{"id":"tas:sr-2008-125","name":"Supreme Court (Corporations) Rules 2008","slug":"supreme-court-corporations-rules-2008","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"125 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315567,"registerId":"tas-tas:sr-2008-125-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These Rules of Court may be cited as the [Supreme Court (Corporations) Rules 2008](/view/html/inforce/2026-04-12/sr-2008-125) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These Rules of Court take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these Rules of Court –\n> \n> > ***Commonwealth Rules*** means the [Federal Court (Corporations) Rules 2000](/view/html/inforce/2026-04-12/sr-2000-359) made and in force for the time being under the [Federal Court of Australia Act 1976](/view/html/inforce/2026-04-12/act-1976-156) of the Commonwealth;\n> \n> > ***Court*** means the Supreme Court of Tasmania.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Rules adopted","content":"### 4 Rules adopted\n\n> The Commonwealth Rules are adopted as Rules of Court with the following modifications:\n> \n> > > (a) a reference to \"Court\" in the Commonwealth Rules is to be read as a reference to the Supreme Court of Tasmania;\n> > \n> > > (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 –\n> > > \n> > > > > (i) the rules of the Court; or\n> > > > \n> > > > > (ii) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed; or\n> > > > \n> > > > > (iii) the rules of the Federal Court of Australia.\";\n> > \n> > > (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](/view/html/inforce/2026-04-12/sr-2000-008#HP27@HD3@EN) of the [Supreme Court Rules 2000](/view/html/inforce/2026-04-12/sr-2000-008) ;\n> > \n> > > (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](/view/html/inforce/2026-04-12/sr-2000-008#HP27@HD3@EN) of the [Supreme Court Rules 2000](/view/html/inforce/2026-04-12/sr-2000-008) ;\n> > \n> > > (e) Division 16 of and Schedule 2 to the Commonwealth Rules do not apply;\n> > \n> > > (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.\";\n> > \n> > > (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.\";\n> > \n> > > (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.\"","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Form for initiating proceeding","content":"### 5 Form for initiating proceeding\n\n> > (1)  Subject to [subrule (2)](#GS5@Gs2@EN) and any direction of the Court, a proceeding for relief under [section 7](/view/html/inforce/2026-04-12/act-1999-050#GS7@EN) , [10](/view/html/inforce/2026-04-12/act-1999-050#GS10@EN) or [11](/view/html/inforce/2026-04-12/act-1999-050#GS11@EN) of the [Federal Courts (State Jurisdiction) Act 1999](/view/html/inforce/2026-04-12/act-1999-050) must be initiated by filing an originating process.\n> \n> > (2)  If –\n> > \n> > > > (a) in a proceeding, the Federal Court of Australia has made an order for the winding-up of a company; and\n> > > \n> > > > (b) the order is an ineffective judgment within the meaning of the [Federal Courts (State Jurisdiction) Act 1999](/view/html/inforce/2026-04-12/act-1999-050)  –\n> > \n> > an application under the [Federal Courts (State Jurisdiction) Act 1999](/view/html/inforce/2026-04-12/act-1999-050) in relation to the winding-up of the company may be made by filing an interlocutory process.\n> \n> > (3)  An interlocutory process filed under [subrule (2)](#GS5@Gs2@EN) must state the proceeding number of the Federal Court proceeding.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Legislation rescinded","content":"### 6 Legislation rescinded\n\n> The legislation specified in [Schedule 1](#JS1@EN) is rescinded.","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Legislation resci","sectionType":"part","heading":"SCHEDULE 1 - Legislation rescinded","content":"# SCHEDULE 1 - Legislation resci SCHEDULE 1 - Legislation rescinded\n\n[Rule 6](#GS6@EN)\n\n| Supreme Court (Corporations) Rules 2000 (No. 20 of 2000) |\n| Rules of the Supreme Court (Corporations Law) Amendment Rules 2000 (No. 82 of 2000) |\n| Rules of the Supreme Court (Corporations Law) Amendment Rules 2001 (No. 44 of 2001) |\n| Rules of the Supreme Court (Corporations Law) Amendment Rules (No. 2) 2001 (No. 69 of 2001) |\n| Rules of the Supreme Court (Corporations Law) Amendment Rules 2004 (No. 55 of 2004) |\n| Supreme Court (Corporations) Amendment Rules 2004 (No. 119 of 2004) |\n| Supreme Court (Corporations) Amendment Rules 2005 (No. 72 of 2005) |\n\nE. C. CRAWFORD\n\nChief Justice\n\nP. W. SLICER\n\nPuisne Judge\n\nP. E. EVANS\n\nPuisne Judge\n\nS. E. TENNENT\n\nPuisne Judge\n\nD. J. PORTER\n\nPuisne Judge\n\nCountersigned,\n\nE. A. KNIGHT\n\nRegistrar\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 22 October 2008\n\nThese Rules of Court are administered in the Department of Justice.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available information, the rules appear to have remained consistent with their original purpose since commencement in 2008. No amendments are evident from the metadata that would suggest a material change in scope. The rules continue to serve their original function of governing corporate law proceedings in the Tasmanian Supreme Court."},"complexity_factors":["Operates at the intersection of state procedural law and federal corporations law, requiring understanding of both frameworks","Procedural rules can be highly technical, with precise deadlines, forms, and filing requirements that carry legal consequences if not followed","Designed to interact with the national Corporations Act 2001 and federal court rules, creating a layered regulatory environment","Limited content was available for analysis — the full body of rules was not included, limiting ability to assess full complexity","Relevant to a specialist area of law (corporations/insolvency) that most laypeople rarely encounter","Rules of court typically cross-reference many other instruments and forms, adding layers for practitioners to navigate"],"plain_english_summary":"The Supreme Court (Corporations) Rules 2008 (Tas) set the procedural framework for corporate cases in Tasmania’s Supreme Court — insolvencies, winding‑up and other matters under the Corporations Act. They govern filing, forms, notice and timelines, affecting directors, creditors, shareholders, liquidators, administrators and corporate lawyers. Consistency with the national Act helps align Tasmanian practice with other states."