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FEDERAL COURT (BANKRUPTCY) RULES 2005 (SLI NO 341 OF 2005) - SCHEDULE 1

Forms

Form 1         Title

(subrule 1.06 (3))

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)


 

Form 2         Application

(rule 2.01)

APPLICATION

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

NOTICE TO RESPONDENT

Complete this section if there is a respondent

TO the respondent of address :

This application has been set down for the time and place stated below. If you or your legal representative do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence. As soon after the time mentioned as the business of the Court will allow, any of the following may happen:

(a)     the application may be heard;

(b)     directions may be given for the further conduct of the proceeding;

(c)     any application for interim orders may be heard.

Before any attendance at Court, you must file a notice of appearance in the Registry.

Time and date for hearing: to be entered by Registry unless fixed by Court

Place: address of Court

Date:

signed, District Registrar/Deputy District Registrar/Authorised Officer

*Registrar/*Deputy District Registrar/*Authorised Officer

A.      FINAL ORDERS SOUGHT BY APPLICANT

On the grounds stated in the supporting affidavit or statement of claim, the applicant seeks the following orders:

Specify in numbered paragraphs all the final orders sought

1.   

2.   

3.   

B.      INTERIM ORDERS SOUGHT BY APPLICANT

Complete this section if you also seek interim orders

The applicant seeks the following interim orders:

Specify in numbered paragraphs all the interim orders sought

1.      

2.      

3.      

Date:

signed, applicant or applicant’s lawyer

*Applicant/*Applicant’s lawyer

C.      ABRIDGMENT OF SERVICE

Complete this section if the time for service has been abridged

The time by which this application is to be served has been abridged by order made on date to time and date .

D.      SERVICE

It is not intended to serve this application on any person.

OR

It is intended to serve this application on each person listed below:

name of each person on whom application is to be served

*    Omit if inapplicable


 

Form 3         Interim application

(rules 2.01, 2.04, 6.06, 6.12, 6.17)

INTERIM APPLICATION

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s) for interim order

Applicant(s) for interim order

name of respondent(s) for interim order

Respondent(s) for interim order

NOTICE

This interim application has been set down for the time and place stated below. If you or your legal representative do not attend the Court at that time, the interim application may be dealt with and an order made in your absence.

Time and date for hearing: to be entered by Registry unless fixed by Court

Place: address of Court

INTERIM ORDERS SOUGHT BY *APPLICANT/*RESPONDENT

On the grounds stated in the supporting affidavit, the *applicant/*respondent seeks the following interim orders:

Specify in numbered paragraphs all the interim orders sought

1.   

2.   

3.   

Date:

signed, District Registrar/Deputy District Registrar/Authorised Officer

*Registrar/*Deputy District Registrar/*Authorised Officer

*    Omit if inapplicable


 

Form 4         Notice of appearance

(rules 2.05, 2.06)

NOTICE OF APPEARANCE

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

Name of address , occupation , appears.

Solicitor name

Address:

Telephone:                                           Fax number:

E-mail address:

Solicitor’s agent name

Address:

Telephone:                                           Fax number:

E-mail address:

Address for service:

Date:

signed, respondent/respondent’s lawyer or supporting creditor/supporting creditor’s lawyer

*Respondent/*Respondent’s lawyer/*Supporting creditor/*Supporting creditor’s lawyer

*    Omit if inapplicable


 

Form 5         Notice stating grounds of opposition to application, interim application or petition

(rule 2.06)

NOTICE STATING GROUNDS OF OPPOSITION TO APPLICATION, INTERIM APPLICATION OR PETITION

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

Name of opponent , specify capacity of opponent, eg creditor, trustee , intends to oppose the *application/*interim application/*petition on the following grounds:

1.     }       set out grounds of opposition

2.     }

3.     }

An affidavit supporting the grounds of opposition is filed with this notice.

This notice is filed by name of lawyer for opponent for name of opponent .

The opponent’s address for service is: address for service .

