The Supreme Court (Corporations) Rules 2013 set procedural rules for Corporations Act, ASIC Act and Cross‑Border Insolvency Act cases: what to file, forms, service, publication, time limits and supporting material, and specific processes for winding‑up, liquidators, receivers and cross‑border recognition. They affect parties, office‑holders (liquidators, receivers), creditors/members, ASIC and foreign reps. Practically, they convert statutory powers into mandatory court practice—fixing compliance steps, timelines and notice/inspection rights that shape costs, decision‑rights and parties’ behaviour.
The Supreme Court (Corporations) Rules 2013 (the Rules) prescribe the practice and procedure to be followed in the Supreme Court in matters governed by the Corporations Act 2001, the Australian Securities and Investments Commission Act 2001 (ASIC Act) and, in part, the Cross‑Border Insolvency Act 2008. The Rules operate as Chapter V of the Rules of the Supreme Court (rule 1.1) and were made under the Supreme Court Act 1986 and Corporations (Ancillary Provisions) Act 2001 (rule 1.2(1)). They commenced on 24 September 2013 (rule 1.2(2)) and expressly revoke prior Chapter V rules listed at rule 1.2(3).
Mechanically, the Rules do the following (samples drawn from the text):
Set formalities for initiating documents: originating and interlocutory processes must be in the prescribed forms (Forms 2 and 3) and state the statutory provisions relied on and relief sought (rule 2.2(3)-(4); Schedule 1 Forms).
Prescribe affidavit support and timing for filings: an originating or interlocutory process generally must be supported by an affidavit (rule 2.4(1)); special timing rules apply for winding‑up affidavits (rule 5.4(4)) and for complaints about statutory demands (rule 2.4A).
Define service, publication and proof obligations: specific minimum service periods are set (rule 2.7), notices must be published in a daily newspaper when required (rule 2.11) and proof of publication must be filed (rule 2.12).
Require notice to ASIC for certain applications and provide a table of provisions triggering that duty (rule 2.8 and its Table).
Create procedure specific to insolvency and external administration: orders for meetings under s 411, appointment and notices for provisional liquidators (Orders 3, 6), liquidator filings and release procedures (Order 7), remuneration processes (Order 9), disclaimers and valuation directions in winding up (Order 10), and inquiries and examination summonses (Order 11).
Current sections
Direct links to the current provisions in Supreme Court (Corporations) Rules 2013.
11
Part 1
General 86
Part 1—General 86
16.1 Powers of Associate Judges 86
16.2 Reference by Associate Judge 86
16.3 Matters within Associate Judge's jurisdiction not to be brought before Judge of the Court except in certain cases 87
16.4 Associate Judge not to hear complaint for offence 87
16.5 Appeals 87
Part 2
Meetings 88
Part 2—Meetings 88
16.6 Inquiry and order by Associate Judge as to meetings 88
Part 3
Winding up 89
Part 3—Winding up 89
16.7 Application of Part 89
16.8 Application to Associate Judge or judicial registrar 89
16.9 Consideration by Associate Judge or judicial registrar 89
16.10 Filing of documents 91
Order 16A—Proceedings under the Federal Courts (State Jurisdiction) Act 1999 92
16A.1 Form for initiating proceeding 92
Order 16B—Powers of Judicial Registrars 93
16B.1 Powers of Associate Judges not limited by powers of judicial registrars 93
16B.2 Powers of judicial registrars 93
16B.3 Matters within judicial registrars' jurisdiction not to be brought before Judge of the Court except in certain cases 93
16B.4 Judicial registrar may constitute Court 94
16B.5 Judicial registrar not to hear complaint for offence 94
16B.6 Appeal of decision of judicial registrar 94
Order 17—Costs 95
17.1 Submission of bill of costs to liquidator 95
17.2 Request for bill for taxation—Form 18A 95
17.3 Lodgement of bill for taxation and appointment to tax 95
17.4 Liquidator's certificate as to special terms of remuneration 96
17.5 No allowance for performance by others of liquidator's or special manager's duties 96
17.6 Application for costs after proceeding concluded 96
17.7 Costs of winding up application—short form bills 97
Schedules 99
Sch 1
Forms 99
Schedule 1—Forms 99
Sch 2
Powers of the Court that may be exercised by an Associate Judge 133
Schedule 2—Powers of the Court that may be exercised by an Associate Judge 133
Schedule 2AA—Insolvency Practice Schedule (Corporations) 141
Sch 2A
Powers of the Court that may be exercised by a Judicial Registrar 145
Schedule 2A—Powers of the Court that may be exercised by a Judicial Registrar 145
More sections below
Source text: opening excerpt
Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
1 Supreme Court (Corporations) Rules 2013
Version No. 011
Supreme Court (Corporations) Rules 2013
S.R. No. 112/2013
Version incorporating amendments as at
2 July 2018
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary 1
1.1 Title and objects 1
1.2 Authorising provisions, commencement and revocation 1
1.3 Application of these Rules and other rules of the Court 2
1.4 Expressions used in the Corporations Act 3
1.5 Definitions for these Rules 4
1.6 Reference to rules and forms 6
1.7 Substantial compliance with forms 6
1.8 Court's power to give directions 7
1.9 Calculation of time 7
1.10 Extension and abridgment of time 8
Order 2—Proceedings generally 9
2.1 Title of documents in a proceeding—Form 1 9
2.2 Originating process and interlocutory process—Forms 2 and 3 9
2.3 Fixing of hearing 11
2.4 Supporting affidavits 11
2.4A Application for order setting aside statutory demand (s. 459G of the Corporations Act) 11
2.5 Affidavits made by creditors 12
2.6 Form of affidavits 13
2.7 Service of originating process or interlocutory process and supporting affidavit 13
2.8 Notice of certain applications to be given to ASIC 14
2.9 Notice of appearance (s. 465C of the Corporations Act)—Form 4 16
2.10 Intervention in proceeding by ASIC (s. 1330 of the Corporations Act)—Form 5 17
2.11 Publication of notices 17
2.12 Proof of publication 18
2.13 Leave to creditor, contributory or officer to be heard 18
2.14 Inquiry in relation to corporation's debts etc. 19
2.15 Meetings ordered by the Court 20
Order 3—Compromises and arrangements in relation to Part 5.1 bodies 21
3.1 Application of Order 3 21
3.2 Nomination of chairperson for meeting 21
3.3 Order for meetings to identify proposed scheme 22
3.4 Notice of hearing (ss 411(4), 413(1) of the Corporations Act)—Form 6 23
3.5 Copy of order approving compromise or arrangement to be lodged with ASIC 24
Allocate work between Judges, Associate Judges and judicial registrars and list powers exercisable by each (Rules 16.1, 16B.2 and Schedules 2, 2A, 2AA).
Implement Cross‑Border Insolvency procedures aligned with the Model Law (Order 15A).
The Rules also supply detailed forms (Schedule 1) that standardise information and procedural content for filings such as statutory demand affidavits (Form 7), consents of liquidators (Form 8), notices of intention to apply for remuneration (Form 16), examination summonses (Form 17) and warrants (Form 17A). They update and adapt existing Supreme Court practice to the Corporations Act regime, including the Insolvency Practice Schedule (Corporations) (rule 1.4(2)) and provide for electronic filing by reference to the RedCrest system (rule 1.5 definition).
