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SLI 2007 No. 81 Rules/Court & Tribunal Rules as made
These Rules amend the Federal Court (Corporations) Rules 2000 by changing rules 2.2, 2.4A, 2.7 and 7.10, inserting new rule 12.1B and substituting Form 3 in Schedule 1.
Administered by: Attorney-General's
Registered 02 Apr 2007
Tabling HistoryDate
Tabled HR08-May-2007
Tabled Senate09-May-2007
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Federal Court (Corporations) Amendment Rules 2007 (No. 1)1

Select Legislative Instrument 2007 No. 81

We, Judges of the Federal Court of Australia, make the following Rules of Court under the Federal Court of Australia Act 1976.

Dated 28 March 2007

 

M.E.J. BLACK CJ

J.E.J. SPENDER J

P.R.A. GRAY J

D.M. RYAN J

R.S. FRENCH J

T.J. HIGGINS J

P.C. HEEREY J

M.F. MOORE J

C.M. BRANSON J

K.E. LINDGREN J

B.J.M. TAMBERLIN J

R. SACKVILLE J

S.M. KIEFEL J

R.D. NICHOLSON J

P.D. FINN J

S.R. MARSHALL J

A.M. NORTH J

R.N. MADGWICK J

J.R. MANSFIELD J

A.H. GOLDBERG J

A.R. EMMETT J

R.A. FINKELSTEIN J

M.S. WEINBERG J

J.A. DOWSETT J

S.C. KENNY J

R.V. GYLES J

R.A. CONTI J

M.A. STONE J

J.L.B. ALLSOP J

P.M. JACOBSON J

A.C. BENNETT J

B.T. LANDER J

A.N. SIOPIS J

R.F. EDMONDS J

P.R. GRAHAM J

A.P. GREENWOOD J

S.D. RARES J

B. COLLIER J

D.A. COWDROY J

A.J. BESANKO J

C.N. JESSUP J

R.R.S. TRACEY J

J.E. MIDDLETON J

R.J. BUCHANAN J

J. GILMOUR J

 

Judges of the Federal

Court of Australia

W.G. SODEN
Registrar


1              Name of Rules

                These Rules are the Federal Court (Corporations) Amendment Rules 2007 (No. 1).

2              Commencement

                These Rules commence on the day after they are registered.

3              Amendment of Federal Court (Corporations) Rules 2000

                Schedule 1 amends the Federal Court (Corporations) Rules 2000.


Schedule 1        Amendments

(rule 3)

  

[1]           Subparagraph 2.2 (4) (b) (i)

omit

interlocutory

[2]           Paragraph 2.4A (3) (a)

omit

no later than the hearing of the application,

insert

no later than the day before the hearing of the application,

[3]           Paragraphs 2.7 (2) (a) and (b)

omit each mention of

interlocutory application

insert

application in the interlocutory process

[4]           Rule 7.10

omit

Law

insert

Act

[5]           After rule 12.1A

insert

12.1B     Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B)

         (1)   This rule applies to a party to a proceeding who suspects or becomes aware that:

                (a)    the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and

               (b)    the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B (4) of the Corporations Act.

         (2)   The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the proceeding and the Court of that suspicion or knowledge.

         (3)   The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party.

[6]           Schedule 1, Form 3

substitute

Form 3        Interlocutory process

(rule 2.2)

[Title]

A.         DETAILS OF APPLICATION

This application is made under *section/*regulation [number] of the *Corporations Act/*ASIC Act/*Corporations Regulations.

On the facts stated in the supporting affidavit(s), the applicant, [name], applies for the following relief:

1

2

etc

AND

Date:

. . . . . . . . . . . . . . . . . . . . .

Signature of applicant making this application or
applicant’s legal practitioner

This application will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . at [address of Court] at . . . . . . . . *am/*pm on . . . . . . . ..

B.         NOTICE TO RESPONDENT(S) (IF ANY)

TO: [name and address of each respondent to this interlocutory process (if any). If applicable, also state the respondent’s address for service.]

If you or your legal practitioner do not appear before the Court at the time shown above, the application may be dealt with, and an order made, in your absence.

Before appearing before the Court, you must, except if you have already done so or you are the plaintiff in this proceeding, file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff in the originating process.

Note   Unless the Court otherwise orders, a respondent that is a corporation must be represented at a hearing by a legal practitioner. It may be represented at a hearing by a director of the corporation only if the Court grants leave.

C.        FILING

This interlocutory process is filed by [name] for the applicant.

D.        SERVICE

The applicant’s address for service is [address of applicant’s legal practitioner or of applicant].

*It is not intended to serve a copy of this interlocutory process on any person.

OR

*It is intended to serve a copy of this interlocutory process on each respondent and on any person listed below:

[name of respondent and any other person on whom a copy of the interlocutory process is to be served]

[Complete the following section if the time for service has been abridged]

The time by which a copy of this interlocutory process is to be served has been abridged by order made by [name of Judge or other Court officer] on [date] to [time and date].

*   Omit if not applicable


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.