Date:

signed, opponent or opponent’s lawyer

*Opponent/*Opponent’s lawyer

*    Omit if inapplicable


 

Form 6         Creditor’s petition

(rule 4.02)

CREDITOR’S PETITION

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

NOTICE TO RESPONDENT

TO the respondent of address :

This petition has been set down for hearing by the Court at the time, date and place stated below. If you or your legal representative do not attend the Court at that time, the petition may be dealt with in your absence and a sequestration order making you bankrupt may be made.

If you wish to appear at the hearing, you must file and serve a notice of appearance.

If you wish to appear at the hearing and oppose this petition, you must:

(a)     enter an appearance in accordance with Form 4, and file a notice stating grounds of opposition to the petition in accordance with Form 5 and an affidavit supporting the grounds; and

(b)     serve a copy of each document on the creditor at the address for service stated below not less than 3 days before the date for the hearing of this petition stated below; and

(c)     attend at the Court on the date for the hearing stated below.

Time and date for hearing: to be entered by Registry

Place: address of Court

Date:

signed, Registrar

Registrar

PART 1   PETITION

The applicant creditor name and address of applicant creditor applies to the Court for a sequestration order under section 43 of the Bankruptcy Act 1966 against the estate of name, address and occupation of respondent debtor .

1.       The respondent debtor owes the applicant creditor the amount of [$  amount ] for statement of reason for, and details of, the debt, including details of any judgment debt .

2.       The applicant creditor does not hold security over the property of the respondent debtor.

          OR

          The applicant creditor holds security over the property of the respondent debtor to the value of [$  amount ] and consisting of statement of particulars of security , and:

(a)     is willing to surrender this security for the benefit of creditors generally if a sequestration order is made against the respondent debtor;

                   OR

(b)     the value of the property is [$  amount ], which leaves an unsecured debt of [$  amount ].

Note    If there is more than 1 applicant creditor, the form may be appropriately amended.

3.       At the time when the act of bankruptcy was committed, the respondent debtor:

*(a)    was personally present in Australia ;

*(b)    was ordinarily resident in Australia ;

*(c)    had a dwelling house or place of business in Australia ;

*(d)    was carrying on business in Australia either personally or by an agent or manager;

*(e)    was a member of a firm or partnership carrying on business in Australia by means of partners or agent or manager.

4.       The following act of bankruptcy was committed by the respondent debtor within 6 months before presentation of this petition:

Include the following paragraph if the act of bankruptcy is failure to comply with a bankruptcy notice

          The respondent debtor failed to comply on or before date of act of bankruptcy with the requirements of a bankruptcy notice served on *him/*her on date of service of bankruptcy notice or to satisfy the Court that *he/*she had a counter-claim, set-off or cross demand equal to or more than the sum claimed in the bankruptcy notice, being a counter‑claim, set-off or cross demand that *he/*she could not have set up in the action in which the judgment referred to in the bankruptcy notice was obtained.

If the act of bankruptcy is an act of bankruptcy mentioned in section 40 of the Bankruptcy Act 1966 (other than a failure to comply with a bankruptcy notice), give full details of the act of bankruptcy including details of any judgment.

5.       The applicant creditor provides the following information, to the extent it is known to the applicant creditor, for use by the Insolvency and Trustee Service Australia:

(a)     any alias used by the respondent debtor;

(b)     the date of birth of the respondent debtor;

(c)     the business name of the respondent debtor;

(d)     the business address of the respondent debtor.

Note    Completion of paragraph 5 is optional.

Date:

signed, applicant or applicant’s lawyer

*Applicant/*Applicant’s lawyer

This petition is filed by name of lawyer for petitioner for name of petitioner .

The petitioner’s address for service is: address for service .

PART 2   AFFIDAVIT VERIFYING CREDITOR’S PETITION

On date , I, name, address and occupation of deponent , *say on oath/*affirm:

1.       I am the applicant or I am a director of the applicant or I am a [ occupation of the applicant and, as such, have access to the books and records of the applicant and am authorised to make this affidavit on the applicant’s behalf].