The instrument therefore transforms statutory rights and remedies under the Corporations Act, ASIC Act and Cross‑Border Insolvency Act into standardized Court procedure: it prescribes what documents must say, who must be served and when, what supporting material is required, and which judicial officer may decide which matters (see notably Rules 2.2, 2.4, 2.7, 2.8, Orders 5-11, 15A and 16).
Main concepts
The Rules operate around a small set of recurring procedural concepts and mechanisms. Each concept carries prescriptive duties, defined triggers and form requirements.
Forms as mandatory structure. The Rules require originating and interlocutory processes and many supporting notices and affidavits to be "in accordance with" the prescribed forms in Schedule 1 (see Rules 2.2(3)-(4), 5.2, 5.5, 6.1, 11.3, and numerous Form references). Substantial compliance is accepted but the forms determine the information the Court expects (rule 1.7).
Affidavit‑support regime. Most applications must be supported by affidavits stating the facts relied upon (rule 2.4(1)). There are specific affidavit content and timing requirements for winding up (Rule 5.4), statutory demand affidavits (Form 7 and Rule 5.2), and examination summons applications (Rule 11.3). The Rules also distinguish particular processes where confidentiality or restricted inspection applies (e.g. Rule 7.3(4) and Rule 11.3(7)).
Service, publication and evidence of publication. The Rules set minimum service timelines: originating process at least 5 days before hearing and interlocutory process at least 3 days (rule 2.7(1)-(2)). Where notices must be published, Rule 2.11 prescribes publication once in a daily newspaper circulating generally where the body has its principal or last known place of business. Proof of publication must be filed as an affidavit or memorandum (rule 2.12).
ASIC engagement. The Rules impose additional notice obligations to ASIC beyond statutory service in certain categories of applications (rule 2.8). Rule 12.1 requires service on ASIC for proceedings under Chapters 6 and 7. Rule 2.8 includes a Table identifying specific Corporations Act provisions triggering the ASIC notice duty.
Roles of court officers. The Rules allocate decision‑making and administrative tasks between Judges, Associate Judges and judicial registrars. Rule 16.1 and Schedule 2 list the Court powers that may be exercised by an Associate Judge, Schedule 2AA extends that list to specified Insolvency Practice Schedule provisions, and Schedule 2A sets out judicial registrar powers (Rules 16.1, 16B.2). Rules constrain when matters within Associate Judge or judicial registrar jurisdiction may proceed to a Judge (Rule 16.3, 16B.3).
Insolvency and administration mechanics. The Rules contain detailed pathways for winding up, provisional liquidators, liquidator duties, discharge and release (Orders 5-7), special managers (Order 8), determination of remuneration (Order 9) and disclaimer of contracts (Order 10). For example, liquidator release requires a detailed supporting affidavit and 21 days for objections (Rule 7.5(2)-(6) and Rule 7.6).
Examinations, inquiries and enforcement. Order 11 covers exam summonses (Form 17), service (Rule 11.4), discharge applications (Rule 11.5), inspection of records (Rule 11.8) and consequences for default including arrest warrants and arrest powers under Order 11A (Rule 11.10 and Rule 11A.01).
Cross‑Border measures. Order 15A translates Model Law recognition and provisional relief procedures into Court practice: article 15 recognition requires Form 2 originating process with affidavit verification (Rule 15A.3); notices to creditors and publication are prescribed (Rules 15A.6-15A.7); and designated persons entrusted with asset distribution must be registered liquidators who file a Consent to Act (Rule 15A.5).
Remuneration and cost procedure. Orders 9 and 17 detail notice periods (generally 21 days for remuneration applications,Rules 9.1(2), 9.2(2), 9.3(3), 9.5(3)), objection rights and evidence to be filed. Order 17 prescribes lodging and taxation of bills and a short‑form claim for winding up costs (Rule 17.7).
Preservation of Court discretion. Multiple provisions preserve the Court’s ability to depart from the prescriptive rules,for example, the Court may give directions in practice and procedure (rule 1.8) and may order otherwise where the Rules permit (multiple Rules adopt language "unless the Court otherwise orders").
These concepts set the procedural template that translates statutory insolvency and Corporations Act remedies into litigable Court steps, allocating notice, evidentiary and timing responsibilities among plaintiffs, defendants, office‑holders and ASIC, and specifying which judicial actor decides particular matters.
Who it affects
The Rules affect a defined and overlapping set of participants in corporations and insolvency processes. The principal categories and what the Rules require of them are:
Plaintiffs and applicants: Any person who brings proceedings under the Corporations Act, ASIC Act or Cross‑Border Insolvency Act must comply with the requirements in initiating documents, the supporting affidavit rules and service obligations (see Rules 2.2, 2.4, 2.7). For example, an applicant for recognition under the Model Law must file an originating process that names the foreign representative as the plaintiff and must annex the affidavit material required by article 15 (Rule 15A.3(1)-(3)).
Defendants and respondents: Persons named as defendants or respondents must file notices of appearance in the prescribed form and within the time limits set out (rule 2.9(1)-(3)). In winding up proceedings a person who wishes to oppose must file grounds and a verifying affidavit within the period prescribed (note to rule 2.9 and section 465C of the Corporations Act as the Rules explain).
Corporations and their officers: Where a corporation is the subject of proceedings, the Rules frequently require that the corporation itself be served when it is not a party (rule 2.7(1)(b)-(2)(b)) and enable inquiries and examinations into officers’ conduct under Order 11 (rule 11.2(1)). Liquidators, provisional liquidators and external administrators have explicit filing, reporting and notice duties (Orders 6-9, particularly Rules 7.3, 7.4, 7.5, 9.2).
Liquidators, provisional liquidators and external administrators: These office‑holders must provide consents in Form 8 to be appointed (Rules 5.5(2), 6.1(1)-(2)), make reports under s 475 with forms and instructions (Rule 7.3(1)), file settled lists of contributories (Rule 7.4), and meet the Rules governing release and objections (Rules 7.5-7.7). Applicants seeking remuneration determinations must comply with the notice and affidavit structures set out in Order 9.
Creditors and contributories: The Rules grant creditors rights to notice and participation. Creditors must be served with remuneration notices in many remuneration applications (Rule 9.1(2), 9.2(2), 9.3(3)). In winding up a creditor or contributory can object to a liquidator’s release (Rule 7.6), and creditors can apply for examinations and inquiries (Rule 11.2 and the Notes thereto).
ASIC: The Rules impose separate notice or service duties to ASIC for specific applications (rule 2.8 and its Table; Rule 12.1 for Chapters 6/7), provide for ASIC intervention by filing Form 5 (Rule 2.10) and allow the Court to restrict inspection of certain reports (Rule 7.3(4)). Several provisions require lodgement with ASIC (e.g. lodging an office copy of a compromise order,Rule 3.5; lodging an order appointing a provisional liquidator,Rule 6.2(2)(a)).
