Notice of Appearance

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Notice of Appearance

Proposed party: [*name of proposed party]

In this proceeding, the proposed party:

  1. seeks to be a party and requests that the Panel accept this Notice of Appearance [and]
  2. gives the following contact details and undertakings [and
  3. Optional: seeks to be legally represented and requests the Panel's consent to be represented by [*name of legal adviser]].

Contact Details (for up to 4 individuals)

Name and position:

Office address:

Direct office telephone number:

Office fax number:

Mobile number:

Email address:

Undertakings

The proposed party undertakes to the Panel under section 201A of the Australian Securities and Investments Commissions Act 2001 (Cth) and to each party to the matter from time to time that it and its directors, officers and advisers will not:

  1. use or disclose any confidential information provided to it in the proceeding. This undertaking is not limited by time. However, this undertaking does not apply to inhibit the use of confidential information:
    • in the proceeding itself as permitted under the Panel’s rules or
    • disclosed as required by law or the rules of a securities exchange.
  2. directly or indirectly cause, participate in or assist the canvassing in any media of any issue that is before (or likely to be before) the Panel in this proceeding. This undertaking applies:
    • until the Panel publishes its reasons for decision and
    • if an application is made in a proceeding to vary any final order, from the time the proposed party becomes aware of the application until it is determined by the Panel.*

    However, this undertaking does not apply to statements that, without discussing merits, identify the parties or the subject matter of the proceeding or the broad nature of the unacceptable circumstances alleged or the orders sought.

The proposed party also undertakes to instruct each of its directors, officers and advisers to comply with the preceding undertakings.

Dated:

Signed on behalf of the proposed party by:

 

______________________________________

[full name and position of signatory]
A person authorised to bind the proposed party


* This does not extend to review proceedings. If there is a review, new Notices of Appearance are required