Originating process and interlocutory process – Forms 2 and 3
2.2 Originating process and interlocutory process – Forms 2 and 3
(1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court:
(a) if the application is not made in a proceeding already commenced in the Court – by filing an originating process; and
(b) in any other case, and whether interlocutory relief or final relief is claimed – by filing an interlocutory process.
(2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding.
An originating process must:
be in accordance with Form 2; and
state:
(i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and
the relief sought.
An interlocutory process must:
be in accordance with Form 3; and
state:
(i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the application is made; and
the relief sought.
Note
In an application for winding up in insolvency on the ground that the company has failed to comply with a statutory demand, the applicant should consider completing Part C of Form 2 as shown in Schedule 2 (Notes to these Rules).
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