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FEDERAL COURT (BANKRUPTCY) RULES 2005 (SLI NO 341 OF 2005) - REG 9.02

Requirements for application

         (1)   If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.

         (2)   The application must be accompanied by:

                (a)    a copy of the debt agreement; and

               (b)    if the application is for an order terminating a debt agreement — an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and

                (c)    if the application is for an order declaring that all, or a specified part, of a debt agreement is void — an affidavit stating the facts relied on to establish the relevant ground for applying for the order.

Note for paragraph (b)    The prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q (4) of the Bankruptcy Act.

Note for paragraph (c)    The grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T (2) of the Bankruptcy Act.



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