Courts officers: The Prothonotary has duties to fix hearing dates and seal copies for service (Rule 2.3), to nominate liquidators if applicant fails to file a consent (Rule 5.5(4)-(7)), and to authenticate orders and manage filed envelopes for examination applications (Rule 11.3(4)). Associate Judges and judicial registrars are assigned specified powers and procedural oversight under Rule 16 and Schedules 2, 2A and 2AA.
Other interested persons: The Court may grant leave for creditors, contributories or officers to be heard without joining them as parties (Rule 2.13). The Rules also provide for the appointment of a creditor or contributory to represent classes of creditors at the expense of the corporation (Rule 2.13(5)).
Who pays: the Rules make clear that costs and expenses associated with publication, preparing reports and applying for release or remuneration frequently fall upon the party whose application triggers the process, the liquidator or, in some instances, may be charged to company property subject to the Court's directions (see Rules 7.5(5), 8.2(2), 17.2 and 17.3). Where the Court considers that a person granted leave to be heard has caused additional costs, the Court may direct that person to pay them (Rule 2.13(2)).
Who decides: the Court decides compliance, but operational roles are delegated in part to Associate Judges and judicial registrars as set out in Rule 16 and Schedules 2, 2A and 2AA. The Court retains discretion to depart from rules and to give directions (rule 1.8).
In summary, the Rules affect plaintiffs and applicants (document content and timing), defendants and respondents (appearance and defence timing), corporate office‑holders (reporting, consent and notice duties), creditors and contributories (participation and objection rights), ASIC (notice regime and intervention capability), and Court officers (administrative tasks and delegated judicial functions).
Key duties and rights
The Rules prescribe specific duties for participants and protect certain procedural rights. Below are the principal duties and rights grouped by procedural stage, with cross‑references to specific Rules and Forms.
Initiation and form duties
Duty to use prescribed forms or substantially comply with them: originating processes (Form 2) and interlocutory processes (Form 3) must be in accordance with the forms (rule 2.2(3)-(4); rule 1.7 permits substantial compliance).
Duty to state statutory basis and relief sought: the originating/interlocutory process must state the Corporations Act/ASIC Act/Corporations Regulations or Insolvency Practice Schedule provisions relied upon and the relief sought (rule 2.2(3)(b)(i)-(ii), 2.2(4)(b)).
Affidavit and evidence duties
Affidavit support: most processes must be supported by affidavits that state the factual basis (rule 2.4(1)); certain applications carry special affidavit requirements , for example, affidavits accompanying statutory demands must follow Form 7 and not refer to Court proceedings in headings (rule 5.2); affidavits supporting winding up must be made within seven days before filing (rule 5.4(4)).
ASIC record searches: affidavits in support of originating processes must annex a record of a search of ASIC records carried out no earlier than seven days before filing (rule 2.4(2)); a specific modified regime applies to s 459G applications (rule 2.4A).
Service and notice duties
Service timelines: originating process must be served on each defendant and the company (if not a party) as soon as practicable and, in any case, at least 5 days before hearing; interlocutory process at least 3 days (rule 2.7(1)-(2)).
Notices to ASIC: additional service on ASIC is required "a reasonable time before the hearing" for applications listed in Rule 2.8's Table; the Table identifies provisions such as ss 480, 482(1), Chs 6-7, and specified Insolvency Practice Schedule provisions.
Publication obligations: where a rule requires publication, the notice must appear once in a daily newspaper circulating generally in the State/Territory where the corporation's principal or last known place of business is situated (rule 2.11). Proof of publication must be filed by affidavit or memorandum (rule 2.12).
Rights to appear and oppose
Right to appear and file notice: persons intending to appear must file a notice of appearance in Form 4 and may, in winding up matters, include grounds of opposition required by s 465C (rule 2.9(1)-(3)). The Rules reinforce statutory consequences: absent filing and service within the prescribed period, a person may not oppose without the Court's leave (note to rule 2.9 referencing s 465C).
Leave to be heard without becoming a party: the Court may grant leave for creditors, contributories or officers to be heard without joining them as parties; the Court may impose costs on such persons if their attendance has caused additional expense (rule 2.13).
Office‑holder duties and rights
Consent to act: a registered liquidator or provisional liquidator must give written consent in Form 8 before appointment (Rules 5.5(2), 6.1(1)-(2)).
Reporting and confidentiality: liquidators must provide forms and instructions for s 475 reports and must report defaults to the Court; some reports are not available for inspection without leave or ASIC consent (Rule 7.3(1)-(4)).
Release and objection rights: liquidator's interlocutory process for release must include a notice allowing 21 days for objections and a supporting affidavit with detailed financial and conduct statements; creditors may object by filing Form 13 within 21 days (Rules 7.5(2)-(6), 7.6).
Remuneration and taxation rights
Notice and objection process for remuneration: receivers, external administrators, provisional liquidators and special managers must serve Form 16 notices of intention to apply for remuneration at least 21 days before filing the originating/interlocutory process; recipients have 21 days to object and must state grounds (Rules 9.1(2)-(4), 9.2(2)-(4), 9.3(3)-(4), 9.5(3)-(4)).
Short form costs for plaintiffs in winding up: a plaintiff can claim an amount set out by the Scale of Costs as costs of a winding up application and must serve a bill and evidence; the liquidator has 14 days to dispute items (Rule 17.7).
Examination and enforcement rights/duties
Examination summons and defences: the Court may issue examination summonses under s 596A or 596B; applications may be ex parte and supporting affidavits and draft summons must be filed in a sealed envelope (Rule 11.3). A person served with an examination summons may apply to discharge it within 3 days (Rule 11.5).
Default consequences: failure to attend without reasonable cause or refusal to answer may result in the Court issuing an arrest warrant and any other necessary orders (Rule 11.10). Arrest warrants under s 486B must state grounds, be supported by affidavit and take Form 17A (Rule 11A.01).
Powers and delegation
Delegation to Associate Judges and registrars: Rule 16.1 and Schedules 2, 2AA list numerous Corporations Act and Insolvency Practice Schedule powers that Associate Judges may exercise; judicial registrars have designated powers in Schedule 2A and Rule 16B.2. The Court retains discretion to refer matters to a Judge (Rule 16.2).
These duties and rights are materially interlocked: failure to comply with affidavit, service, publication, notice to ASIC or timing rules can result in adjournment, dismissal or the Court exercising powers under Rules giving it latitude to order relief, require further process or make enforcement orders (see, for example, rules 1.8, 16.9 and 11.10).
Penalties and enforcement
The Rules specify procedural enforcement mechanisms and provide for judicial orders that carry coercive consequences. The instrument does not itself create criminal penalties; instead it prescribes processes that engage statutory enforcement powers within the Corporations Act. The key enforcement mechanisms and the procedural contexts where they arise are:
Examination default measures (Rule 11.10). If a person summoned for examination under Part 5.9 fails to attend, refuses to swear, refuses to answer questions, refuses to produce books or refuses to sign examination records without reasonable cause, the Court may issue a warrant for the person's arrest and "make any other orders that the Court thinks just or necessary" (Rule 11.10(2)(a)-(b)). This provides a specific civil coercive remedy linked to attendance and cooperation at examinations.
