Northern Territory Numbered Regulations

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CORPORATIONS LAW AMENDMENT (CROSS-BORDER INSOLVENCY) RULES 2009 (NO 13 OF 2009) - SCHEDULE

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



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