Australian Capital Territory Numbered Regulations

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CORPORATIONS LAW RULES 2000 (2000 NO 16) - REG 83

Appeal from act, omission or decision of administrator, receiver or liquidator, etc (s 554A, s 1321 of the Law)

(1)       All appeals to the court authorised by the Law must be commenced by an originating or interlocutory process that states—

        (a)     the act, omission or decision complained of; and

        (b)     for an appeal against a decision—whether all or part of the decision is complained of and, if part only, identifying that part; and

        (c)     the grounds on which the complaint is based.

(2)       Unless the Law otherwise provides, the originating or interlocutory process must be filed within—

        (a)     21 days after the date of the act, omission or decision appealed against; or

        (b)     any further time allowed by the court.

(3)       The court may extend the time for filing the originating 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 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 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 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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