Australian Capital Territory Numbered Regulations

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CORPORATIONS LAW RULES 2000 (2000 NO 16) - REG 19

Notice of appearance (s 465C of the Law)—form 4

(1)       A person who intends to appear before the court at the hearing of an application must, before appearing—

        (a)     file the following:

              (i)     a notice of appearance in accordance with form 4;

              (ii)     if appropriate, an affidavit stating any facts on which the person intends to rely; and

        (b)     serve on the plaintiff a copy of the notice of appearance and any affidavit not later than—

              (i)     if the person is named in an originating process—3 days before the date fixed for hearing; or

              (ii)     if the person is named in an interlocutory process—1 day before the date fixed for hearing.

(2)       If the person intends to appear before the court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by section 465C of the Law.

(3)       The period prescribed for filing and serving the notice and affidavit required by section 465C of the Law is the period mentioned in subparagraph (1) (b) (i).

Note    Under section 465C of the Law, a person may not, without the leave of the court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice .



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