SUPREME COURT (CORPORATIONS) RULES 20032003 No. 284- RULE 14.1 Appeal from act, omission or decision of administrator, receiver or liquidator etc (Corporations Act, s 554A, s 1321)

Commonwealth Numbered Regulations

Appeal from act, omission or decision of administrator, receiver or liquidator etc (Corporations Act, s 554A, s 1321)

(1): All appeals to the court authorised by the Corporations Act must be begun by an originating or interlocutory process that states—

(a): the act, omission or decision complained of; and
(b): for an appeal against a decision—whether all or part only of the decision is complained of and, if part only, which part of the decision is complained of; and
(c): the grounds on which the complaint is based.

(2): Unless the Corporations Act otherwise provides, the originating or interlocutory process must be filed within—

(a): 21 days after the date of the act, omission or decision appealed against; or
(b): any further time allowed by the court.

(3): The court may extend the time for filing the originating or interlocutory process either before or after the time for filing ends and whether or not the application for extension is made before the time ends.
(4): As soon as practicable after filing the originating or interlocutory process and, in any case, at least 5 days before the date fixed for hearing, the person instituting the appeal must serve a copy of the process, and any supporting affidavit, on each person directly affected by the appeal.
(5): As soon as practicable after being served with a copy of the originating or interlocutory process and any supporting affidavit, a person whose act, omission or decision is being appealed against must file an affidavit—

(a): stating the basis on which the act, omission or decision was done or made; and
(b): annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal.

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