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Contents (1970 - 01)
Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 18 November 2017 at 22:42)
Part 80A Division 1
Division 1 Preliminary
1A   (Repealed)
1   Interpretation
In this Part, unless the contrary intention appears:
(a)  subject Act means the Corporations (New South Wales) Act 1990.
advertised means published in the Commonwealth of Australia Gazette and in a prescribed newspaper.
Corporations Law has the meaning given by section 13 of the subject Act.
prescribed newspaper means:
(i)  where the registered office of the subject corporation is within 100 kilometres of the General Post Office, Sydney—a daily newspaper circulating generally in Sydney,
(ii)  where the subject corporation does not have a registered office, and its principal place of business or last known principal place of business is or was within 100 kilometres of the General Post Office, Sydney—a daily newspaper circulating generally in Sydney, or
(iii)  in any other case—a newspaper circulating generally in the district in which the registered office of the subject corporation is situated or, if it does not have a registered office, in which its principal place of business or last known principal place of business is or was situated.
subject corporation means corporation to which the application relates,
(b)  subject to this rule, a word or expression defined in the Corporations Law (other than for the purposes of limited parts thereof) has the meaning as so defined,
(c)  a reference to a section is a reference to a section of the Corporations Law.
2   Application
Subject to any order of the Court, this Part applies to:
(a)  proceedings under the Corporations Law or the ASC Law commenced in the Court after 30 January 1994 and before the Supreme Court (Corporations) Rules 1999 commence, and
(b)  applications made under the Corporations Law or the ASC Law after 30 January 1994 in proceedings in the Court commenced before the Supreme Court (Corporations) Rules 1999 commence.
3   Commencement of proceedings
(1)  Subject to rule 18.1 of the Uniform Civil Procedure Rules 2005 (which relates to applications by motion) and to subrules (2), (4) and (5), proceedings in the Court for relief under the Corporations Law or the ASC Law must be commenced by summons under Part 5 rule 4B (as in force at the relevant time before the commencement of the Supreme Court (Corporations) Rules 1999).
(2)  Proceedings in the Court on an application:
(a)  for an order for the winding up of a corporation shall be commenced by summons under Part 5 rule 4A (as in force at the relevant time before the commencement of the Supreme Court (Corporations) Rules 1999),
(b)  for other relief under the Corporations Law where:
(i)  it is necessary to obtain an early appointment for hearing, and
(ii)  the plaintiff intends to be ready to proceed at the time appointed,
whether for final or interlocutory relief or directions, may be commenced by summons under Part 5 rule 4A (as in force at the relevant time before the commencement of the Supreme Court (Corporations) Rules 1999).
(3)  The summons must state above the title:
(a)  the name of the subject corporation followed, where appropriate, by the words “(in liquidation)”, “(provisional liquidator appointed)”, “(receiver appointed)”, “(receiver and manager appointed)”, “(under official management)” or “(administrator appointed)”,
(b)  (if applicable) the registered number of the subject corporation preceded by the words “Australian Company Number” (which may be abbreviated to “ACN”) or “Australian Registered Body Number” (which may be abbreviated to “ARBN”) as the case may be, and
(c)  the words “and the Corporations Law” or “and the ASC Law”, as the case may be.
(4)  Without limiting the generality of rule 18.1 of the Uniform Civil Procedure Rules 2005, application of the following kinds must be made by motion in the relevant winding up proceedings, namely:
(a)  an application for an order under section 467 (7) (which relates to staying existing proceedings),
(b)  an application for an order under section 468 (which relates to avoidance of dispositions of property),
(c)  an application for an order under section 472 (which relates to provisional liquidators), and
(d)  any application in the winding up of the subject corporation.
(5)  An application for an order under section 471B or section 500 (2) in respect of existing proceedings in the Court in a Division may be made by motion in those proceedings.
(6)  Notwithstanding subrule (4) and rule 18.1 of the Uniform Civil Procedure Rules 2005, an application for the issue of an Examination Summons under section 596A or section 596B must be made by summons.
4   Registration of transfer of shares etc (s 1092 (3))
(1)  An application to the Court for an order for the issue of a summons, under section 1092 (3) may be made, without serving the summons by which the application is made on any person.
(2)  A summons under section 1092 (3) may be in Form 154BA.