Date:

11/17/2003

Supreme Court Rules (Amendment No 383) 2003

under the
Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 17 November 2003.


Steven Jupp
Secretary of the Rule Committee

Explanatory note
The object of these Rules is to amend the Supreme Court Rules 1970 to confer additional
powers on Masters of the Court.


1 Name of Rules
These Rules are the Supreme Court Rules (Amendment No 383)
2003.
2 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in
Schedule 1.

Schedule 1 Amendments
(Rule 2)
[1] Part 60 rule 17
Omit “and 17A” from rule 17 (a).
Insert instead “, 17A, 24, 25, 26, 27 and 28”.

[2] Part 60 rule 17 (a1)
Omit “paragraph 5”. Insert instead “paragraphs 5, 5A and 5B”.

[3] Schedule D
Omit the matter relating to 55 Vict No 12; Partnership Act 1892 from Part 1.

[4] Schedule D, Part 1
Omit the matter relating to the Corporations Law and the Corporations Regulations.

[5] Schedule D, Part 1
Insert at the end of Part 1:
Act No 50, 2001 (Commonwealth);
Corporations Act 2001—



Section 274	Rectification of register of company charges
Part 5.3A	Administration of company’s affairs with view to executing deed of
company arrangement
Part 5.4	Winding up
Section 461	Winding up	Where the application is not opposed.
Part 5.4B	Winding up	Except ss 472 (2), (3) and (6), 486A, 486B and 487.
Section 495 (4)	Members’ voluntary winding up: meeting
Section 500 Creditor’s voluntary winding up
Section 504 Voluntary winding up: remuneration of liquidator
Part 5.6	Winding up: companies	In a winding up by the court and except ss 532 (2), 536, 540 (1), 544 (2)
and 568.
Part 5.7	Winding up: bodies other than companies	Except in respect of ss 532 (2), 536, 540 (1), 544 (2) and 568.
Section 597	Examination of persons concerned with corporations
Section 1274	Directions to make good default in lodgement of documents
Section 1319	Directions, meetings ordered by the Court
Section 1321	Appeals from decisions of receivers, liquidators etc	Restricted to appeals in respect of decisions under section 430 (3) or 475 (8) of the Corporations Act 2001.

Section 1322	Irregularities, extension of time etc	Restricted to orders or declarations in or for the purposes of proceedings for other relief under the Corporations Act 2001 which the Master may grant.
Section 1324	Injunctions	Restricted to orders where it is alleged that there has been an inappropriate reduction of capital or share buy back.
Section 1335	Security for costs etc

Corporations Regulations
2001 (Commonwealth)—

Part 5.6 Winding up


[6] Schedule D, Part 3 Omit paragraph 5. Insert instead:

5 An appeal from, or an application for prerogative or
declaratory relief relating to, the Consumer, Trader and
Tenancy Tribunal.
5A Proceedings referred to a master by a Judge where those
proceedings are an appeal from, or an application for
prerogative or declaratory relief relating to, the
Administrative Decisions Tribunal.
5B An appeal from a Local Court in any civil matter.

[7] Schedule D, Part 3
Omit paragraphs 20 and 21.

[8] Schedule D, Part 3
Insert at the end of Part 3:
24 Trial (except with a jury) of any proceedings arising out of or
under the Partnership Act 1892 or any question arising in
proceedings where the plaintiff alleges the plaintiff and any
defendant were partners and that the partnership has
terminated.
25 Trial (except with a jury) of proceedings for any of the
following matters:
(a) the foreclosure or redemption of a mortgage or the
enforcing of any charge or lien,
(b) the specific performance, rectification, delivery up or
cancellation of any agreement for the sale or purchase
of any property or the lease of any property,
(c) relief against fraud or mistake,
(d) the execution of a trust or a declaration that a trust
subsists,
(e) the administration of the estate of a deceased person,
(f) any equitable claim or demand for recovery of money
or damages, whether liquidated or unliquidated (not
being a claim or demand of a kind to which paragraph
(a), (b), (c), (d) or (e) applies).
26 Trial (except with a jury) of any proceedings in the Equity
Division in which all the parties are related to each other by
blood or marriage (other than adoption proceedings or matters
arising in the Court’s parens patriae jurisdiction).
27 Trial (except with a jury) of any proceedings arising out of or
under the Frustrated Contracts Act 1978, the Contracts
Review Act 1980 or the Fair Trading Act 1987.
28 In proceedings in which a master has jurisdiction to determine
a matter under these rules, any inherent jurisdiction of the
Court to decide any associated or appendant matter in issue in
the proceedings.
29 Any jurisdiction of the Court that is exercisable by a registrar
of the Court.