Federal Court (Bankruptcy) Rules 2016

An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an application in accordance with Form B2.

The application must:

be accompanied by the statements mentioned in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and

name the foreign representative as the applicant and the debtor as the respondent; and

be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act.

When filing the application, the foreign representative must file, but need not serve, an interim application seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just.

The applicant must serve a copy of the application and the other documents mentioned in subrule (2):

unless the Court otherwise orders—on each respondent (if any) to the proceeding as soon as practicable after filing an application and, in any case, at least 5 days before the date fixed for hearing; and

on any other persons the Court may direct at the hearing of the interim application.

A person who intends to appear before the Court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.04.