4. Section 536(1) For an inquiry into the conduct of a liquidator 5. Section 601AH(2) To reinstate the registration of a company 6. Section 601CC(8) To restore the name of an Australian body to the register 7. Section 601CL(9) To restore the name of a foreign company to the register 8. Chapter 6, 6A, 6B, 6C, 6D or 7 Any application under these Chapters 9. Sections 1317S(2), (4) and (5) For relief from liability for contravention of a civil penalty provision. Rule 2.9 (Heading) amended by S.R. No. 48/2014 rule 26(1). 2.9 Notice of appearance (s. 465C of the Corporations Act)—Forms 4 and 4A (1) A person who intends to appear before the Court at the hearing of an application must, before appearing— (a) file— Rule 2.9(1)(a)(i) substituted by S.R. No. 48/2014 rule 26(2). (i) a notice of appearance in accordance with Form 4 or, if the originating process has been filed electronically in RedCrest, in Form 4A; and (ii) if appropriate—an affidavit stating any facts on which the person intends to rely; and
plaintiff for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interlocutory process, and any supporting affidavit, in accordance with Form 3. (2) Unless the Court otherwise orders, an interlocutory process under paragraph (1) and any supporting affidavit must be served, in accordance with Rule 2.7(2), but on the following persons— (a) the defendant; (b) any person that the Court directed be served with the originating process by which the application for recognition was made; (c) any other person that the Court directs. (3) A person who intends to appear before the Court at the hearing of an application under paragraph (1) must file and serve the documents referred to in Rule 2.9. 15A.9 Application to modify or terminate an order for recognition or other relief (1) This Rule applies to— (a) an application under paragraph 4 of article 17 of the Model Law for an order modifying or terminating an order for recognition of a foreign proceeding; and (b) an application under paragraph 3 of article 22 of the Model Law for an order modifying or terminating relief granted under article 19 or 21 of the Model Law. (2) An application to which this Rule applies must be made by filing an interlocutory process in accordance with Form 3. (3) An interlocutory process for an application to which this Rule applies and any supporting affidavit must be served on—
(a) that the requirements referred to in paragraph (1) have been substantially complied with; and (b) that the application is unopposed. Rule 16.9(3) amended by S.R. No. 10/2015 rule 20(1)(c). (3) If not satisfied that the requirements referred to in paragraph (1) have been substantially complied with, the Associate Judge or the judicial registrar— (a) may from time to time adjourn the hearing of the application upon appropriate terms; or (b) may dismiss the application. Rule 16.9(4) amended by S.R. No. 10/2015 rule 20(1)(d). (4) In the case of an application to an Associate Judge, if the Associate Judge is satisfied that the application is opposed on grounds appropriate for determination by a Judge of the Court, the Associate Judge shall refer the application for hearing and determination by a Judge of the Court, but otherwise the Associate Judge may hear and determine the application. Note to rule 16.9(4) inserted by S.R. No. 10/2015 rule 20(2). Note In relation to an application to a judicial registrar, see section 113L of the Supreme Court Act 1986. Rule 16.9(5) amended by S.R. No. 10/2015 rule 20(3). (5) An order of an Associate Judge or a judicial registrar declaring that the requirements referred to in paragraph (1) have been complied with, or the extent to which those provisions have been complied with, is evidence of the facts so declared. 16.10 Filing of documents
16 s. 596F(1)(b) to (g) For directions about examination. 17 s. 597(5B) To put, or allow to be put, questions to a person being examined. Item No. Column 1 Provision Column 2 Description 18 s. 597(7) For direction to answer question. 19 s. 597(9) (if examination before the judicial registrar) For direction to produce books. 20 s. 597(13) (if examination before the judicial registrar) For order that questions and answers be recorded in writing, and that person sign that written record. 21 s. 597(15) (if examination before the judicial registrar) For direction for examination to be held before another court. 22 s. 597(17) (if examination before the judicial registrar) To adjourn the examination from time to time. 23 s. 597A For mandatory affidavit. 24 s. 597B (if examination before the judicial registrar) For costs of unnecessary examination. __________________ 3 Note 1—see Rule 2.2 (Form 2 Part C) C. APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY 1. The plaintiff relies on failure by the defendant to comply with a statutory demand. A copy of the demand, marked A, is attached to this originating process.