Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p1
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 1/34)
Character Range: 26052–28725

12    section 90‑20 of the Insolvency Practice Schedule (Corporations)        For an order under section 90‑15 of the Insolvency Practice Schedule (Corporations) in relation to the external administration of a company

2.9  Notice of appearance (Corporations Act s 465C)—Form 4
 (1) A person who intends to appear before the Court at the hearing of an application must, before appearing:
 (a) file:
 (i) a notice of appearance in accordance with Form 4; and
 (ii) if appropriate—an affidavit stating any facts on which the person intends to rely; and
 (b) serve on the plaintiff a copy of the notice of appearance and any affidavit not later than:
 (i) if the person is named in an originating process—3 days before the date fixed for hearing; or
 (ii) if the person is named in an interlocutory process—1 day before the date fixed for hearing.
 (2) If the person intends to appear before the Court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Corporations Act.
 (3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subparagraph (1)(b)(i).
Note: Under section 465C of the Corporations Act, a person may not, without the leave of the Court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice.

2.10  Intervention in proceeding by ASIC (Corporations Act s 1330)—Form 5
 (1) If ASIC intends to intervene in a proceeding, ASIC must file a notice of intervention in accordance with Form 5.
 (2) Not later than 3 days before the date fixed for the hearing at which ASIC intends to appear in the proceeding, ASIC must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding.

2.12  Proof of publication
 (1) This rule applies in relation to any matter published in connection with a proceeding.
 (2) Unless these Rules otherwise provide, or the Court otherwise orders, the person responsible for the publication of the matter, or the person's legal practitioner, must file:
 (a) an affidavit made by the person, or the person's legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or
 (b) a memorandum signed by the person, or the person's