Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1993) - REG 23

Declaration as to validity of controller's appointment—section 418 A

“27A. (1) A person (other than a controller) who intends to file an application for a declaration concerning the validity of a controller's appointment under section 418A shall give written notice of the proposed application to the controller, not later than the day before the application is filed—

        (a)     by hand delivery; or

        (b)     by express post addressed to the controller.

“(2) An application for a declaration shall be accompanied by an affidavit annexing a copy of the notice required under subrule (1).

“(3) As soon as practicable after filing an application for a declaration, and in any event not later than 7 days after the date of filing, the applicant shall serve a copy of the application on—

        (a)     if the controller is not the applicant—the controller; and

        (b)     if the company concerned is not the applicant—that company.

“(4) The Court may direct that notice of an application be given by advertisement or otherwise to such persons as the Court determines, and may adjourn the application for that purpose.”.

Insertion