Commonwealth Consolidated Regulations

FEDERAL COURT (BANKRUPTCY) RULES 2016 - RULE 5.01

  (1)   A referral of a debtor's petition to the Court by the Official Receiver under subsection   55(3B), 56C(1) or 57(3B) of the Bankruptcy Act must be in accordance with Form B8.

  (2)   On receiving a referral, a Registrar must fix a time, date and place for the hearing of the referral.

  (3)   At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:

  (a)   each debtor who presented the debtor's petition; and

  (b)   for each creditor's petition of the kind referred to in subsection   55(3B), 56C(1) or 57(3B) of the Bankruptcy Act:

  (i)   each debtor against whom the creditor's petition was made; and

  (ii)   each creditor who presented the creditor's petition; and

  (c)   if subsection   56C(4) of the Bankruptcy Act applies to the debtor's petition--the person administering the relevant proclaimed law.

  (4)   The notice required by subrule (3) must be in accordance with the notice set out in Form B8.