Commonwealth Consolidated Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 - RULE 3.02

Setting aside bankruptcy notice

             (1)  An application to set aside a bankruptcy notice under the Bankruptcy Act must be accompanied by an affidavit stating:

                     (a)  the grounds in support of the application; and

                     (b)  the date when the bankruptcy notice was served on the applicant.

             (2)  A copy of the bankruptcy notice must be attached to the affidavit.

             (3)  If the application is based on the ground that the debtor has a counter-claim, set-off or cross demand referred to in paragraph 40(1)(g) of the Bankruptcy Act, the affidavit must also state:

                     (a)  the full details of the counter-claim, set-off or cross demand; and

                     (b)  the amount of the counter-claim, set-off or cross demand and the amount by which it exceeds the amount claimed in the bankruptcy notice; and

                     (c)  why the counter-claim, set-off or cross demand was not raised in the proceedings that resulted in the judgments or orders to which the bankruptcy notice relates.

             (4)  If the application is based on the ground that the debtor has instituted proceedings to set aside a judgment or order in relation to which the bankruptcy notice was issued, a copy of the application to set aside the judgment or order and any material in support of that application must also be attached to the affidavit.

             (5)  The application and supporting affidavit must be served on the respondent creditor within 3 days after the application is filed.

Note 1:       For extensions of time for compliance with a bankruptcy notice where an application has been made to set aside a judgment or order in respect of which the bankruptcy notice was issued, see paragraph 41(6A)(a) and subsection 41(6C) of the Bankruptcy Act and rule 3.03.

Note 2:       For extensions of time for compliance with a bankruptcy notice where an application has been made to the Court to set aside the bankruptcy notice, see paragraph 41(6A)(b) of the Bankruptcy Act and rule 3.03.

Note 3:       For the deemed extension of time for compliance with a bankruptcy notice where a counter-claim, set-off or cross demand is raised under paragraph 40(1)(g) of the Bankruptcy Act, see subsection 41(7) of that Act.



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