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Form 3

Interlocutory process

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Schedule 1Forms

Form 3 Interlocutory process

(rules 2.2, 15A.4, 15A.8 and 15A.9)

[Title]

A. DETAILS OF APPLICATION

This application is made under *section/*regulation [number] of the *Corporations Act/*ASIC Act/*Cross‑Border Insolvency Act/*Corporations Regulations.

On the facts stated in the supporting affidavit(s), the applicant, [name], applies for the following relief:

1

2

etc

AND

Date:

. . . . . . . . . . . . . . . . . . . . .

Signature of applicant making this application or applicant’s legal practitioner

This application will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . at [address of Court] at . . . . . . . . *am/*pm on . . . . . . . ..

B. NOTICE TO RESPONDENT(S) (IF ANY)

TO: [name and address of each respondent to this interlocutory process (if any). If applicable, also state the respondent’s address for service.]

If you or your legal practitioner do not appear before the Court at the time shown above, the application may be dealt with, and an order made, in your absence.

Before appearing before the Court, you must, except if you have already done so or you are the plaintiff in this proceeding, file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff in the originating process.

Note   Unless the Court otherwise orders, a respondent that is a corporation must be represented at a hearing by a legal practitioner. It may be represented at a hearing by a director of the corporation only if the Court grants leave.

C. FILING

This interlocutory process is filed by [name] for the applicant.

D. SERVICE

The applicant’s address for service is [address of applicant’s legal practitioner or of applicant].

*It is not intended to serve a copy of this interlocutory process on any person.

OR

*It is intended to serve a copy of this interlocutory process on each respondent and on any person listed below:

[name of respondent and any other person on whom a copy of the interlocutory process is to be served]

[Complete the following section if the time for service has been abridged]

The time by which a copy of this interlocutory process is to be served has been abridged by order made by [name of Judge or other Court officer] on [date] to [time and date].

*   Omit if not applicable

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