Division 17 – Proceedings under the Federal
Courts
(State Jurisdiction)
Act 1999
17.1 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 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 under subrule (2)
must state the proceeding number of the Federal Court proceeding.