Commonwealth Consolidated Regulations

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BANKRUPTCY REGULATIONS 2021 - REG 32

Disclaimer of onerous property

  (1)   A notice of disclaimer under subsection   133(1) or (1A) of the Act must:

  (a)   adequately identify both of the following:

  (i)   the bankrupt to whom the notice relates;

  (ii)   the property or contract being disclaimed; and

  (b)   in the case of disclaimer, without the leave of the Court, of a lease--set out facts showing that subsection   133(4) of the Act has been complied with; and

  (c)   in the case of disclaimer, without the leave of the Court, of a contract--set out facts showing that the contract is, for the purposes of subsection   133(5A) of the Act, an unprofitable contract.

  (2)   A trustee who gives a notice of disclaimer under subsection   133(1) or (1A) of the Act must give the notice to each person who, to the trustee's knowledge:

  (a)   in the case of disclaimer of property--has an interest in the property; or

  (b)   in the case of disclaimer of a contract--is:

  (i)   entitled to a benefit of, or right under, the contract; or

  (ii)   subject to a burden or liability under the contract.

  (3)   A failure to comply with subsection   (1) or (2) does not affect the validity of a notice of disclaimer under subsection   133(1) or (1A) of the Act.



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