2.       The statements made in paragraphs 1, 2 and 3 of the creditor’s petition are within my own knowledge true.

3.       In respect of the statements made in paragraph 4 of the creditor’s petition, I say the respondent failed, within 21 days after service of the bankruptcy notice, to pay the debt or make an arrangement to *my/*the applicant’s satisfaction for payment of the debt.

*Sworn/*affirmed at place

Before me:

signed, person before whom deponent swears or affirms affidavit

Note 1    If necessary, this affidavit, and any other affidavit verifying the petition, may be filed as a separate document in accordance with Form 20 of the Federal Court Rules with the heading prescribed by subrule 1.06 (3) of these Rules. If this affidavit is filed as a separate document, a copy of the petition must be attached to it.

Note 2    If the petition is founded on an act of bankruptcy mentioned in paragraph 40 (1) (d) of the Bankruptcy Act, the information required by rule 4.03 may be included in this affidavit (or, if an affidavit of the kind mentioned in Note 1 is filed, in that affidavit).

Note 3    If the petition is founded on an act of bankruptcy mentioned in paragraph 40 (1) (g) of the Bankruptcy Act, the information required by rule 4.04 may be included in this affidavit (or, if an affidavit of the kind mentioned in Note 1 is filed, in that affidavit).

*   Omit if inapplicable


 

 

Form 7         Sequestration order

(rule 4.08)

SEQUESTRATION ORDER

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

*JUDGE/*FEDERAL MAGISTRATE/*REGISTRAR:

DATE OF ORDER:

WHERE MADE:

THE COURT ORDERS THAT:

1.       A sequestration order be made against the estate of name of debtor .

2.       The applicant creditor’s costs be taxed and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966 .

The Court notes that the date of the act of bankruptcy is date .

Date entry stamped:                 

signed, Registrar

Registrar

‡Note

Subsection 35A (5) of the Act provides that a party to proceedings in which a Registrar has exercised any of the powers of the Court under subsection 35A (1) of the Act may, within the time prescribed by the Rules of Court, or within any further time allowed in accordance with the Rules of Court, apply to the Court to review that exercise of power.

Rule 2.03 provides that, subject to any direction by the Court or a Judge to the contrary, an application under subsection 35A (5) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 35A (1) of the Act must be made by motion on notice within 21 days after the day on which the power was exercised. An applicant seeking a review can apply to a Judge to waive the requirement that the application for review be made by motion on notice (see Order 1, rule 8 of the Federal Court Rules).

*   Omit if inapplicable

   Omit this note if the orders have not been made by a Registrar.


 

Form 8         Referral of debtor’s petition

(rule 5.01)

REFERRAL OF DEBTOR’S PETITION

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

The debtor name of debtor has presented a debtor’s petition to the Official Receiver.

Creditor’s petition No. number of year is pending against a number of debtors or a partnership and includes this debtor.

A copy of the debtor’s petition and statement of affairs is filed with this referral.

The Court is asked to give a direction to accept or reject the petition.

Date:

signed, Official Receiver

Official Receiver

NOTICE TO OFFICIAL RECEIVER, DEBTORS AND APPLICANT CREDITOR

This referral has been set down for hearing by the Court at:

Time and date: to be entered by Registry

Place: address of Court

Date:

signed, Registrar

Registrar


 

Form 9         Summons for examination

(rules 6.04, 6.09, 6.15)

SUMMONS FOR EXAMINATION

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

Time and date for examination: to be inserted by Registry

Place: address of Court

TO:    name and address of person summoned

1.       You are required to attend before *the Court/*a Registrar/*a magistrate at the time, date and place stated above to be examined on oath under * section 50/*section 81 of the Bankruptcy Act 1966 and to give evidence in relation to the examinable affairs of name of bankrupt or debtor .

2.       You are also required to attend at any time, date and place to which the examination is adjourned if you have been given written notice of that time, date and place.

3.       You are also required to bring the following books with you and produce them at the examination:

          list books required

Date:

signed, Registrar

Registrar

This summons was issued on the application of name of applicant , specify the capacity of the applicant under subsection 81 (1) of the Bankruptcy Act 1966, eg creditor, trustee , whose address for service is address .

