Originating application and interlocutory application—forms 2 and 3
2.2 Originating application and interlocutory application—forms 2 and 3
Unless these rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the court—
if the application is not made in a proceeding already commenced in the court—by filing an originating application; and
in any other case, and whether interlocutory relief or final relief is claimed—by filing an interlocutory application.
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 application in that proceeding.
An originating application must—
be in form 2; and
state—
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 application must—
be in form 3; and
state—
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 interlocutory application is made; and
the relief sought.
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