Arrest warrants under the Corporations Act (Order 11A and Form 17A). For conduct connected with winding up (e.g. attempted absconding to avoid paying money due, concealing company property, destroying books), the Court may issue a warrant under s 486B. The Rules require applications for such warrants to state grounds, be accompanied by supporting affidavit material, and use the prescribed Form 17A (Rule 11A.01(1)-(3)). Where an arrest occurs under the warrant, the arresting officer must give immediate notice to the Prothonotary or registrar (Rule 11A.01(4)).
Orders to seize or vest property and to require attendance. Warrants and other orders may authorise seizure of company property and books, and direct production to the Prothonotary or registrar until further Court order (Form 17A content). Other provisions empower the Court to order delivery of property to a liquidator, to direct contributories to pay money, to make calls and order payment (see Schedule 2 items reflecting s 483(1)-(4), s 483(6) and related provisions listed in Schedule 2).
Consequences for failure to comply with rule-imposed procedural obligations. Procedural non‑compliance, such as failure to file required affidavits within prescribed timelines or failure to comply with service requirements, may lead the Court to adjourn, dismiss the application, require further compliance or refuse leave (Rule 16.9(1)-(3); Rule 5.8 states discontinuance of an application for winding up requires leave). The Prothonotary has administrative powers to nominate liquidators where consents are absent (Rule 5.5(4)-(7)), which shifts practical control over appointment when applicants fail to secure a consent.
Costs orders and security. The Court may order costs against persons granted leave to be heard who cause additional expenses (Rule 2.13(2)). The Schedules list the Court's power to order security for costs under s 1335 (Schedule 2 item 134) and to order payment of money (Schedule 2 item 134/135), which imposes financial enforcement risk on litigants.
Restriction on inspection and confidentiality. Certain documents filed pursuant to the Rules can be withheld from inspection unless the Court orders otherwise or with ASIC consent (Rule 7.3(4), Rule 11.3(7), Rule 11.8). The Court may therefore control dissemination, and breach of an order restricting inspection could expose a person to contempt or other judicial sanction (though the Rules do not set out contempt procedures, the Court's power to make "any other orders" is broad).
Remuneration determination enforcement. The Rules set out processes where remuneration claims can be objected to and dealt with in Court (Order 9). The ability to secure a Court determination and to require notice and objections places external administrators and office‑holders in a position where remuneration may be adjusted or returned (Schedule 2AA item 18 notes that orders can require repayment of remuneration).
Publication and lodgement obligations with ASIC. Failure to lodge orders with ASIC where required (for example, orders approving compromises or provisional liquidator appointments,Rules 3.5 and 6.2(2)(a)) may have statutory consequences under the Corporations Act and associated regulations. The Rules require filing or lodgement "as soon as practicable" which operationalises statutory transparency duties.
Enforcement under these Rules therefore operates through civil coercive instruments: warrants and arrest for examination default, seizure or vesting orders for company property, compulsion to attend and answer at examination, financial orders and costs, and administrative sanctions through Court discretion (adjournments, dismissals, naming or appointment of liquidators). The Rules interlock with statutory powers in the Corporations Act (the schedules to the Rules list the statutory provisions whose powers may be exercised by Associate Judges or registrars), and compliance failures expose parties to the Court's civil enforcement toolbox rather than to new offences created by the Rules themselves.
How it interacts with other laws
The Rules are explicitly framed to operate alongside and in support of the Corporations Act 2001, the ASIC Act 2001, the Insolvency Practice Schedule (Corporations) (Schedule 2 to the Corporations Act) and the Cross‑Border Insolvency Act 2008. The principal interaction mechanisms are:
Adoption of statutory definitions and cross‑references. The Rules provide that, unless the contrary intention appears, expressions used in these Rules and the Corporations Act have the same meaning (rule 1.4(1)); the same rule extends this to expressions in the Insolvency Practice Schedule (rule 1.4(2)). The notes to Rule 1.4 list cross‑referenced statutory terms like ABN, ACN, ASIC, company, officer, statutory demand and Part 5.1 body. This alignment ensures terminological unity between procedural rules and substantive statutory provisions.
Procedure to give effect to statutory remedies. The Rules convert statutory rights into Court procedure. Examples: winding up procedures under Part 5.4/5.7 are implemented through Order 5 and accompanying forms and affidavit requirements (Rules 5.1-5.11); provisions for examination under Part 5.9 are given procedural form by Order 11; the Insolvency Practice Schedule remuneration provisions (Division 60) are operationalised by Order 9 (Rule 9.2 refers to s 60‑10; Schedule 2AA lists the Schedule provisions that Associate Judges may exercise).
Notices and lodgements with ASIC and other statutory filing destinations. The Rules require lodgement of certain Court orders with ASIC and require serving documents on ASIC for particular applications beyond statutory service (rule 2.8 and Table; Rule 3.5; Rule 6.2(2)(a)). This integrates Court administration with ASIC's registry function and ensures that Court orders affecting company registration or external administration are registered with the corporate regulator.
Cross‑Border Insolvency Model Law alignment. Order 15A expressly implements Model Law procedures as enacted in the Cross‑Border Insolvency Act. The originating process for recognition must include the statements referred to in article 15 and section 13 of the Cross‑Border Insolvency Act and be accompanied by affidavits verifying those matters (Rule 15A.3(1)-(2)). The Rules require notice to creditors and publication (Rules 15A.6-15A.7), and set the conditions for provisional relief and designation of a registered liquidator for asset distribution (Rule 15A.4-15A.5). The Rules therefore operationalise the Model Law’s cross‑border recognition and relief procedures.
Delegation within the Supreme Court statute framework. Rule 1.2(1) cites enabling powers in the Supreme Court Act 1986 and the Corporations (Ancillary Provisions) Act 2001. Rule 16 and Schedules 2, 2A and 2AA define which statutory powers (Corps Act sections and Insolvency Practice Schedule sections) can be exercised by Associate Judges and judicial registrars, referencing sections of the Supreme Court Act (Rule 16.5 refers to s 17A and section 113L to judicial registrars). This places the Rules within the broader State judicial architecture.
Interaction with Corporations Regulations. The Rules note that certain meetings ordered by the Court are to be governed by specified Corporations Regulations (Rule 3.3(2) refers to regulations 5.6.11 to 5.6.36A). Where Corporations Act or Regulations provide specific publication formats and registers (e.g. s 465A and corresponding regulations for winding up notices), the Rules defer to those statutory mechanisms (e.g. notes at Rules 5.6(1)-(2) and 5.11(3)-(4)).
Relationship to Federal jurisdiction overlay. Order 16A addresses interactions with the Federal Courts (State Jurisdiction) Act 1999, specifying when a proceeding for relief under that Act must be initiated by originating process and providing an exception where the Federal Court has already made an ineffective winding up judgment (Rule 16A.1(1)-(3)).
Preservation of Court discretion and statutory safeguards. The Rules repeatedly preserve the Court's ability to order otherwise where necessary to give effect to statutory aims or to prevent injustice (e.g. rule 1.8 giving the Court broad direction power where statutory or rule provisions do not adequately provide practice and procedure). The Rules also protect confidential files and reports filed under the Corporations Act (Rule 7.3(4), with a statutory note referencing s 1274(4G)).
