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SUPREME COURT (CORPORATIONS) RULES 2013 - NOTES

Version No. 011

S.R. No. 112/2013
Version incorporating amendments as at
2 July 2018

Rule Page

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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:

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Supreme Court (Corporations) Rules 2013, S.R. No. 112/2013 were made on 29 August 2013 by the Judges of the Supreme Court under section 25 of the Supreme Court Act 1986, No. 110/1986 and section 23 of the Corporations (Ancillary Provisions) Act 2001, No. 43/2001 and came into operation on 24 September 2013: rule 1.2(2).

The Supreme Court (Corporations) Rules 2013 will sunset 10 years after the day of making on 29 August 2023 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Supreme Court (Corporations) Rules 2013 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Supreme Court (RedCrest Electronic Case Management System Amendment) Rules 2014, S.R. No. 48/2014

Date of Making:

29.5.14

Date of Commencement:

Rules 2329 on 1.7.14: rule 3

Supreme Court (Judicial Registrars Amendment) Rules 2015, S.R. No. 10/2015

Date of Making:

26.2.15

Date of Commencement:

Rules 1422 on 1.3.15: rule 3

Supreme Court (Judicial Registrars Further Amendment) Rules 2015, S.R. No. 30/2015

Date of Making:

30.4.15

Date of Commencement:

Rule 7 on 4.5.15: rule 3

Supreme Court (Associate Judges Amendment) Rules 2015, S.R. No. 40/2015

Date of Making:

28.5.15

Date of Commencement:

Rule 13 on 1.7.15: rule 3

Supreme Court (Chapter V Publication of Notices Amendment) Rules 2016, S.R. No. 140/2016

Date of Making:

24.11.16

Date of Commencement:

1.1.17: rule 3

Supreme Court (E-Filing Amendments) Rules 2017, S.R. No. 15/2017

Date of Making:

30.3.17

Date of Commencement:

Rules 22, 23 on 18.4.17: rule 3

Supreme Court (Chapter V Insolvency and Further Powers of Judicial Registrars Amendment) Rules 2018, S.R. No. 56/2018

Date of Making:

17.5.18

Date of Commencement:

1.6.18: rule 3

Supreme Court (E-Filing and Other Amendments) Rules 2018, S.R. No. 58/2018

Date of Making:

17.5.18

Date of Commencement:

Rules 31–36 on 2.7.18: rule 3

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    3     Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

    4     Explanatory details


[1] Rule 1.2(3)(a): S.R. No. 107/2003. Reprint No. 1 as at 17 December 2008. Reprinted to S.R. No. 117/2008 and subsequently amended by S.R. Nos 43/2009, 44/2009, 97/2009, 83/2010 and 121/2012.

[2] Rule 1.2(3)(b): S.R. No. 47/2005.

[3] Rule 1.2(3)(c): S.R. No. 44/2006.

[4] Rule 1.2(3)(d): S.R. No. 44/2007.

[5] Rule 1.2(3)(e): S.R. No. 104/2007.

[6] Rule 1.2(3)(f): S.R. No. 117/2008.

[7] Rule 1.2(3)(g): S.R. No. 43/2009.

[8] Rule 1.2(3)(h): S.R. No. 83/2010.



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