Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p29
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 29/34)
Character Range: 95933–98713

proceeding taking place in the State where the debtor has the centre of its main interests.
 foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of the present article.
 foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation.
 foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor's assets or affairs or to act as a representative of the foreign proceeding.
 (2) This Division is to be interpreted in a manner that gives effect to the Cross‑Border Insolvency Act.

15A.3  Application for recognition
 (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an originating process in accordance with Form 2.
 (2) The originating process must:
 (a) be accompanied by the statements referred to in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and
 (b) name the foreign representative as the plaintiff and the debtor as the defendant; and
 (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act.
 (3) When filing the originating process, the foreign representative must file, but need not serve, an interlocutory process seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just.
 (4) The plaintiff must serve a copy of the originating process and the other documents mentioned in subrule (2):
 (a) unless the Court otherwise orders, in accordance with subrule 2.7(1); and
 (b) on any other persons the Court may direct at the hearing of the interlocutory process.
 (5) A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9.

15A.4  Application for provisional relief under article 19 of the Model Law
 (1) Any application by the plaintiff for provisional relief under article 19 of the Model Law must be made by filing an interlocutory process in accordance with Form 3.
 (2) Unless the Court otherwise orders, the interlocutory process and any supporting affidavit must be served in accordance with