Uniform Civil Procedure Rules 1999

This rule applies to—

an application under the Model Law, article 17, paragraph 4 for an order modifying or terminating an order for recognition of a foreign proceeding; and

an application under the Model Law, article 22, paragraph 3 for an order modifying or terminating relief granted under the Model Law, article 19 or 21.

An application mentioned in subrule (1) must be made by filing an interlocutory application in form 3.

An interlocutory application for an application mentioned in subrule (1) and any supporting affidavit must be served on—

for an application mentioned in subrule (1)(a)—the respondent and other persons who were served with, or filed a notice of appearance in relation to, the application for recognition; or

for an application mentioned in subrule (1)(b)—the respondent and other persons who were served with, or filed a notice of appearance in relation to, the application for relief under the Model Law, article 19 or 21.

Unless the court otherwise orders, an applicant who applies for an order mentioned in subrule (1)(a) or (b) must—

send a notice of the filing of the application in form 23 to each person whose claim to be a creditor of the respondent is known to the applicant; and

publish a notice of the filing of the application in form 23 in a daily newspaper circulating generally in the State where the respondent has its principal, or last known, place of business.

The court may direct the applicant to publish the notice in form 23 in a daily newspaper circulating generally in any State not described in subrule (4)(b).

A person who intends to appear before the court at the hearing of an application mentioned in subrule (1)(a) or (b) must file and serve the documents mentioned in rule 2.9.