Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2005 (SLI NO 341 OF 2005) - REG 5.01

Referral of debtor’s petition

         (1)   A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.

Note    For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55 (3B), section 56C and subsection 57 (3B) of the Bankruptcy Act.

         (2)   On receiving a referral, the 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 petition; and

               (b)    each debtor listed in any relevant creditor’s petition; and

                (c)    each creditor listed in the petition; and

               (d)    if subsection 56C (4) of the Bankruptcy Act applies, 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 8.


 



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