 1 to the Commonwealth Rules are omitted and substituted by the following words: "Note A respondent that is a corporation may be represented only by a legal practitioner.";

(h) all words in the Note in Form 4 of Schedule 1 to the Commonwealth Rules are omitted and substituted by the following words: "Note A defendant or respondent that is a corporation may be represented only by a legal practitioner."

5.   Form for initiating proceeding

(1)  Subject to subrule (2) and any direction of the Court, a proceeding for relief under section 7 , 10 or 11 of the Federal Courts (State Jurisdiction) Act 1999 must be initiated by filing an originating process.

(2)  If –

(a) in a proceeding, the Federal Court of Australia has made an order for the winding-up of a company; and

(b) the order is an ineffective judgment within the meaning of the Federal Courts (State Jurisdiction) Act 1999  –

an application under the Federal Courts (State Jurisdiction) Act 1999 in relation to the winding-up of the company may be made by filing an interlocutory process.

(3)  An interlocutory process filed under subrule (2) must state the proceeding number of the Federal Court proceeding.

6.   Legislation rescinded

The legislation specified in Schedule 1 is rescinded.

SCHEDULE 1 - Legislation rescinded

Rule 6

E. C. CRAWFORD

Chief Justice

P. W. SLICER

Puisne Judge

P. E. EVANS

Puisne Judge

S. E. TENNENT

Puisne Judge

D. J. PORTER

Puisne Judge

Countersigned,

E. A. KNIGHT

Registrar

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

Notified in the Gazette on 22 October 2008

These Rules of Court are administered in the Department of Justice.