Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 14.08

Relief after recognition

             (1)  If the Court has made an order for recognition of a foreign proceeding, any application by the applicant for relief under paragraph 1 of article 21 of the Model Law must be made by filing an interim application, and any supporting affidavit, in accordance with Form B3.

             (2)  Unless the Court otherwise orders, an interim application under subrule (1) and any supporting affidavit must be served at least 3 days before the date fixed for the hearing of the interim application on the following persons:

                     (a)  the respondent;

                     (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 subrule (1) must file and serve the documents mentioned in rule 2.04.



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