Document ID: chunk:federal_register_of_legislation:F2024C00490:front:0:p8
Version: federal_register_of_legislation:F2024C00490
Segment Type: other
Provision Reference: 
Character Range: 18596–21297

required or permitted by the Corporations Act to be made to the Court:
 (a) if the application is not made in a proceeding already commenced in the Court—by filing an originating process; and
 (b) in any other case, and whether interlocutory relief or final relief is claimed—by filing an interlocutory process.
 (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding.
 (3) An originating process must:
 (a) be in accordance with Form 2; and
 (b) state:
 (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and
 (ii) the relief sought.
 (4) An interlocutory process must:
 (a) be in accordance with Form 3; and
 (b) state:
 (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and
 (ii) the relief sought.
Note: In an application for winding up in insolvency on the ground that the company has failed to comply with a statutory demand, the applicant should consider completing Part C of Form 2 as shown in Schedule 3 (Notes to these Rules).

2.3  Fixing of hearing
  On receiving an originating process or interlocutory process, the Registrar:
 (a) must fix a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and
 (b) may seal a sufficient number of copies for service and proof of service.

2.4  Supporting affidavits
 (1) Unless the Court otherwise directs, an originating process, or interlocutory process, must be supported by an affidavit stating the facts in support of the process.
 (2) Subject to rule 2.4A, an affidavit in support of an originating process must annex a record of a search of the records maintained by ASIC, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed.
Note: An example of the affidavit in support of an application for winding up in insolvency for failure to comply with a statutory demand is shown in Schedule 3 (Notes to these Rules).

2.4A  Application for order setting aside statutory demand (Corporations Act s 459G)
 (1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company.
 (2) The plaintiff may file with the originating process