Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Before the hearing of a creditor's petition, the applicant creditor must comply with this rule.
(2) The applicant creditor must file an affidavit that:
(a) states that the documents required to be served under rule 4.05 have been served, and when and how they were served; and
(b) has attached to it a copy of the documents that were served and proof of service in relation to the documents.
(3) The applicant creditor must file an affidavit, of a person who has, no earlier than the day before the hearing date for the petition, searched, or caused a search to be made, in the National Personal Insolvency Index, that:
(a) sets out the details of any references in the Index to the debtor; and
(b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:
(i) on the day when the petition was presented; and
(ii) on the day when the search was made; and
(c) has attached to it a copy of the relevant extract of the Index.
(4) The applicant creditor must file an affidavit of a person who knows the relevant facts that:
(a) was sworn as soon as practicable before the hearing date for the petition; and
(b) states that each debt on which the applicant creditor relies is still owing.
(5) If a debt stated in the petition is an amount payable to the applicant creditor under a judgment of a court that ordered the amount to be paid into the court, the applicant creditor must file an affidavit:
(a) of a person who has, not earlier than the day before the hearing date for the petition, searched in the proper office of the court; and
(b) that states whether the amount of the debt (or part of that amount) has been paid as ordered.