Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Division 6.15A.3 Cooperation with foreign courts and representatives
15A.10 Cooperation involving court to be under coordination agreement
(1) This rule applies if—
(a) a foreign proceeding and a local proceeding in relation to the same debtor are taking place concurrently within the meaning of the Model Law, article 1 (c) ( concurrent proceedings ); or
(b) assistance is sought in Australia by a foreign court or foreign representative in relation to a foreign proceeding or is sought in a foreign state in relation to a local proceeding in relation to a debtor within the meaning of the Model Law, article 1 (a) and article 1 (b) ( cross-border assistance ); or
(c) creditors or other interested people in a foreign state have an interest in requesting the commencement of participation in a local proceeding in relation to a debtor within the meaning of the Model Law, article 1 (d) ( foreign party participation ).
(2) Subject to subrule (5), coordination of concurrent proceedings under the Model Law, article 27 (e) is to take place under a coordination agreement approved by the court under rule 15A.11.
(3) Subject to subrule (5), coordination of the administration and supervision of a debtor's assets and affairs under the Model Law, article 27 (c) that involves the court is to take place under a coordination agreement approved by the court under rule 15A.11.
(4) Subject to subrule (5), any other form of cooperation under the Model Law, article 27 that involves the court is to take place under a coordination agreement approved by the court under rule 15A.11.
(5) The court may, on application by a party or on its own motion, order that a form of cooperation under subrule (2), (3) or (4) is to proceed other than under a coordination agreement approved by the court under rule 15A.11.
(6) An application by a party under subrule (5)—
(a) subject to paragraph (b), must be made by originating process; and
(b) may, if a proceeding has been started in the court in relation to the debtor under these rules, be made by interlocutory process in that proceeding; and
(c) must be supported by an affidavit identifying the form and substance of cooperation sought, the grounds for seeking it and the provisions of the Global Guidelines that the party proposes apply to the cooperation.
(7) If the court makes an order under subrule (5), the court must determine which provisions of the Global Guidelines apply to the cooperation.
15A.11 Application for approval of coordination agreement
(1) A coordination agreement that involves the court is subject to the approval of the court.
(2) An application under subrule (1)—
(a) subject to paragraph (b), must be made by originating process; and
(b) may, if a proceeding has been started in the court in relation to a debtor under these rules, be made by interlocutory process in the proceeding.
(3) An application under subrule (1) must be supported by an affidavit—
(a) exhibiting the coordination agreement; and
(b) identifying the manner in which the agreement involves the court; and
(c) identifying all relevant foreign proceedings; and
(d) identifying and providing contact details for all relevant foreign courts; and
(e) identifying all relevant foreign representatives; and
(f) identifying any local liquidator or controller appointed in relation to the debtor's local property.
(4) When filing the application, the applicant must file, but need not serve, an interlocutory process seeking directions as to service, and the court may give any directions about service, and make any incidental orders, which it considers just.
(5) The applicant must serve a copy of the application and supporting affidavit—
(a) unless the court otherwise orders, on the parties to the proceeding under rule 2.7 (1); and
(b) on any other people the court may direct at the hearing of the interlocutory process.
(6) A person who intends to appear before the court at the hearing of the application must file and serve the documents mentioned in rule 2.9.
15A.12 Appointment of independent intermediary
(1) This rule applies if the court has made or is contemplating making an order under rule 15A.10 (Cooperation involving court to be under coordination agreement) or has approved or is contemplating approving a coordination agreement under rule 15A.11.
(2) The court may, on application by a party or on its own motion, order that an independent intermediary under Global Principle 23, be appointed to carry out any tasks in accordance with the conditions (if any) the court states.
(3) An application by the party under subrule (2) must be accompanied by an affidavit identifying the following matters:
(a) the proposed independent intermediary;
(b) the qualifications of the intermediary by reference to Global Principle 23 (5);
(c) the grounds for appointment of the intermediary;
(d) the tasks proposed to be performed by the intermediary;
(e) the proposed remuneration of the intermediary.
Division 6.15A.4 Concurrent proceedings
15A.13 Starting proceeding after recognition of a foreign main proceeding
(1) This rule applies if a foreign main proceeding in relation to a debtor has been recognised under division 6.15A.2 (Recognition of a foreign proceeding) of the rules or of corresponding rules in the Federal Court of Australia or Supreme Court of a State or Territory of Australia.
(2) A party who wishes to start a local proceeding in relation to the debtor or the debtor's assets which is governed by the Model Law, article 28 must file with the originating process an affidavit—
(a) exhibiting the order recognising the foreign main proceeding; and
(b) identifying the assets of the debtor in Australia; and
(c) identifying any other assets of the debtor that under the law of the Commonwealth should be administered in the local proceeding.
Division 6.15A.5 General
15A.14 Proof of orders or documents of foreign courts
(1) This rule applies if an apparently authentic order or document of a foreign court is received by the court directly from the foreign court by physical or electronic delivery under provisions governing the transmission of the documents contained in—
(a) an order under rule 15A.10 (Cooperation involving court to be under coordination agreement); or
(b) a coordination agreement approved by the court under rule 15A.11 (Application for approval of coordination agreement).
(2) Unless the court otherwise orders, the order or document of the foreign court is presumed to be authentic in the absence of evidence to the contrary.
15A.15 Service in accordance with service list
(1) This rule applies if—
(a) a service list has been agreed under a coordination agreement approved by the court under rule 15A.11; or
(b) a service list has been established under an order by the court under rule 15A.10.
(2) Unless the court otherwise orders, the following applications must be served on all people named in the service list to which this rule applies that is applicable to the application:
(a) an application for recognition under rule 15A.3;
(b) an application to modify or terminate an order for recognition under rule 15A.9;
(c) an application for relief after recognition under rule 15A.8.
(3) If any application not governed by subrule (2) is made, the court may direct that the application be served on some or all people named in the service list to which this rule applies that is applicable to the application.