QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sch.1A-sec.15A.3Application for recognition
Start here
Get a plain-English read of sch.1A-sec.15A.3
Turn the raw legal text into a practical explanation grounded in Uniform Civil Procedure Rules 1999.
### sch.1A-sec.15A.3 Application for recognition
An application by a foreign representative for recognition of a foreign proceeding under the Model Law, article 15 must be made by filing an originating application in form 2.
The originating application must—
be accompanied by the statements mentioned in the Model Law, article 15 and in the Cross-Border Insolvency Act 2008 (Cwlth) , section 13 ; and
name the foreign representative as the applicant and the debtor as the respondent; and
be accompanied by an affidavit verifying the matters mentioned in the Model Law, article 15, paragraphs 2 and 3 and in the Cross-Border Insolvency Act 2008 (Cwlth) , section 13 .
The applicant must serve a copy of the originating application and the other documents mentioned in subrule (2) —
unless the court otherwise orders, in accordance with rule 2.7 (1); and
on any other persons the court may direct.
A person who intends to appear before the court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9 .
sch 1A r 15A.3 ins 2018 SL No. 193 s 45
(sch.1A-sec.15A.3-ssec.1) An application by a foreign representative for recognition of a foreign proceeding under the Model Law, article 15 must be made by filing an originating application in form 2.
(sch.1A-sec.15A.3-ssec.2) The originating application must— be accompanied by the statements mentioned in the Model Law, article 15 and in the Cross-Border Insolvency Act 2008 (Cwlth) , section 13 ; and name the foreign representative as the applicant and the debtor as the respondent; and be accompanied by an affidavit verifying the matters mentioned in the Model Law, article 15, paragraphs 2 and 3 and in the Cross-Border Insolvency Act 2008 (Cwlth) , section 13 .
(sch.1A-sec.15A.3-ssec.3) The applicant must serve a copy of the originating application and the other documents mentioned in subrule (2) — unless the court otherwise orders, in accordance with rule 2.7 (1); and on any other persons the court may direct.
(sch.1A-sec.15A.3-ssec.4) A person who intends to appear before the court at the hearing of an application for recognition must file and serve the documents mentioned in rule 2.9 .
- (a) be accompanied by the statements mentioned in the Model Law, article 15 and in the Cross-Border Insolvency Act 2008 (Cwlth) , section 13 ; and
- (b) name the foreign representative as the applicant and the debtor as the respondent; and
- (c) be accompanied by an affidavit verifying the matters mentioned in the Model Law, article 15, paragraphs 2 and 3 and in the Cross-Border Insolvency Act 2008 (Cwlth) , section 13 .
- (a) unless the court otherwise orders, in accordance with rule 2.7 (1); and
- (b) on any other persons the court may direct.