5Form for initiating proceeding

5 Form for initiating proceeding

(1)  Subject to subrule (2) and any direction of the Court, a proceeding for relief under section 7 , 10 or 11 of the Federal Courts (State Jurisdiction) Act 1999 must be initiated by filing an originating process.

(2)  If –

(a) in a proceeding, the Federal Court of Australia has made an order for the winding-up of a company; and

(b) the order is an ineffective judgment within the meaning of the Federal Courts (State Jurisdiction) Act 1999  –

an application under the Federal Courts (State Jurisdiction) Act 1999 in relation to the winding-up of the company may be made by filing an interlocutory process.

(3)  An interlocutory process filed under subrule (2) must state the proceeding number of the Federal Court proceeding.