(1)

Unless these rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the court—

(a)

if the application is not made in a proceeding already begun in the court—by filing an originating process; and

(b)

in any other case—by filing an interlocutory process.

(2)

Unless the court otherwise directs, a person may make an application to the court in relation to a proceeding in relation to which final relief has been granted by filing an interlocutory process in the proceeding.

(3)

An originating process must—

(a)

be in accordance with form 2; and

(b)

state—

(i)

each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and

(ii)

the relief sought.

(4)

An interlocutory process must—

(a)

be in accordance with form 3; and

(b)

state—

(i)

if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of court under which the interlocutory application is made; and

(ii)

the relief sought.

Note In an application for winding-up in insolvency on the ground that the company has failed to comply with a statutory demand, the applicant should consider completing form 2, pt C as shown in sch 3 (Notes to these rules).