Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 5.01

Referral of debtor's petition

             (1)  A referral of a debtor's petition to the Court by the Official Receiver under subsection 55(3B), 56C(1) or 57(3B) of the Bankruptcy Act must be in accordance with Form B8.

             (2)  On receiving a referral, a Registrar must fix a time, date and place for the hearing of the referral.

             (3)  At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:

                     (a)  each debtor who presented the debtor's petition; and

                     (b)  for each creditor's petition of the kind referred to in subsection 55(3B), 56C(1) or 57(3B) of the Bankruptcy Act:

                              (i)  each debtor against whom the creditor's petition was made; and

                             (ii)  each creditor who presented the creditor's petition; and

                     (c)  if subsection 56C(4) of the Bankruptcy Act applies to the debtor's petition--the person administering the relevant proclaimed law.

             (4)  The notice required by subrule (3) must be in accordance with the notice set out in Form B8.



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