Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.