Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:
(a) if the application is not made in a proceeding already commenced in the Court — by filing an application in accordance with Form 2; and
(b) in any other case — by filing an interim application in accordance with Form 3.
(2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.
(3) An application must state:
(a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and
(b) the relief sought.
(4) An interim application must state:
(a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and
(b) the relief sought.
Note Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.
(a) an application for an order for substituted service of a bankruptcy notice;
(b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;
(c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;
(d) an appeal, under subsection 82 (5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;
(e) an application, under section 153B of the Bankruptcy Act, for the annulment of a bankruptcy;
(f) an application, under subsection 157 (6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;
(g) an appeal from a decision of a taxing officer, appointed under subsection 167 (8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill.
(h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;
(i) an application, under section 183 of the Bankruptcy Act, for release of a trustee from the trusteeship of an estate;
(j) an application, under section 185Q of the Bankruptcy Act, for an order terminating a debt agreement;
(k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;
(l) an application, under section 222 of the Bankruptcy Act, for an order setting aside a personal insolvency agreement;
(m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;
(n) an application, under section 222C of the Bankruptcy Act, for an order terminating a personal insolvency agreement;
(o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;
(p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.