Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p26
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 26/34)
Character Range: 88459–91137

may also be required to be served on ASIC—see rule 2.8.

Division 11A—Warrants (Corporations Act s 486B and Part 5.4B, Division 3, Subdivision B)

11A.01  Arrest of person (Corporations Act s 486B)—Form 17A
 (1) An application for the issue of a warrant under subsection 486B(1) of the Corporations Act for the arrest of a person must state the grounds for the issue of the warrant.
 (2) The application must be accompanied by an affidavit stating the facts in support of the application.
 (3) The warrant must be in accordance with Form 17A.
 (4) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.
Note: Sections 489A to 489E of the Corporations Act, inserted by the Corporations Amendment (Insolvency) Act 2007, apply in relation to a warrant issued on or after 31 December 2007—see Corporations Act s 1481(3).

Division 12—Takeovers, acquisitions of shares etc (Corporations Act Chapters 6 to 6D) and Securities (Corporations Act Chapter 7)

12.1  Service on ASIC in relation to proceedings under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act
  If ASIC is not a party to an application made under Chapter 6, 6A, 6B, 6C, 6D or 7 of the Corporations Act, the plaintiff must serve a copy of the originating process and the supporting affidavit on ASIC as soon as practicable after filing the originating process.

12.1A  Reference to Court of question of law arising in proceeding before Takeovers Panel (Corporations Act s 659A)
  Part 38 applies, with any necessary adaptations, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the Court under section 659A of the Corporations Act.

12.1B  Notification to Court where proceeding is commenced before end of takeover bid period (Corporations Act s 659B)
 (1) This rule applies to a party to a proceeding who suspects or becomes aware that:
 (a) the proceeding was commenced in relation to a takeover bid, or proposed takeover bid, before the end of the bid period; and
 (b) the proceeding falls within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Act.
 (2) The party identified in subrule (1) must, immediately on suspecting or becoming aware of the matters mentioned in subrule (1), notify any other party to the 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