Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 4.02

Requirements for creditor's petition and supporting affidavit

             (1)  For subsection 47(1A) of the Bankruptcy Act, a creditor's petition must be in accordance with Form B6.

             (2)  The affidavit (the verifying affidavit ) verifying the petition required by subsection 47(1) of the Bankruptcy Act must:

                     (a)  be included in the petition in accordance with Form B6; or

                     (b)  accompany the petition.

             (3)  The petition must also be accompanied by any affidavits relating to the petition required by rule 4.04.

             (4)  Unless the petition is faxed, or sent by electronic communication, to a Registry for filing, the petition must also be accompanied by sufficient copies of the petition for service and proof of service.

             (5)  If the petition is accompanied by the verifying affidavit in accordance with paragraph (2)(b), a copy of the petition must be attached to the verifying affidavit.



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