Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2005 (SLI NO 341 OF 2005) - REG 4.04

Creditor’s petition founded on failure to comply with bankruptcy notice etc (Bankruptcy Act s 40 (1) (g))

         (1)   If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40 (1) (g) of the Bankruptcy Act, the petition must also be accompanied by:

                (a)    an affidavit stating:

                          (i)    that the records of the Court and the records of the Federal Magistrates Court have been searched and no application in relation to the bankruptcy notice has been made; or

                         (ii)    that an application was made in the Court or in the Federal Magistrates Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or

                         (iii)    that an application was made in the Court or in the Federal Magistrates Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and

               (b)    an affidavit of service of the relevant bankruptcy notice.

         (2)   If an application mentioned in subparagraph (1) (a) (ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1) (a).



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