Document ID: chunk:federal_register_of_legislation:F2024C00490:front:0:p6
Version: federal_register_of_legislation:F2024C00490
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Character Range: 13794–16629

contrary intention appears, an expression used in the Rules and in the Insolvency Practice Schedule (Corporations) has the same meaning in these Rules as it has in that Schedule.
Note: Definitions of expressions used in the Insolvency Practice Schedule (Corporations) are set out in Division 5 of that Schedule.

1.5  Definitions for these Rules
  In these Rules, unless the contrary intention appears:
applicant means a person claiming interlocutory relief in a proceeding.
ASIC Act means the Australian Securities and Investments Commission Act 2001.
Corporations Act means the Corporations Act 2001.
Corporations Regulations means the Corporations Regulations 2001.
Cross‑Border Insolvency Act means the Cross‑Border Insolvency Act 2008 including, unless the contrary intention appears, the Model Law.
defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not.
Insolvency Practice Schedule (Corporations) means Schedule 2 to the Corporations Act.
interlocutory process means an interlocutory process in accordance with Form 3.
Model Law means the Model Law on Cross‑Border Insolvency of the United Nations Commission on International Trade Law, the English text of which is set out in Schedule 1 to the Cross‑Border Insolvency Act, with the modifications set out in Part 2 of that Act.
originating process means an originating process in accordance with Form 2.
plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act, the ASIC Act or the Cross‑Border Insolvency Act, whether in the originating process or not.
respondent means a person against whom interlocutory relief is claimed in a proceeding.

1.6  References to rules and forms
  In these Rules, unless the contrary intention appears:
 (a) a reference to a rule is a reference to a rule in these Rules; and
 (b) a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.

1.7  Substantial compliance with forms
 (1) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.
 (2) Without limiting subrule (1), the Registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in these Rules.

1.8  Court's power to give directions
  The Court may give directions in relation to the practice and procedure to be followed in a proceeding if it is satisfied, in the circumstances of the proceeding, that:
 (a) the provisions of the Corporations Act, the