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: providing procedural rules for corporations matters in the Tasmanian Supreme Court by adopting and modifying Federal Court rules. The scope has not expanded beyond this specific procedural function."},"complexity_factors":["Very short instrument (6 substantive rules plus schedule)","Only 2 defined terms ('Commonwealth Rules' and 'Court')","Simple legislative technique: wholesale adoption of external rules with enumerated modifications (8 specific modifications listed in rule 4)","Minimal conditional logic — only one substantive procedural condition in rule 5(2) regarding winding-up applications","No nested exceptions or complex cross-referencing beyond pointing to external instruments (Federal Rules, Supreme Court Rules 2000, Federal Courts (State Jurisdiction) Act 1999)","Straightforward rescission schedule listing 7 repealed instruments"],"plain_english_summary":"**What this legislation does:**\n\nThese rules set out how companies and corporations-related disputes are handled in the **Supreme Court of Tasmania**. Rather than writing a completely new set of rules from scratch, Tasmania has \"adopted\" (taken on) the **Federal Court (Corporations) Rules 2000** — which are the rules used in the Federal Court of Australia for corporations matters — but with a few **Tasmanian-specific tweaks**.\n\n**Who it affects:**\n\n- **Companies and corporations** involved in legal disputes in Tasmania\n- **Directors, shareholders, and creditors** of those companies\n- **Lawyers** representing corporate clients in the Tasmanian Supreme Court\n- The **Supreme Court of Tasmania** itself, which must apply these rules\n\n**Key changes from the Federal Rules:**\n\n- When the Federal Rules say \"Court,\" they now mean the **Supreme Court of Tasmania** (not the Federal Court)\n- **Affidavits** (sworn written statements) can follow Tasmanian, State/Territory, or Federal Court formatting rules\n- References to \"Order 50\" in the Federal Rules now point to **Division 3 of Part 27 of Tasmania's Supreme Court Rules 2000** (Tasmania's general civil procedure rules)\n- **Two entire sections** of the Federal Rules (Division 16 and Schedule 2) **don't apply** in Tasmania\n- **Court forms** are updated to clarify that **corporations must be represented by a lawyer** — they can't represent themselves\n\n**Special procedure for winding-up cases:**\n\nIf the Federal Court has already ordered a company to be wound up (liquidated), but that order isn't effective in Tasmania, you can apply to the Tasmanian Supreme Court using an **interlocutory process** (a type of court application) rather than starting a whole new case.\n\n**Why it matters:**\n\nThis ensures that corporations law is applied **consistently across Australia** (using the same basic rules as the Federal Court), while allowing for **Tasmania's specific court procedures**. It also cleans up the law by **rescinding** (cancelling) seven older sets of rules from 2000–2005, replacing them with this single, clearer instrument."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. These Rules replace the prior Supreme Court (Corporations) Rules 2000 and listed amendments (Schedule 1) by adopting the Federal Court (Corporations) Rules 2000 as the Supreme Court of Tasmania’s corporations rules with specified modifications (Rule 4). They also change how proceedings under the Federal Courts (State Jurisdiction) Act are initiated (Rule 5) and remove certain divisions/schedules of the Commonwealth Rules (Rule 4(e))."},"complexity_factors":["Adoption of an external rulebook (Federal Court (Corporations) Rules 2000) creates cross‑reference and interpretive complexity (Rule 4).","Multiple precise textual substitutions and omissions that alter operation of adopted rules (Rule 4(b)–(h)), requiring line‑by‑line comparison to determine effect.","Interaction with the Federal Courts (State Jurisdiction) Act 1999 for commencement and procedure of proceedings introduces cross‑jurisdictional procedure (Rule 5(1)–(3)).","Rescission of earlier state rules and amendments means transitional and historical coverage must be checked (Rule 6; Schedule 1).","Restrictions on corporate representation (substituted Notes in Schedule 1 forms) impose a clear compliance burden on corporate parties (Rule 4(f)–(h)).","References in the adopted rules redirected to parts of the Supreme Court Rules 2000 (Order 50 read as Division 3 of Part 27) create mapping and citation issues (Rule 4(c), (d)).","Commencement depends on Gazette notification (Rule 2), and some procedural steps remain subject to the Court’s direction, creating judicial discretion (Rule 2; Rule 5(1)).","Affidavit form options list three possible rule sets for compliance, adding choice and potential uncertainty about applicable form rules (Rule 4(b))."],"plain_english_summary":"This instrument makes the Federal Court (Corporations) Rules 2000 operate as the Supreme Court of Tasmania’s corporations procedure, with specific Tasmanian modifications. It sets how corporations matters under the Federal Courts (State Jurisdiction) Act must be started (originating process, or interlocutory where a Federal Court winding‑up order is an \"ineffective judgment\") and rescinds earlier state corporations rules. It also limits a corporate defendant or respondent to representation by a legal practitioner."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-corporations-rules-2008","history":"/api/acts/supreme-court-corporations-rules-2008/history","analysis":"/api/acts/supreme-court-corporations-rules-2008/analysis","conflicts":"/api/acts/supreme-court-corporations-rules-2008/conflicts","importantCases":"/api/acts/supreme-court-corporations-rules-2008/important-cases","documents":"/api/acts/supreme-court-corporations-rules-2008/documents"}}