Commonwealth Consolidated Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 - RULE 14.09

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)  The application must be made by filing an interim application in accordance with Form B3.

             (3)  An interim application and any supporting affidavit must be served on:

                     (a)  for an application under paragraph (1)(a)--the respondent and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; and

                     (b)  for an application under paragraph (1)(b)--the respondent and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under article 19 or 21.

             (4)  Unless the Court otherwise orders, the applicant must:

                     (a)  send a notice of the filing of the application in accordance with Form B23 to each person whose claim to be a creditor of the respondent is known to the applicant; and

                     (b)  publish a notice of the filing of the application in accordance with Form B23, in accordance with subparagraph 14.06(1)(b)(ii).

             (5)  The Court may direct the applicant to publish the notice in accordance with Form B23 in a daily newspaper circulating generally in any State or Territory not described in subparagraph 14.06(1)(b)(ii).

             (6)  A person who intends to appear before the Court at the hearing of the application must file and serve the documents mentioned in rule 2.04.



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