sch.1A-sec.2.9Notice of appearance ( Corporations Act , s 465C )—form 4

### sch.1A-sec.2.9 Notice of appearance ( Corporations Act , s 465C )—form 4 A person who intends to appear before the court at the hearing of an application must, before appearing— file— a notice of appearance in form 4; and if appropriate—an affidavit stating any facts on which the person intends to rely; and serve on the applicant a copy of the notice of appearance and any affidavit not later than— if the person is named in an originating application—3 days before the date fixed for hearing; or if the person is named in an interlocutory application—1 day before the date fixed for hearing. If the person intends to appear before the court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by the Corporations Act , section 465C . The period prescribed for filing and serving the notice and affidavit required by the Corporations Act , section 465C is the period mentioned in subrule (1) (b) (i) . Under the Corporations Act , section 465C , a person may not, without the leave of the court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the applicant, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. sch 1A r 2.9 ins 2000 SL No. 232 s 3 amd 2004 SL No. 115 s 2 sch 1 ; 2012 SL No. 150 s 54 ; 2018 SL No. 193 s 2 sch 1 (sch.1A-sec.2.9-ssec.1) A person who intends to appear before the court at the hearing of an application must, before appearing— file— a notice of appearance in form 4; and if appropriate—an affidavit stating any facts on which the person intends to rely; and serve on the applicant a copy of the notice of appearance and any affidavit not later than— if the person is named in an originating application—3 days before the date fixed for hearing; or if the person is named in an interlocutory application—1 day before the date fixed for hearing. (sch.1A-sec.2.9-ssec.2) If the person intends to appear before the court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by the Corporations Act , section 465C . (sch.1A-sec.2.9-ssec.3) The period prescribed for filing and serving the notice and affidavit required by the Corporations Act , section 465C is the period mentioned in subrule (1) (b) (i) . Under the Corporations Act , section 465C , a person may not, without the leave of the court, oppose an application for winding up unless, within the period prescribed by the rules (see subrule (3) of this rule), the person has filed, and served on the applicant, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. - (a) file— (i) a notice of appearance in form 4; and (ii) if appropriate—an affidavit stating any facts on which the person intends to rely; and - (i) a notice of appearance in form 4; and - (ii) if appropriate—an affidavit stating any facts on which the person intends to rely; and - (b) serve on the applicant a copy of the notice of appearance and any affidavit not later than— (i) if the person is named in an originating application—3 days before the date fixed for hearing; or (ii) if the person is named in an interlocutory application—1 day before the date fixed for hearing. - (i) if the person is named in an originating application—3 days before the date fixed for hearing; or - (ii) if the person is named in an interlocutory application—1 day before the date fixed for hearing. - (i) a notice of appearance in form 4; and - (ii) if appropriate—an affidavit stating any facts on which the person intends to rely; and - (i) if the person is named in an originating application—3 days before the date fixed for hearing; or - (ii) if the person is named in an interlocutory application—1 day before the date fixed for hearing.