*   Omit if inapplicable

Note 1    Subsection 5 (1) of the Bankruptcy Act 1966 defines examinable affairs , in relation to a person, to mean:

(a)   the person’s dealings, transactions, property and affairs; and

(b)   the financial affairs of an associated entity of the person, in so far as they are, or appear to be, relevant to the bankrupt or to any of his or her conduct, dealings, transactions, property and affairs.

Use the following note for a summons addressed to the bankrupt. Otherwise omit it .]

Note 2    If you do not comply with this summons, a warrant for your apprehension (arrest) may be issued under section 264B of the Bankruptcy Act 1966 .

[ Use the following notes for a summons addressed to a person who is not the bankrupt. Otherwise omit them.

Note 2    If you do not comply with this summons, a warrant for your apprehension (arrest) may be issued under section 264B of the Bankruptcy Act 1966 . However, a warrant will not be issued if you were not given a reasonable amount for expenses.

Note 3    You may apply to have this summons discharged by filing an interim application and supporting affidavit.


 

Form 10       Application for summons to examine relevant person or examinable person

(rules 6.07, 6.13)

APPLICATION FOR SUMMONS TO EXAMINE RELEVANT PERSON OR EXAMINABLE PERSON

Bankruptcy Act 1966 , section 81

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

On the grounds set out in the supporting affidavit, the applicant requests the *Court/*Registrar to issue a summons under section 81 of the Bankruptcy Act 1966 in accordance with the accompanying draft summons(es) to the following:

A.      Relevant person(s)

          *to give evidence:

          OR

          *to give evidence and produce documents:

          set out the name and address of each relevant person and, if appropriate, the details of the documents to be produced

B.      Examinable persons

          *to give evidence:

          OR

          *to give evidence and produce documents:

          set out the name and address of each examinable person and, if appropriate, the details of the documents to be produced

Date:

signed, applicant or applicant’s lawyer

*Applicant/*Applicant’s lawyer

*     Omit if inapplicable


 

Form 11       Notice to creditors of annulment application

(rule 7.03)

NOTICE TO CREDITORS OF ANNULMENT APPLICATION

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

I, name , *applicant/*applicant’s lawyer, give notice that name of debtor or person administering estate of deceased debtor will be applying for the annulment of the bankruptcy.

The application is to be heard at:

Time and date:    to be inserted by Registry

Place:    address of court

If a creditor wishes to take part in the hearing, the creditor must file and serve a notice of appearance at least 3 days before the hearing date stated above.

*     Omit if inapplicable


 

Form 12       Notice to creditors of application for review of Registrar’s decision to make sequestration order

(rule 7.06)

NOTICE TO CREDITORS OF APPLICATION FOR REVIEW OF REGISTRAR’S DECISION TO MAKE SEQUESTRATION ORDER

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

I, name , *applicant/*applicant’s lawyer, give notice that name of debtor or person administering estate of deceased debtor will be applying for review of the decision by Registrar name on date of decision to make a sequestration order against the estate of name of debtor .

The application is to be heard at:

Time and date:    to be inserted by Registry

Place:    address of court

If a creditor wishes to take part in the hearing, the creditor must file and serve a notice of appearance at least 3 days before the hearing date stated above.

*     Omit if inapplicable


 

Form 13       Notice to creditors

(rules 9.04, 10.04)

NOTICE TO CREDITORS

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

I, name , *applicant/*applicant’s lawyer, give notice that an application for state nature of application, including any application for sequestration order has been made to the Court by name of applicant , state the capacity of the applicant, eg creditor, debtor or trustee, and relevant section of the Bankruptcy Act 1966 .

The application is to be heard at:

Time and date:    to be inserted by Registry

Place:    address of court

Copies of the application and affidavits in support are available from the applicant at the address stated below.

If you wish to take part in the proceeding, a notice of appearance must be filed and served 3 days before the hearing.

