Commonwealth Consolidated Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 - RULE 14.07

Notice of order for recognition, withdrawal etc.

  (1)   If the Court makes an order for recognition of a foreign proceeding under article 17 of the Model Law, or makes any order under article 19 or 21 of the Model Law, the applicant must, as soon as practicable after the order is made, do all of the following:

  (a)   have the order entered;

  (b)   serve a copy of the entered order on the respondent;

  (c)   send a notice of the making of the order in accordance with Form B21 to each person whose claim to be a creditor of the respondent is known to the applicant;

  (d)   publish a notice of the making of the order in accordance with Form B21, in accordance with subparagraph   14.06(1)(b)(ii).

  (2)   The Court may direct the applicant to publish the notice in accordance with Form B21 in a daily newspaper circulating generally in any State or Territory not described in subparagraph   14.06(1)(b)(ii).

  (3)   If the application for recognition is withdrawn or dismissed, the applicant must, as soon as practicable, do all of the following:

  (a)   for a dismissal--have the order of dismissal entered;

  (b)   serve a copy of the entered order of dismissal or notice of the withdrawal, on the respondent;

  (c)   send a notice of the dismissal or withdrawal in accordance with Form B22 to each person whose claim to be a creditor of the respondent is known to the applicant;

  (d)   publish a notice of the dismissal or withdrawal in accordance with Form B22, in accordance with subparagraph   14.06(1)(b)(ii).

  (4)   The Court may direct the applicant to publish the notice in accordance with Form B22 in a daily newspaper circulating generally in any State or Territory not described in subparagraph   14.06(1)(b)(ii).


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