Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1993) - SCHEDULE 2

    SCHEDULE 2     Rule 67

    AMENDMENTS OF SCHEDULE 13

Heading—

Omit—

“ POWERS AND FUNCTIONS OF THE COURT THAT MAY BE EXERCISED
BY THE REGISTRAR”,

substitute—

“ POWERS AND FUNCTIONS OF THE COURT THAT MAY BE EXERCISED
BY THE REGISTRAR AND THE MASTER
PART I”.

Insertion—

After item 21 insert the following item:

“21A

section 243ZD

19A

Order sanctioning non-compliance with Part 3.2A”.

Insertion—

After item 28 insert the following item:

“28A

section 418A

27A

Declaration as to validity of controller's appointment”.

Insertion—

After item 29 insert the following items:

“29A	section 419A	28A	Relief of controller from liability
29B	section 420B	28B	Power to authorise managing controller to dispose of property despite prior charge
29C	section 420C	28C	Power to authorise receiver to carry on corporation's business during the winding up”.

Items 30, 31 and 32—

Omit the items, substitute the following items:

“30	section 423	29	Inquiry as to conduct of controller
31	section 424	30	Controller's application to the court for directions
32	section 425	30A	Power to fix amount of remuneration of a controller”.

Item 34—

Omit the item, substitute the following item:

“34

section 434A

30C

Removal of redundant controller”.

Item 38—

Omit the item, substitute the following items:

“37A	section 438D		Power to direct administrator to lodge a report
37B	section 440B	34A	Power to grant leave to enforce a charge if an administrator has been appointed
37C	section 440C	34A	Power to grant leave to take possession of property
37D	section 440D	34A	Power to grant leave to begin or proceed with a proceeding in a court against a company which is in administration, or in relation to any of its property
37E	section 440F	34A	Power to grant leave to begin or proceed with enforcement process in relation to the property of a company
37F	subsection 440G (2)	34A	Power to authorise a court officer to take action or to make a payment which would be prohibited
37G	section 440J	34A	Power to grant leave to take enforcement action under a guarantee
37H	section 441D	34A	Power to limit powers of chargee in relation to charged property
37I	section 441H	34A	Power to limit powers of receiver etc. in relation to property used by company
37J	section 442C	34A	Power to grant leave to dispose of property of a company under administration which is subject to a charge, or property that is used or occupied by, or is in the possession of, a company under administration but of which someone else is the owner or lessor
37K	section 443B	34A	Power to grant relief of administrator from personal liability for rent
37L	subsection 444B (2)	34A	Power to extend time for execution of deed of company arrangement
37M	section 444C	34A	Power to grant leave to act inconsistently with deed of company arrangement
37N	section 444E	34A	Power to grant leave to person bound by a deed of company arrangement to begin or proceed with a proceeding against the company or in relation to any of its property; or to begin or proceed with enforcement process in relation to the property of the company
37O	section 444F	34B	Power to order secured creditor or owner or lessor of property not to take certain actions
37P	section 445B	34A	Power to make an order cancelling a variation of a deed of company arrangement
37Q	section 445D	34A	Power to make orders as to the operation of Part 3.2A in respect of a particular company
37R	section 445G	34C	Power to avoid or validate a deed of company arrangement
37S	section 447A	34A	Power to make an order to bring an administration to an end
37T	section 447B	34A	Power to make order to protect interests of company's creditors during an administration
37U	section 447C	34A	Power to declare whether administrator is validly appointed
37V	section 447D	34D	Power to give directions to an administrator
37W	section 447E	34E	Power to make orders as to supervision of administrator of company or deed of company arrangement
37X	section 449B	34F	Power to make orders as to removal of administrator
37Y	sections 449C and 449D	34G	Power to make orders in respect of vacancy in office of administrator of company or in office of administrator of deed of company arrangement
37Z	section 449E	34A	Power to determine or review the remuneration of an administrator
38	sections 459P, 459R, 461, 462, 464 and 465B, subsections 467 (1) and (3) and section 467A	35 to 42 (inclusive)	Winding up applications”.

Item 41—

Omit the item.

Item 50—

Omit the item.

Items 53 and 54—

Omit the items, substitute the following items:

“53	subsection 483 (1)	60	Court's power to require payment of money or transfer of property
54	section 483	63	Court's power to make order for payment of call
54A	subsection 488 (2)	64A	Power to grant leave to distribute a surplus”.

Item 68—

Omit the item.

Item 82—

Omit the item.

Item 86—

Omit the item, substitute the following items:

“85A	section 554A	76A	Appeals against determination of value of debts and claims of uncertain value in liquidation
85B	section 554G	76B	Power to grant leave to secured creditor to amend valuation of security in proof of debt
86	sections 568 to 568F (inclusive)	77 to 77C (inclusive)	Power to make orders in relation to disclaimer of onerous property”.

Insertion—

After item 88 insert the following item:

“88A

Sections 600A to 600D (inclusive)

Powers of Court in relation to creditor's resolutions”.

Item 90—

Omit the item, substitute the following item:

“90

sections 596A, 596B and 597

81, 81A and 82

Powers of Court in relation to examinations”.

Addition—

Add at the end the following Parts:

PART 2

Column 1 Item No.	Column 2 Provision of the Corporations Law	Column 3 Number of rule in Order 75B	Column 4 Description (For information only)
107		Schedule 13A, rules 36, 37 and 41	Winding up applications

PART 3

Column 1 Item No.	Column 2 Provision of the ASC Law	Column 3 Number of rule in Order 75B	Column 4 Description (For information only)
1	subsection 79 (4)		Power to extend period to give notice of intention to have statements made at examination admitted