In short, the Rules are procedural instruments that implement, clarify and sometimes augment the practical operation of the Corporations Act, the Insolvency Practice Schedule, the ASIC Act and the Cross‑Border Insolvency Act. They standardise Court practice, incorporate statutory definitions, prescribe when regulatory lodgement with ASIC is required, and allocate statutory decision‑making powers among judicial officers.
Amendment history
The Rules include an explicit amendment record and endnotes showing incremental statutory instrument updates since initial making. The instrument itself was made on 29 August 2013 and commenced on 24 September 2013 (rule 1.2(2) and Endnotes item 1). The Endnotes incorporate a Table of Amendments listing subsequent Statutory Rules that amended the 2013 Rules. Those named amending instruments and their dates of making/commencement include (the Rules’ endnotes and Table list these items verbatim):
Supreme Court (RedCrest Electronic Case Management System Amendment) Rules 2014, S.R. No. 48/2014, made 29 May 2014. Rules 23-29 commenced 1 July 2014 (Endnotes Table).
Supreme Court (Judicial Registrars Amendment) Rules 2015, S.R. No. 10/2015, made 26 February 2015. Rules 14-22 commenced 1 March 2015.
Supreme Court (Judicial Registrars Further Amendment) Rules 2015, S.R. No. 30/2015, made 30 April 2015. Rule 7 commenced 4 May 2015.
Supreme Court (Associate Judges Amendment) Rules 2015, S.R. No. 40/2015, made 28 May 2015. Rule 13 commenced 1 July 2015.
Supreme Court (Chapter V Publication of Notices Amendment) Rules 2016, S.R. No. 140/2016, made 24 November 2016. Commenced 1 January 2017.
Supreme Court (E‑Filing Amendments) Rules 2017, S.R. No. 15/2017, made 30 March 2017. Rules 22 and 23 commenced 18 April 2017.
Supreme Court (Chapter V Insolvency and Further Powers of Judicial Registrars Amendment) Rules 2018, S.R. No. 56/2018, made 17 May 2018. Commenced 1 June 2018.
Supreme Court (E‑Filing and Other Amendments) Rules 2018, S.R. No. 58/2018, made 17 May 2018. Rules 31-36 commenced 2 July 2018.
The endnotes state that the Version in the printed instrument incorporates amendments as at 2 July 2018 (Version No. 011 header). The Endnotes also record that the Rules are subject to the Subordinate Legislation Act 1994 sunset provisions: the Rules "will sunset 10 years after the day of making on 29 August 2023" (Endnotes, item 1). The schedules to the Rules themselves were amended at various times (for example, Schedule 2AA was inserted by S.R. No. 56/2018 rule 38; Schedule 2A was inserted by S.R. No. 10/2015 rule 22 and amended by S.R. No. 56/2018 rule 39).
The text also documents rule‑by‑rule amendments where later Statutory Rules changed or substituted particular Rules , those changes are footnoted directly in the instrument (see numerous inline annotations such as "Rule x amended by S.R. No. 56/2018 rule y"). For example, Rule 4.1 and Rule 4.2 were substituted by S.R. No. 56/2018 rule 8; Order 16B and related Rules were inserted by S.R. No. 10/2015 rule 21.
This amendment history means the Rules have been actively maintained to accommodate electronic filing (RedCrest), reallocation of jurisdiction to judicial registrars and Associate Judges, and to implement changes in insolvency practice. The printed endnotes provide the authoritative list of amendments and commencement dates; practitioners should consult the Version date header and the Endnotes Table for precise amendment sourcing and timing.
Litigation history
The Rules document itself does not record judicial decisions or a litigation history interpreting these Rules. There are no cases named within the text of the Rules nor any reported judicial determinations reproduced in the instrument. The document is a rules instrument and its Endnotes and Schedules list legislative and subordinate instrument amendments, not court judgments.
Where the Rules reference statutory rights that have been considered by courts (for example, references to Corporations Act sections such as s 465C or s 472), the Rules do not summarise or comment on judicial interpretation. The instrument explicitly confines itself to prescribing practice and procedure and to listing which judicial officers may exercise what powers (Rules 16.1, 16B.2, Schedules 2/2A/2AA). It leaves legal interpretation and the development of case law to the courts hearing matters under these Rules.
For litigation practice the Rules provide the procedural template the Court expects. Any litigation history or case law interpreting specific Rules, such as timing, sufficiency of affidavit material, the ambit of the Court's discretion to order otherwise, or the exercise of enforcement powers (warrants, examination powers), will be developed through judicial decisions in proceedings brought under the Corporations Act and allied statutes. Practitioners seeking authoritative judicial interpretation must therefore consult case law databases and reported decisions for precedents on specific rule applications; the Rules themselves neither compile nor comment on that material.
In short, the Rules supply the procedural framework; they do not include a litigation history or interpretive commentary. The absence of case references within the instrument means practitioners must look to court decisions outside the instrument for settled interpretations of contested procedural points.
Gotchas
The Rules contain numerous procedural traps for unwary practitioners and office‑holders. The following concrete items are matters that practitioners commonly overlook and that the Rules make critical by timing, content, form, or linked obligations. Citations identify the governing Rules.
Affidavit timing and ASIC search window (Rules 2.4(2), 5.4(4), 2.4A). Originating processes generally require an affidavit that annexes an ASIC search carried out no earlier than seven days before filing (Rule 2.4(2)). For winding‑up affidavits, the affidavit must be made within seven days before filing (Rule 5.4(4)). For s 459G applications Rule 2.4A modifies the requirement and imposes a duty on the plaintiff to carry out an ASIC search no earlier than seven days before filing and either annex it or file/tender it before or at hearing. Missing these windows can compromise admissibility and provoke adjournment.
Service deadlines calibrated to process type (Rule 2.7). Originating processes require service "as soon as practicable" and at least five days before hearing; interlocutory processes require service at least three days before hearing. Practitioners who assume uniform timelines risk late service that can result in adjournments or the Court declining to deal with the application.
Distinct rules for statutory‑demand set‑aside (Rule 2.4A). Rule 2.4(2) does not apply to s 459G applications; instead Rule 2.4A prescribes a different filing and ASIC‑search regime. Treat statutory demand litigation as a separate procedural track.
Publication obligations vary with statutory route (Rules 2.11, 3.4, 5.6, 5.11, 6.2(3)). Notices that must be published once in a daily newspaper must be published in the State/Territory of the company's principal or last known place of business (Rule 2.11). However, if an application arises under ss 459P, 462 or 464 the Corporations Regulations prescribe alternative publication requirements and formats (notes to Rules 5.6 and 5.11) , check whether the statutory route triggers the Regulations.
Consent of liquidator or Prothonotary nomination (Rules 5.5(2)-(7)). Although the plaintiff may file a consent of a liquidator, the Prothonotary will nominate a registered liquidator if none is filed; the plaintiff must then obtain and file the Prothonotary‑nominated consent before hearing (Rule 5.5(3), (4), (7)). Failure to secure consents before hearing can lead to procedural complications over appointment.