*     Omit if inapplicable


 

Form 14       Applicant creditor’s petition for administration of deceased person’s estate

(rule 11.01)

APPLICANT CREDITOR’S PETITION FOR ADMINISTRATION OF DECEASED PERSON’S ESTATE

Bankruptcy Act 1966 , section 244

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant creditor(s)

Applicant creditor(s)

name of respondent debtor(s)

Respondent debtor(s)

NOTICE TO RESPONDENT

TO:    legal personal representative of the deceased respondent debtor or other person as directed by the Court under subsection 244 (9) of the Bankruptcy Act 1966

address

This petition has been set down for hearing by the Court at the time, date and place stated below. If you or your legal representative do not attend the Court at that time, the petition may be dealt with in your absence and an order made for the administration of the estate of the deceased respondent debtor.

If you wish to appear at the hearing, you must file and serve a notice of appearance.

If you wish to appear at the hearing and oppose this petition, you must:

(a)     enter an appearance in accordance with Form 4, and file a notice stating grounds of opposition to the petition in accordance with Form 5 and an affidavit supporting the grounds; and

(b)     serve a copy of each document on the applicant creditor at the address for service stated below not less than 3 days before the date for the hearing of this petition stated below; and

(c)     attend at the Court on the date for the hearing stated below.

Time and date for hearing: to be entered by Registry

Place: address of Court

Date:

signed, Registrar

Registrar

PETITION

The applicant creditor, name and address of creditor , applies to the Court for an order of administration in bankruptcy of the estate of the late name of deceased respondent debtor who died on date of death .

1.       The estate of the deceased respondent debtor owes the applicant creditor the amount of [$ amount ] for statement of reason for the debt . This debt is a liquidated sum payable immediately or at a certain future time.

2.       The applicant creditor does not hold security over the property of the deceased respondent debtor.

OR

The applicant creditor holds security over the property of the deceased respondent debtor to the value of [$ amount ] and consisting of statement of particulars of security , and:

(a)     is willing to surrender this security for the benefit of creditors generally if a sequestration order for administration of the estate in bankruptcy is made;

OR

(b)     the value of the property is [$  amount ], which leaves an unsecured debt of [$ amount ].

Note    If there is more than 1 creditor, this form may be appropriately amended.

3.       At the time of the respondent debtor’s death, the respondent debtor:

*(a)    was personally present in Australia ;

*(b)    was ordinarily resident in Australia ;

*(c)    had a dwelling house or place of business in Australia ;

*(d)    was carrying on business in Australia either personally or by an agent or manager;

*(e)    was a member of a firm or partnership carrying on business in Australia by means of partners or agent or manager.

4.       Also state any details of the status of any authorisation to administer the deceased person’s estate.

Date:

signed, petitioner or lawyer for petitioner

*Petitioner/*Petitioner’s lawyer

*    Omit if inapplicable


 

Form 15       Administrator’s petition

(rule 11.03)

ADMINISTRATOR’S PETITION

Bankruptcy Act 1966 , section 247

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

NOTICE TO RESPONDENT

TO:    legal personal representative of the deceased respondent debtor

address

This petition has been set down for hearing by the Court at the time, date and place stated below. If you or your legal representative do not attend the Court at that time, the petition may be dealt with in your absence and an order made for the administration of the estate of the deceased respondent debtor.

If you wish to appear at the hearing, you must file and serve a notice of appearance.

If you wish to appear at the hearing and oppose this petition, you must:

(a)     enter an appearance in accordance with Form 4, and file a notice stating grounds of opposition to the petition in accordance with Form 5 and an affidavit supporting the grounds; and

(b)     serve a copy of each document on the applicant creditor at the address for service stated below not less than 3 days before the date for the hearing of this petition stated below; and

(c)     attend at the Court on the date for the hearing stated below.

Time and date for hearing: to be entered by Registry

Place: address of Court

Date:

signed, Registrar

Registrar

PETITION

The applicant , name and address of administrator , applies to the Court for an order of administration in bankruptcy of the estate of the late name of the deceased person who died on date of death .

1.       The applicant is the administrator of the deceased debtor’s estate.

2.       The affairs of the deceased debtor and of my administration of the estate are set out in the documents accompanying this petition. To the best of my belief, it is a true and complete statement.

