Federal Court of Australia

Federal Court of Australia Practice News No. 19, April 2007

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

The Federal Court (Corporations) Amendment Rules 2007 (No 1) will be registered on the Federal Register of Legislative Instruments on 2 April 2007. The Amendment Rules commence on 3 April 2007 (being the day after registration).

A copy of the Amendment Rules will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au/.

The Amendment Rules make the following amendments to the Federal Court (Corporations) Rules 2001:

amend rules 2.2 and 2.7 and form 3 to remove the reference to ‘interlocutory application’ – this change is consequential upon amendments made in 2005 which allow an interlocutory process to be used for claims of final relief or interlocutory relief in an existing proceeding;
amend rule 2.4A so that in applications to set aside a statutory demand the search of the records of ASIC must be carried out no later than the day before the hearing of the application;
amend rule 7.10 to replace the reference to ‘Law’ with a reference to ‘Act’;
insert a new rule 12.1B to deal with notification to the Court where a proceeding falling within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in s659B(4) of the Corporations Act is commenced before the end of period of a takeover bid.

The Amendment Rules give effect to the recommendations of the Council of Chief Justices’ Harmonised Corporations Rules Monitoring Committee

If you have any queries please contact (02) 9230 8336.

Philip Kellow
Deputy Registrar
30 March 2007

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