Objection windows for remuneration and release (Rules 9.1(2)-(4), 7.5(2)-(6), 7.6). Notice periods for remuneration are strictly 21 days before filing; recipients have 21 days to object. For liquidator release, objects must be filed within 21 days after service of the interlocutory process. Missing those windows effectively waives the procedural objection route.
Restricted inspection of certain documents (Rules 7.3(4), 11.3(7), 11.8). Reports under s 475 and affidavits supporting examination summonses are, unless the Court orders otherwise, not available for inspection. Practitioners should anticipate and seek appropriate orders for disclosure where necessary and be prepared to justify access.
Examination summons procedure and sealed‑envelope requirement (Rule 11.3(3)-(4)). Applications for examination summons must be filed in a sealed envelope with prescribed wording. Failure to follow that formality may delay or invalidate the application for an examination summons.
Associate Judge and judicial registrar jurisdictional traps (Rules 16.1-16.9, 16B). Many powers can be exercised by Associate Judges or judicial registrars but not all. Schedules 2, 2AA and 2A list what each may decide. If a practitioner proceeds in the wrong list or without considering referral rules (Rule 16.2-16.3, 16.9(4.1)), the application may be referred or delayed.
Discontinuance and leave requirement (Rule 5.8). An application for winding up may not be discontinued except with leave of the Court. Plaintiffs cannot simply withdraw and must seek leave.
Proof of publication and consequent documentary proof (Rule 2.12). Publication proof requires a sworn affidavit or memorandum attaching the published matter and stating the date. Practitioners must file proper proof in time or risk the notice being treated as ineffective.
Cross‑Border particularities (Order 15A). Recognition and provisional relief require specific affidavit verification per article 15 and section 13 of the Cross‑Border Insolvency Act (Rule 15A.3). Additionally, if relief seeks to entrust distribution to a person other than the foreign representative, that person must be a registered liquidator who has filed a Consent to Act (Rule 15A.5). Failure to comply renders relief applications defective.
Short form costs vs. taxed costs (Rule 17.7). Plaintiffs may claim short form costs for winding up applications but doing so excludes later claims to taxed costs on the same application (Rule 17.7(6)). Consider strategic trade‑offs before electing short form recovery.
These are concrete compliance and procedural hazards. Each involves a specific Rule citation and a consequence: adjournment, dismissal, inability to object, need to refile or court‑ordered costs. Practitioners should map each stage of their matter to the relevant Rule(s) in this instrument rather than assume default common law timings.
How to comply
Below is a practical compliance checklist organised by common procedural stages and linked to the Rules and Forms. It is a rules‑based operational guide: follow the cited Rules verbatim.
Pre‑filing checks
Identify the statutory basis: in the originating or interlocutory process state the Corporations Act, ASIC Act, Corporations Regulations or Insolvency Practice Schedule provision(s) relied upon (rule 2.2(3)(b)(i)-(4)(b)(i)).
Select the correct form: use Form 2 for originating process or Form 3 for interlocutory process unless another Rule directs otherwise (rule 2.2(3)(a), 2.2(4)(a); Schedule 1).
Affidavit and ASIC search
Prepare supporting affidavit(s) that state the facts. For originating or interlocutory processes, an affidavit is required unless the Court directs otherwise (rule 2.4(1)).
Carry out an ASIC search no earlier than 7 days before filing and annex it to the affidavit for most originating processes (rule 2.4(2)); for s 459G applications follow Rule 2.4A (search no earlier than 7 days before filing and either annex or file/tender before or at hearing).
Filing and prothonotary requirements
File the originating/interlocutory process and supporting affidavit with the Prothonotary. On receipt the Prothonotary must fix a time, date and place for hearing and may seal copies for service (rule 2.3).
Ensure all forms and affidavits comply with the rules of the Court, or relevant State, Territory or Federal rules for affidavits (rule 2.6).
Service and publication
Serve the originating process on each defendant and, if the corporation is not a party, upon the corporation as soon as practicable and at least 5 days before hearing (rule 2.7(1)); serve interlocutory process at least 3 days before hearing (rule 2.7(2)).
Where Rule 2.11 or a specific Order requires publication, publish once in a daily newspaper circulating generally in the State/Territory of the corporation’s principal or last known place of business (Rule 2.11). File proof of publication as an affidavit or memorandum (Rule 2.12).
ASIC notification and lodgement
Check Rule 2.8's Table to determine whether ASIC must be served; where the Table requires it, serve a copy of the originating or interlocutory process and supporting affidavit on ASIC a reasonable time before hearing (rule 2.8(3)).
If the Court orders (or the Rules require), lodge authenticated copies of orders with ASIC (Rule 3.5(2)(b), Rule 6.2(2)(a), Rule 5.11 notes).
Winding up specific steps
For winding up on statutory demand grounds, attach the statutory demand and supporting affidavit as per Form 2 Part C and the affidavit requirements in Rule 5.4 and Schedule 3 Note 2.
File the consent of a liquidator in Form 8 if available (Rule 5.5(2)-(3)); if not, expect the Prothonotary to nominate and secure the consent before hearing (Rule 5.5(4)-(7)).
Publish notice of a winding up application as required (Rule 5.6) and ensure documents are available at plaintiff’s address for service (Rule 5.7).
File winding up supporting affidavits within the 7‑day window required by Rule 5.4(4).
Provisional liquidator and liquidator duties
If applying for a provisional liquidator, include the written consent of the registered liquidator in Form 8 (Rule 6.1(1)-(2)) and, if appointed, lodge an office copy with ASIC and serve as required the day after the order (Rule 6.2(2)).
Liquidators must file certificates and lists of contributories within 14 days of settling them (Rule 7.4), and report defaults under s 475, providing requisite forms and instructions (Rule 7.3(1)-(3)).
Remuneration and objections
Serve a Form 16 notice of intention to apply for remuneration at least 21 days before filing the determination application (Rules 9.1(2), 9.2(2), 9.3(3), 9.5(3)). Ensure affidavits include the matter required by the relevant section of the Insolvency Practice Schedule (Rule 9.2(6)(a) and Rule 9.3(8)).
Track the 21‑day objection window. If objections are received, prepare to serve the originating/interlocutory process on each objector (Rules 9.1(5), 9.2(5), 9.3(6), 9.5(6)).
Examinations and summonses
File an application for an examination summons with supporting affidavit and a draft Form 17 summons in a sealed envelope marked as required (Rule 11.3(3)-(4)). Serve the issued summons personally at least 8 days before the date fixed for examination (Rule 11.4).
If served, a person has 3 days to apply to discharge the summons by filing an interlocutory process and affidavit and serving copies on the applicant and, unless the applicant is ASIC or authorised by ASIC, on ASIC (Rule 11.5).
Associate Judge and registrar considerations
Check Schedule 2, 2AA and 2A to determine whether the matter can be dealt with by an Associate Judge or judicial registrar (Rule 16.1, Rule 16B.2). If so, file in the first instance before the appropriate officer and ensure compliance with Part 3 of Order 16 if the matter is a winding‑up application (Rules 16.7-16.10). File supporting documents at least 7 days before hearing for these applications (Rule 16.10).