Not e   If there is more than 1 administrator, the form may be appropriately amended.

3.       At the time of the debtor’s death, the debtor:

*(a)    was personally present in Australia ;

*(b)    was ordinarily resident in Australia ;

*(c)    had a dwelling house or place of business in Australia ;

*(d)    was carrying on business in Australia either personally or by an agent or manager;

*(e)    was a member of a firm or partnership carrying on business in Australia by means of partners or agent or manager.

Date:

signed, petitioner

Petitioner

Before:

signature, name, address and occupation of witness

*     Omit if inapplicable


 

Form 16       Arrest warrant

(rule 12.01)

ARREST WARRANT

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

TO:    name of officer , a *member/*special member of the Australian Federal Police and to all other members and special members of the Australian Federal Police and to all constables of police throughout the Commonwealth and to the Governor or Keeper of Her Majesty’s Gaol at place and to the Governor or Keeper of any of Her Majesty’s Gaols within the Commonwealth.

BECAUSE of evidence taken on oath, the Court has reason to believe that name of debtor or bankrupt , against whom a bankruptcy notice has been issued, has absconded with a view to avoiding payment of *his/*her debts or otherwise as the case may be in accordance with the wording of section   78 of the Bankruptcy Act 1966 .

THIS warrant therefore requires and authorises you, name of officer , and all other constables to whom this warrant is addressed, to take name of debtor or bankrupt and to deliver *him/*her to the Governor or Keeper of Her Majesty’s Gaol at place , and you the Governor or Keeper are to receive name of debtor or bankrupt and keep *him/*her safely in the gaol and in your custody until the Court otherwise orders.

THIS warrant also requires and authorises you, name of officer , and all other constables to whom this warrant is addressed, to seize any property, books, documents, papers and writings in the possession of the *debtor/*bankrupt, and to deliver them into the custody of full name and address of person named in Court’s order to be kept by that person until the Court makes an order for their disposal.

Dated:

signed, Registrar

Registrar

*     Omit if inapplicable


 

Form 17       Apprehension warrant

(rule 12.02)

APPREHENSION WARRANT

Bankruptcy Act 1966 , section 264B

IN THE name of Court

REGISTRY: name of Registry

No.    of year

IN THE MATTER OF name of debtor or bankrupt estate

name of applicant(s)

Applicant(s)

name of respondent(s)

Respondent(s)

TO: name of officer , a *member/*special member of the Australian Federal Police and to all other members and special members of the Australian Federal Police and to all constables of police throughout the Commonwealth and to the Governor or Keeper of Her Majesty’s Gaol at place , and to the Governor or Keeper of any of Her Majesty’s Gaols within the Commonwealth.

BY summons dated date , and directed to full name and address of person named in summons , person named in summons was required to appear personally before *the Court/*a Registrar/*a Magistrate at time at address at which examination or other proceeding was to have been held , AND which summons was, as has been proved on oath, served on name of person on date .

AND a reasonable amount was tendered to name of person for expenses, AND, without reasonable excuse, the person failed to appear as required by the summons.

THIS warrant therefore requires and authorises you, name of officer , and all other constables to whom this warrant is addressed, to take name of person and bring *him/*her up for examination.

THIS warrant also requires and authorises you, if name of person cannot immediately be brought before *the Court/*a Registrar/*a Magistrate, to deliver *him/*her to the Governor or Keeper of Her Majesty’s Gaol at place and you the Governor or Keeper are to receive name of person and keep *him/*her safely in the gaol and in your custody until *the Court/*a Registrar/*a Magistrate otherwise orders, and you are to produce *him/*her before *the Court/*a Registrar/*a Magistrate as *the Court/*a Registrar/*a Magistrate directs.

THIS warrant also informs you, name of officer , and all other constables to whom this warrant is addressed, that subsection 264B (4) of the Bankruptcy Act 1966 empowers you to break and enter any place or building for the purpose of executing this warrant.

Dated:

signed, Registrar

Registrar

*     Omit if inapplicable

‡    Omit if the summons is to a relevant person under section 81 of the Bankruptcy Act 1966


 



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