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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 3.03

Extension of time for compliance with bankruptcy notice

             (1)  An application for an extension of time, under subsection 41(6A) of the Bankruptcy Act, for compliance with a bankruptcy notice must be accompanied by an affidavit stating:

                     (a)  the grounds in support of the application; and

                     (b)  the date when the bankruptcy notice was served on the applicant.

Note:          See also subsection 41(6C) of the Bankruptcy Act.

             (2)  The following must be attached to the affidavit:

                     (a)  a copy of the bankruptcy notice;

                     (b)  a copy of any application to set aside a judgment or order in relation to which the bankruptcy notice was issued and any material in support of that application.

             (3)  The application may be made in the absence of a party.

             (4)  The application need be heard in open court only if it is for an extension of time to a date after the first directions hearing.

             (5)  If, on application, the Court extends the time for compliance with the bankruptcy notice, the following documents must be served on the respondent creditor within 3 days after the order is made:

                     (a)  the application;

                     (b)  the supporting affidavit;

                     (c)  the order.

   



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