Cross‑Border insolvency practice
For Model Law recognition file Form 2 originations with article 15 statements and relevant affidavits (Rule 15A.3(1)-(3)), file an interlocutory process seeking directions as to service, and comply with the notice and publication obligations set out in Rules 15A.6-15A.7. If seeking to entrust asset distribution to a local person, ensure that person is a registered liquidator who has filed Form 19 consent to act (Rule 15A.5).
Costs and taxation
If claiming winding‑up application costs under Rule 17.7, serve the bill and supporting receipts on the liquidator; be aware the short form claim, if used, precludes later taxed costs claims for the same application (Rule 17.7(6)).
General compliance tips
Use the exact Form wording when the Rule mandates a particular form (e.g. Form 7, Form 8, Form 16, Form 17, Form 17A).
Track all statutory and rule timing windows and record dates of service, publication and ASIC searches to meet the strict periods the Rules prescribe.
Where the Rules say "unless the Court otherwise orders", obtain orders in writing to avoid procedural uncertainty.
If in doubt about jurisdiction of an Associate Judge or registrar, note the referral mechanisms (Rule 16.2-16.3; Rule 16B.3) and list the matter before the appropriate judicial officer as required.
Following these stepwise checks and aligning documents to the specified Rules and Forms will address the principal compliance obligations the Rules place on parties, office‑holders and their practitioners.
Schedule Sch 2APowers of the Court that may be exercised by a Judicial Registrar 145
Order 4—Process for seeking an inquiry or order in relation to controller, registered liquidator or external administration 25
4.1 Inquiry into conduct of controller (s. 423 of the Corporations Act) 25
4.2 Order or inquiry in relation to a registered liquidator or external administration of a company 25
Order 5—Winding up proceedings (including oppression proceedings where winding up is sought) 27
5.1 Application of Order 5 27
5.2 Affidavit accompanying statutory demand (s. 459E(3) of the Corporations Act)—Form 7 27
5.3 Application for leave to apply for winding up in insolvency (s. 459P(2) of the Corporations Act) 27
5.4 Affidavit in support of application for winding up (ss 459P, 462, 464 of the Corporations Act) 28
5.5 Consent of liquidator (s. 532(9) of the Corporations Act)—Form 8 29
5.6 Notice of application for winding up 30
5.7 Applicant to make copies of documents available 30
5.8 Discontinuance of application for winding up 31
5.9 Appearance before Associate Judge or judicial registrar 31
5.10 Order substituting plaintiff in application for winding up (s. 465B of the Corporations Act)—Form 10 31
5.11 Notice of winding up order and appointment of liquidator 32
Order 6—Provisional liquidators (Part 5.4B of the Corporations Act) 34
6.1 Appointment of provisional liquidator (s. 472 of the Corporations Act)—Form 8 34
6.2 Notice of appointment of provisional liquidator 35
Order 7—Liquidators 37
7.2 Vacancy in office of liquidator (Corporations Act s. 473A and s. 499(3) and Insolvency Practice Schedule (Corporations) s 90-15) 37
7.3 Report to liquidator as to company's affairs (s. 475 of the Corporations Act) 37
7.4 Liquidator to file certificate and copy of settled list of contributories (s. 478 of the Corporations Act) 38
7.5 Release of liquidator and deregistration of company (ss 480(c) and (d) of the Corporations Act) 38
7.6 Objection to release of liquidator—Form 13 41
7.7 Report on accounts of liquidator (s. 481 of the Corporations Act) 42
7.8 Application for payment of call (s. 483(3)(b) of the Corporations Act)—Form 14 43
7.9 Distribution of surplus by liquidator with special leave of the Court (s. 488(2) of the Corporations Act)—Form 15 43
7.10 Powers delegated to liquidator by the Court (s. 488 of the Corporations Act) 43
7.11 Appointment of reviewing liquidator (Insolvency Practice Schedule (Corporations) s. 90-23(8)) 44
Order 8—Special managers (Part 5.4B of the Corporations Act) 45
8.1 Application for appointment of special manager (s. 484 of the Corporations Act) 45
8.2 Security given by special manager (s. 484 of the Corporations Act) 45
8.3 Special manager's receipts and payments (s. 484 of the Corporations Act) 46
Order 9—Remuneration of office-holders 47
9.1 Remuneration of receiver (s. 425(1) of the Corporations Act)—Form 16 47
9.2 Determination of remuneration of external administrator (Insolvency Practice Schedule (Corporations) s. 60-10(1)(c) and (2)(b))—Form 16 49
9.2A Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s. 60-11(1) 52
9.3 Remuneration of provisional liquidator (Insolvency Practice Schedule (Corporations) s. 60-16)—Form 16 55
9.5 Remuneration of special manager (s. 484(2) of the Corporations Act)—Form 16 58
Order 10—Winding up generally 61
10.1 Determination of value of debts or claims (s. 554A(2) of the Corporations Act) 61
10.2 Disclaimer of contract (s. 568(1A) of the Corporations Act) 61
10.3 Winding up Part 5.7 bodies (ss 583, 585 of the Corporations Act) and registered schemes (s. 601ND of the Corporations Act) 62
Order 11—Inquiries, examinations, investigations and orders against person concerned with corporation 63
11.1 Definition for Order 11 63
11.2 Inquiries, examinations and investigations under section 411(9)(b) or 423(3) of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) 63
11.3 Application for examination summons (ss 596A, 596B of the Corporations Act)—Form 17 65
11.4 Service of examination summons 66
11.5 Discharge of examination summons 66
11.6 Filing of record of examination (s. 597(13) of the Corporations Act) 67
11.7 Authentication of transcript of examination (s. 597(14) of the Corporations Act) 67
11.8 Inspection of record or transcript of examination or investigation under ss 411 or 423 of the Corporations Act or Subdivision B of Division 90 of the Insolvency Practice Schedule (Corporations) 67
11.9 Entitlement to record or transcript of examination held in public 68
11.10 Default in relation to examination 68
11.11 Service of application for order in relation to breaches etc. by person concerned with corporation (s. 598 of the Corporations Act) 69
Order 11A—Warrants (Corporations Act section 486B and Part 5.4B, Division 3, Subdivision B) 71
11A.01 Arrest of person (Corporations Act s. 486B)—Form 17A 71
Order 12—Takeovers, acquisition of shares etc. (Chapters 6 to 6D of the Corporations Act) and securities (Chapter 7 of the Corporations Act) 72
12.1 Service on ASIC in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act 72
12.1A Reference to Court of question of law arising in a proceeding before Takeovers Panel (s. 659A of the Corporations Act) 72
12.1B Notification to Court where proceeding is commenced before end of takeover bid period (s. 659B of the Corporations Act) 72
12.2 Application for summons for appearance of person (s. 1071D(4) of the Corporations Act)—Form 18 73
12.3 Application for orders relating to refusal to register transfer or transmission of securities etc. (s. 1071F of the Corporations Act) 73
Order 13 75
Order 14—Appeals authorised by the Corporations Act 76
14.1 Appeals against acts, omissions or decisions 76
Order 15—Proceedings under the ASIC Act 78
