Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 10.02

Requirements for application

             (1)  An application must be accompanied by an affidavit stating the facts relied on to establish the relevant ground for making the order.

Note:          The grounds for making the order are stated in subsections 222(1), (2) and (5) and subsection 222C(1) of the Bankruptcy Act.

             (2)  The affidavit accompanying an application for an order under subsection 222(2) of the Bankruptcy Act must also state the facts relied on to satisfy the prerequisite in subsection 222(4) of that Act for making the order.

             (3)  The affidavit accompanying an application for an order under subsection 222(5) of the Bankruptcy Act must also state the facts relied on to satisfy the prerequisite in subsection 222(7) of that Act for making the order.

             (4)  If an application is made by a trustee or creditor who also seeks a sequestration order in accordance with subsection 222(10) or 222C(5) of the Bankruptcy Act, that must be stated in the application.



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