2.9 Notice of appearance (Corporations Act s.465C) ¾ Form 4
(1) A person who intends to appear before the Court at the hearing of an application must, before appearing ¾
(a) file ¾
(i) a notice of appearance in accordance with Form 4; and
(ii) if appropriate ¾ an affidavit stating any facts on which the person intends to rely;
(b) serve on the plaintiff a copy of the notice of appearance and any affidavit not later than ¾
(i) if the person is named in an originating process ¾ 3 days before the date fixed for hearing; or
(ii) if the person is named in an interlocutory process ¾ 1 day before the date fixed for hearing.
(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 section 465C of the Corporations Act.
(3) The period prescribed for filing and serving the notice and affidavit required by section 465C of the Corporations Act is the period mentioned in subsection (1)(b)(i).
Note: Under section 465C of the Corporations Act, 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 plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice.