Supreme Court (Corporations) (WA) Rules 2004
Part 2-Proceedings generally


    2.2 Originating process and interlocutory process Forms 2 and 3

    (1) Unless these rules otherwise provide, a person must make an application required or permitted by the Corporations Act to be made to the Court

    (a) if the application is not made in a proceeding already commenced in the Court by filing an originating process; and

    (b) in any other case by filing an interlocutory process.

    (2) Unless the Court otherwise directs, a person may make an application to the Court in relation to a proceeding in respect of which final relief has been granted by filing an interlocutory process in that proceeding.

    (3) An originating process must

    (a) be in accordance with Form 2; and

    (b) state

    (i) each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and

    (ii) the relief sought.

    (4) An interlocutory process must

    (a) be in accordance with Form 3; and

    (b) state

    (i) if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of Court under which the interlocutory application is made; and

    (ii) the relief sought.

    Note: In an application for winding up in insolvency on the ground that the company has failed to comply with a statutory demand, the applicant should consider completing Part C of Form 2 as shown in Note 1 to these Rules.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.