Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p27
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 27/34)
Character Range: 90900–93678

proceeding and the Court of that suspicion or knowledge.
 (3) The party must comply with subrule (2), unless any other party to the proceeding has given a notice under this rule to the party.

12.2  Application for summons for appearance of person (Corporations Act s 1071D(4))—Form 18
 (1) An application for the issue of a summons under subsection 1071D(4) of the Corporations Act must be made by filing an originating process or an interlocutory process.
 (2) The application may be made ex parte.
 (3) The originating process, or interlocutory process, seeking the issue of the summons must be:
 (a) supported by an affidavit stating the facts in support of the process; and
 (b) accompanied by a draft summons.
 (4) Unless the Court otherwise orders, a summons issued under this rule is to be in accordance with Form 18.

12.3  Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act s 1071F)
  As soon as practicable after filing an originating process under section 1071F of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on:
 (a) the company; and
 (b) any person against whom an order is sought.

Division 14—Appeals authorised by the Corporations Act

14.1  Appeals against acts, omissions or decisions
 (1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating:
 (a) the act, omission or decision complained of; and
 (b) in the case of an appeal against a decision—whether the whole or part only and, if part only, which part of the decision is complained of; and
 (c) the grounds on which the complaint is based.
 (2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within:
 (a) 21 days after the date of the act, omission or decision appealed against; or
 (b) any further time allowed by the Court.
 (3) The Court may extend the time for filing the originating process, or interlocutory process, either before or after the time for filing expires and whether or not the application for extension is made before the time expires.
 (4) As soon as practicable after filing the originating process, or interlocutory process, and, in any case, at least 5 days before the date fixed for hearing, the person instituting the appeal must serve a copy of the originating process, or interlocutory process, and any supporting affidavit, on each person directly affected by the appeal.
 (5) As soon as practicable after being served with a copy of the originating process, or interlocutory process, and any supporting affidavit, a person whose act, omission or decision is being