Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 14.02

Expressions used in the Cross-Border Insolvency Act

             (1)  Unless the contrary intention appears, an expression used in this Part and in the Cross-Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross-Border Insolvency Act, has the same meaning in this Part as it has in the Cross-Border Insolvency Act.

Note:          The following expressions used in this Part (including in the notes to this Part) are defined in the Model Law as having the following meanings:

                   establishment means any place of operations where the debtor carries out a non-transitory economic activity with human means and goods or services.

                   foreign court means a judicial or other authority competent to control or supervise a foreign proceeding.

                   foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests.

                   foreign non-main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment as defined in the Model Law.

                   foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation.

                   foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor's assets or affairs or to act as a representative of the foreign proceeding.

             (2)  This Part is to be interpreted in a manner that gives effect to the Cross-Border Insolvency Act.



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