Victorian Consolidated Regulations

SUPREME COURT (CORPORATIONS) RULES 2013 - REG 2.2

    (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 commenced in the Court—by filing an originating process; and

        (b)     in any other case, and whether interlocutory relief or final relief is claimed—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 respect of which final relief has been granted by filing an interlocutory process in that proceeding.

    (3)     An originating process must—

Rule 2.2(3)(a) substituted by S.R. Nos 48/2014 rule 25(2), 58/2018 rule 33(2)(a).

        (a)     be in accordance with Form 2; and

        (b)     state—

Rule 2.2(3)(b)(i) amended by S.R. No. 58/2018 rule 33(2)(b).

              (i)     each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each provision of the Insolvency Practice Schedule (Corporations) under which the proceeding is brought; 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 Part C of Form 2 as shown in Schedule 3—Notes to these Rules.

    (4)     An interlocutory process must—

        (a)     be in accordance with Form 3; and

        (b)     state—

Rule 2.2(4)(b)(i) amended by S.R. No. 58/2018 rule 33(3).

              (i)     if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each provision of the Insolvency Practice Schedule (Corporations) or each rule of Court under which the application is made; and

              (ii)     the relief sought.