Notices to practitioners issued
by the ACT District Registrar
Listing of Corporations matters in the ACT
Introduction
The Corporations
Act 2001 (Cth), the
Australian Securities and Investments Commission Act 2001
(Cth) ("the new Acts") and associated legislation
have been passed with a commencement date of 15 July 2001.
Under transitional
provisions in the legislation, the Federal Court
(Corporations) Rules 2000 apply to proceedings commenced
on or after that date in the Federal Court under the new
Acts.
On this basis, practitioners are informed
that, until further notice, the following practices will
be followed in the New South Wales District Registry of
the Court.
Return
date and hearings
Save for urgent applications, matters
arising udner the new Acts will be returnable before a
registrar on the last Thursday of each month at 9.30 am.
The registrar will deal with all appropriate
matters within the registrar's delegation. All other matters
will be referred to a judge for determination at a suitable
time.
Urgent
interlocutory applications
In cases of urgent interlocutory applications,
the ACT Registry of the Court may be contacted to ascertain
the availability of a judge to hear the application.
Bills of Costs in winding
up matters
Order 62 in the Federal Court Rules
applies in Federal Court matters including winding up
matters. It is the intention of the Court to provide rules
for a procedure for submission of a short form of bill
of costs and disbursements in a winding up application
as an alternative to taxation of a bill of under Order
62.
Affidavit of Debt
Among others, a "creditor"
may apply to the Court for a company to be wound up in
onsolvency. Under the "harmonised" rules governing
proceedings udner the new Acts (including the Federal
Court (Corporations) Rules 2000), there is no prescribed
form of affidavit supporting a winding up application.
Practitioners are reminded of the necessity of filing
affidavit evidence establishing that the plaintiff is
a creditor of the company, in cases where the plaintiff
relies on that status.
Margaret Quinn
A/g District Registrar
11 July 2001
