Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 221

  (1)   Where:

  (a)   a debtor has failed, without sufficient cause, to attend a meeting of creditors called under an authority signed by him or her under section   188;

  (aa)   a debtor has contravened subsection   189(2);

  (b)   a debtor, having been required by a special resolution of a meeting of creditors called in pursuance of such an authority to execute a personal insolvency agreement, has failed without sufficient cause to execute the agreement within the time prescribed by this Act; or

  (c)   a meeting of creditors called in pursuance of such an authority has not, within 4 months from the date for which the meeting was called, passed one of the special resolutions referred to in subsection   204(1);

the Court may, if it thinks fit, on the application of the Inspector - General, a creditor or the controlling trustee, forthwith make a sequestration order against the estate of the debtor.

  (2)   The Court may, if it thinks fit, dispense with service on the debtor of notice of an application under this section, either unconditionally or subject to conditions.

  (3)   Subject to subsection   (4), the making of an application under this section in respect of a debtor shall, for the purposes of this Act, be deemed to be equivalent to the presentation of a creditor's petition against the debtor.

  (4)   The provisions of subsection   43(1), sections   44 and 47, subsections   52(1) and (2) and Part   XIA do not apply in relation to an application under this section, but, on the hearing of such an application, the Court shall require proof (which may be given by affidavit) of the matters stated in the application and, unless service has been dispensed with by the Court, of service of the application on the debtor.