15.1 Reference to Court of question of law arising at hearing of ASIC (s. 61 of the ASIC Act) 78
15.3 Application for inquiry (ss 70, 201, 219 of the ASIC Act) 78
Order 15A—Proceedings under the Cross-Border Insolvency Act 79
15A.1 Application of this Order and other rules of the Court 79
15A.2 Expressions used in the Cross-Border Insolvency Act 79
15A.3 Application for recognition 80
15A.4 Application for provisional relief under article 19 of the Model Law 81
15A.5 Registered liquidator's consent to act 81
15A.6 Notice of filing of application for recognition 82
15A.7 Notice of order for recognition, discontinuance etc. 82
15A.8 Relief after recognition 84
15A.9 Application to modify or terminate an order for recognition or other relief 84
Order 16—Powers of Associate Judges 86
Part 1—General 86
16.1 Powers of Associate Judges 86
16.2 Reference by Associate Judge 86
16.3 Matters within Associate Judge's jurisdiction not to be brought before Judge of the Court except in certain cases 87
16.4 Associate Judge not to hear complaint for offence 87
16.5 Appeals 87
Part 2—Meetings 88
16.6 Inquiry and order by Associate Judge as to meetings 88
Part 3—Winding up 89
16.7 Application of Part 89
16.8 Application to Associate Judge or judicial registrar 89
16.9 Consideration by Associate Judge or judicial registrar 89
16.10 Filing of documents 91
Order 16A—Proceedings under the Federal Courts (State Jurisdiction) Act 1999 92
16A.1 Form for initiating proceeding 92
Order 16B—Powers of Judicial Registrars 93
16B.1 Powers of Associate Judges not limited by powers of judicial registrars 93
16B.2 Powers of judicial registrars 93
16B.3 Matters within judicial registrars' jurisdiction not to be brought before Judge of the Court except in certain cases 93
16B.4 Judicial registrar may constitute Court 94
16B.5 Judicial registrar not to hear complaint for offence 94
16B.6 Appeal of decision of judicial registrar 94
Order 17—Costs 95
17.1 Submission of bill of costs to liquidator 95
17.2 Request for bill for taxation—Form 18A 95
17.3 Lodgement of bill for taxation and appointment to tax 95
17.4 Liquidator's certificate as to special terms of remuneration 96
17.5 No allowance for performance by others of liquidator's or special manager's duties 96
17.6 Application for costs after proceeding concluded 96
17.7 Costs of winding up application—short form bills 97
Schedules 99
Schedule 1—Forms 99
Schedule 2—Powers of the Court that may be exercised by an Associate Judge 133
Schedule 2AA—Insolvency Practice Schedule (Corporations) 141
Schedule 2A—Powers of the Court that may be exercised by a Judicial Registrar 145
Schedule 3—Notes to these Rules 148
═══════════════
Endnotes 152
1 General information 152
2 Table of Amendments 154
3 Amendments Not in Operation 155
4 Explanatory details 156
Version No.011
Supreme Court (Corporations) Rules 2013
S.R. No. 112/2013
Version incorporating amendments as at
2 July 2018
The Judges of the Supreme Court make the following Rules:
Order 1—Preliminary
1.1 Title and objects
(1) These Rules constitute Chapter V of the Rules of the Supreme Court and are entitled the Supreme Court (Corporations) Rules 2013.
(2) The object of these Rules is to provide for rules in relation to Corporations matters in harmony with like rules in all other States and Territories.
1.2 Authorising provisions, commencement and revocation
(1) 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.
(2) These Rules come into operation on 24 September 2013.
(3) The following Rules are revoked—
(a) the Supreme Court (Corporations) Rules 2003[1];
(b) the Supreme Court (Chapter V Amendment No. 1) Rules 2005[2];
(c) the Supreme Court (Chapter V Amendment No. 2) Rules 2006[3];
(d) the Supreme Court (Chapter V Amendment No. 3) Rules 2007[4];
(e) the Supreme Court (Chapter V Amendment No. 4) Rules 2007[5];
(f) the Supreme Court (Chapter V Amendment No. 5) Rules 2008[6];
(g) the Supreme Court (Chapter V Amendment No. 6) Rules 2009[7];
(h) the Supreme Court (Chapter V Amendment No. 7) Rules 2010[8].
1.3 Application of these Rules and other rules of the Court
(1) Unless the Court otherwise orders—
(a) these Rules apply to a proceeding in the Court under the Corporations Act or the ASIC Act; and
(b) Order 15A applies to a proceeding in the Court under the Cross-Border Insolvency Act.
(2) The other Rules of the Court apply, so far as they are relevant and not inconsistent with these Rules—
(a) to a proceeding in the Court under the Corporations Act or the ASIC Act; and
(b) to a proceeding in the Court under the Cross-Border Insolvency Act that is commenced on or after the commencement of the Supreme Court (Chapter V Amendment No. 6) Rules 2009.
(3) Unless the Court otherwise orders, the Supreme Court (Corporations Law) Rules 1999 continue to apply to a proceeding under the Corporations Law or the ASIC Law.
Note
By virtue of the definition of this Act in section 9 of the Corporations Act, a reference to the Corporations Act includes a reference to the Corporations Regulations.
Rule 1.4 amended by S.R. No. 56/2018 rule 5(2) (ILA s. 39(B)(2)).
1.4 Expressions used in the Corporations Act
(1) Unless the contrary intention appears, an expression used in these Rules and in the Corporations Act has the same meaning in these Rules as it has in the Corporations Act.
Note to Rule 1.4(1) amended by S.R. No. 56/2018 rule 5(1).
Note
Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include—
ABN—see section 9;
ACN—see section 9;
ARBN—see section 9;
ASIC—see section 9;
body—see section 9;
body corporate—see section 9;
books—see section 9;
company—see section 9;
corporation—see section 57A;
daily newspaper—see section 9;
foreign company—see section 9;
Gazette notice—see section 9;
officer—see section 9;
Part 5.1 body—see section 9;
Part 5.7 body—see section 9;
register—see section 9;
registered liquidator—see section 9;
registered office—see section 9;
statutory demand—see section 9.
Rule 1.4(2) inserted by S.R. No. 56/2018 rule 5(2).
(2) Unless the contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule.
Note
Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule.
1.5 Definitions for these Rules
In these Rules, unless the contrary intention appears—
applicant means a person claiming interlocutory relief in a proceeding;
ASIC Act means the Australian Securities and Investments Commission Act 2001 of the Commonwealth;
Corporations Act means the Corporations Act 2001 of the Commonwealth;
Rule 1.5 def. of Corporations List Judge inserted by S.R. No. 48/2014 rule 23(1).
Corporations List Judge means a Judge of the Court nominated by the Chief Justice as a Corporations List Judge;
Corporations Regulations means the Corporations Regulations 2001 of the Commonwealth;
Cross-Border Insolvency Act means the Cross-Border Insolvency Act 2008 of the Commonwealth, including, unless the contrary intention appears, the Model Law;
defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross-Border Insolvency Act, whether in the originating process or not;
Rule 1.5 def. of Insolvency Practice Schedule (Corpor-ations) inserted by S.R. No. 56/2018 rule 6.
Insolvency Practice Schedule (Corporations) means Schedule 2 to the Corporations Act;
interlocutory process means an interlocutory process in accordance with Form 3;
***Model L
This is an opening excerpt, not the complete document.