Schedule
[ description of hourly rate(s) ]
Form 20 Notice of filing of application for recognition of foreign proceeding
(rule 15A.6)
IN THE [ name of Court ] No. of [ yea r]
[ Name of company ]
ABN or ACN: [ ABN or ACN of company to which proceeding relates ]
TO all the creditors of [ name of company ].
TAKE NOTICE that:
1. An application under the Cross-Border Insolvency Act 2008 (Cth) for recognition of a foreign proceeding in relation to [ name of company ] was commenced by the plaintiff, [ name of plaintiff ], on [ date of filing of originating process ] and will be heard by . . . . . . . . . . . . . . . . . . . . . . . . at [ address of Court ] at . . . . . . . . *am/*pm on . . . . . . . . Copies of documents filed may be obtained from the plaintiff's address for service.
2. The plaintiff's address for service is [ name and address of plaintiff's legal practitioner or, if there is no legal practitioner, address of the plaintiff ].
3. Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the plaintiff at the plaintiff's address for service at least 3 days before the date fixed for the hearing.
4. If you are a foreign creditor you must file in the registry of the Court at the address mentioned in paragraph 1 an affidavit setting out the details of any claim, secured or unsecured, that you may have against the company above at least 3 days before the date fixed for the hearing.
Date:
Name of plaintiff or plaintiff's legal practitioner: [ name ]
* Omit if not applicable
Form 21 Notice of making of order under the Cross-Border Insolvency Act 2008 (Cth)
(rule 15A.7)
IN THE [name of Court] No. of [ year ]
[ Name of company ]
ABN or ACN: [ ABN or ACN of company to which proceeding relates]
TO all the creditors of [ name of company ].
TAKE NOTICE that:
1. On [ date ], the [ name of Court ] in Proceeding No. of [year], commenced by the plaintiff [name of plaintiff ], made the following orders under the Cross-Border Insolvency Act 2008 (Cth) in relation to [ name of company ]: [ insert details of order ].
2. The plaintiff's address for service is [ name and address of plaintiff's legal practitioner or, if there is no legal practitioner, address of the plaintiff ].
3. The name and address of the foreign representative is [ insert name and address ].
*4. The name and address of the person entrusted with distribution of the company's assets is [ insert name and address ].
Date:
Name of plaintiff or plaintiff's legal practitioner: [ name ]
* Omit if not applicable
Form 22 Notice of dismissal or withdrawal of application for recognition of foreign proceeding
(rule 15A.7)
IN THE [name of Court] No. of [ year ]
[ Name of company ]
ABN or ACN: [ ABN or ACN of company to which proceeding relates ]
TO all the creditors of [ name of company ].
TAKE NOTICE that the application under the Cross-Border Insolvency Act 2008 (Cth) for recognition of a foreign proceeding in relation to [ name of company ] commenced by the plaintiff, [ name of plaintiff ], on [ date of filing of originating process ] was *dismissed/*withdrawn on [ date of dismissal/withdrawal ].
Date:
Name of person giving notice or of person's legal practitioner: [ name ]
* Omit if not applicable
Form 23 Notice of filing of application to modify or terminate an order for recognition or other relief
(rule 15A.9)
IN THE [name of Court] No. of [ year ]
[ Name of company ]
ABN or ACN: [ ABN or ACN of company to which proceeding relates ]
TO all the creditors of [ name of company ].
TAKE NOTICE that:
*1. An application under the Cross-Border Insolvency Act 2008 (Cth) for an order *modifying/*terminating an order for recognition of a foreign proceeding in relation to [ name of company ] was filed by the applicant, [ name of applicant ], on [ date of filing of interlocutory process ] and will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at [ address of Court ] at . . . . . . . . *am/*pm on . . . . . . . . Copies of documents filed may be obtained from the applicant's address for service.
*1. An application under the Cross-Border Insolvency Act 2008 (Cth) for an order *modifying/*terminating relief granted under *article 19/*article 21 of the Model Law in relation to [ name of company ] was filed by the applicant, [ name of applicant ], on [ date of filing of interlocutory process ] and will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at [ address of Court ] at . . . . . . . . *am/*pm on . . . . . . . Copies of documents filed may be obtained from the applicant's address for service.
2. The applicant's address for service is [ name and address of applicant's legal practitioner or of applicant ].
3. Any person intending to appear at the hearing must file a notice of appearance (if the person has not already done so), in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice (if applicable) and any affidavit on the applicant at the applicant's address for service at least 3 days before the date fixed for the hearing.
Date:
Name of applicant or applicant's legal practitioner: [ name ]
* Omit if not applicable