Western Australian Current Regulations Western Australian Current Regulations (1) This rule applies
to —
(a) an
application under paragraph 4 of article 17 of the Model Law for an order
modifying or terminating an order for recognition of a foreign proceeding; and
(b) an
application under paragraph 3 of article 22 of the Model Law for an order
modifying or terminating relief granted under article 19 or 21 of the Model
Law.
(2) An application
mentioned in subrule (1) must be made by filing an interlocutory process in
accordance with Form 3.
(3) An interlocutory
process for an application under subrule (1) and any supporting affidavit must
be served on —
(a) for
an application under subrule (1)(a) — the defendant and other
persons who were served with, or filed a notice of appearance in relation to,
the application for recognition; and
(b) for
an application under subrule (1)(b) — the defendant and other persons
who were served with, or filed a notice of appearance in relation to, the
application for relief under article 19 or 21.
(4) Unless the Court
otherwise orders, a plaintiff who applies for an order under subrule (1)
must —
(a) send
a notice of the filing of the application in accordance with Form 23 to each
person whose claim to be a creditor of the defendant is known to the
plaintiff; and
(b)
publish a notice of the filing of the application in accordance with Form 23,
in a daily newspaper circulating generally in the State or Territory where the
defendant has its principal, or last known, place of business.
(5) The Court may
direct the applicant to publish the notice in accordance with Form 23 in a
daily newspaper circulating generally in any State or Territory not described
in subrule (4)(b).
(6) 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 2.9.
[Rule 15A.9 inserted: Gazette
13 Feb 2009 p. 307‑8; amended: Gazette
21 Sep 2012 p. 4427.]