Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 13.02

Application of Division 13.2

             (1)  This Division makes provision in relation to the costs that may be charged by a lawyer for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy specified in paragraph 40(1)(g) of the Bankruptcy Act.

             (2)  This Division does not apply if the Court fixes the amount of the costs.

Note:          A debtor commits an act of bankruptcy under paragraph 40(1)(g) of the Act if the debtor does not:

(a)    comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or

(b)    satisfy the Court that he or she has a counter-claim, set-off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.



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