Appeal from act, omission or decision of administrator, receiver or liquidator, etc (Corporations Act s 554A, s 1321)
14.1 Appeal from act, omission or decision of administrator, receiver or liquidator, etc (Corporations Act s 554A, s 1321)
(1) All appeals to the Court authorised by the Corporations Act must be commenced by an originating process, or interlocutory process, stating:
the act, omission or decision complained of;
(b) in the case of an appeal against a decision – whether the whole or part only and, if part only, which part of the decision is complained of; and
the grounds on which the complaint is based.
(2) Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process, or interlocutory process, must be filed within:
(a) 21 days after the date of the act, omission or decision appealed against; or
any further time allowed by the Court.
(3) The Court may extend the time for filing the originating process, or interlocutory process, either before or after the time for filing expires and whether or not the application for extension is made before the time expires.
(4) As soon as practicable after filing the originating process, or interlocutory process, and, in any case, at least 5 days before the date fixed for hearing, the person instituting the appeal must serve a copy of the originating process, or interlocutory process, and any supporting affidavit, on each person directly affected by the appeal.
(5) As soon as practicable after being served with a copy of the originating process, or interlocutory process, and any supporting affidavit, a person whose act, omission or decision is being appealed against must file an affidavit:
(a) stating the basis on which the act, omission or decision was done or made; and
(b) annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal.
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