Division 1 – Preliminary

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Division 1 amended by:

Corporations Rules 2003 (South Australia) Amendment No. 2

Corporations Rules 2003 (South Australia) Amendment No. 3

Corporations Rules 2003 (South Australia) Amendment No. 5

1.1         Citation

              These Rules may be cited as the Corporations Rules 2003 (South Australia).

 

1.2         Commencement

              (1)  The Corporations Law Rules 2000 (South Australia) are repealed as from 31 March 2003.

              (2)  These Rules commence on 1 April 2003.

 

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, that is commenced on or after the commencement of these Rules; and

                     (b)  Division 15A applies to a proceeding in the Court under the Cross-Border Insolvency Act.

              (2)  The other rules of the Court apply, to the extent that they are relevant and not inconsistent with these Rules:

                     (a)  to a proceeding in the Court under the Corporations Act, or the ASIC Act, that is commenced on or after the commencement of these rules; and

                     (b)  to a proceeding in the Court under the Cross-Border Insolvency Act that is commenced on or after the commencement of Division 15A.

              (3)  Unless the Court otherwise orders, the rules applying to a proceeding in the Court under the Corporations Law, or the ASIC Law, as in force immediately before the commencement of these Rules, continue to apply to a proceeding under the Corporations Law, or the ASIC Law, that was commenced before the commencement of these Rules.

 

1.4         Expressions used in the Corporations Act

              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: Expressions used in these Rules (including the notes to these Rules) that are defined in the Corporations Act include:

ABN (short for Australian Business Number) — see section 9

              ACN (short for ‘Australian Company Number’) — see section 9

              ARBN (short for ‘Australian Registered Body Number’) — 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 country — see section 9

              futures broker — see section 9

              Gazette — see section 9

              officer, in relation to a body corporate — see section 82A

              official liquidator — 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.

 

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.

              Corporations Act means the Corporations Act 2001.

              Corporations Regulations means the Corporations Regulations 2001.

              Cross-Border Insolvency Act means the Cross-Border Insolvency Act 2008 (Cth) 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.

              interlocutory process means an interlocutory process in accordance with Form 3.

              Model Law means the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross-Border Insolvency Act, with the modifications set out in Part 2 of that Act.

              originating process means an originating process in accordance with Form 2.

              plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross-Border Insolvency Act, whether in the originating process or not.

              respondent means a person against whom interlocutory relief is claimed in a proceeding.

 

1.6         References to rules and forms

              In these Rules, unless the contrary intention appears:

              (a)  a reference to a rule is a reference to a rule in these Rules; and

              (b)  a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.

 

1.7         Substantial compliance with forms

              (1)  It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.

              (2)  Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules.

 

1.8         Court’s power to give directions

              The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that:

              (a)  the provisions of the Corporations Act, the ASIC Act, or the rules of this Court do not adequately provide for the practice and procedure to be followed in the proceeding; or

              (b)  a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in the proceeding.

 

1.9         Calculation of time

              (1)  If, for any purpose, these Rules:

                     (a)  prohibit, permit or require an act or thing to be done within, by, or before the end of; or

                     (b)  otherwise prescribe, allow or provide for;

                     a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event, as the case may be.

              (2)  Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted.

              (3)  If the last day of any period prescribed or allowed by these Rules for an act or thing to be done falls on a day that is not a business day in the place where the act or thing is to be or may be done, the act or thing may be done on the first business day in the place after that day.

              (4)  In calculating a period of time for the purposes of these Rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted.

 

1.10       Extension and abridgment of time

              Unless the Corporations Act, the ASIC Act, or these Rules otherwise provide, the Rules of this Court that provide for the extension or abridgment of a period of time fixed for the doing of any act or thing in relation to a proceeding apply to a proceeding to which these Rules apply.