Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 8.01

Objection to appointment of trustee

             (1)  An objection to the appointment of a person as a trustee filed under subsection 157(6) of the Bankruptcy Act must be accompanied by an affidavit stating the grounds in support of the objection.

             (2)  At least 28 days before the date fixed for the hearing of the objection, the creditor (the objecting creditor ) who filed the objection must serve the objection and supporting affidavit on the trustee and any petitioning creditor.

             (3)  At least 14 days before the date fixed for the hearing of the objection, the objecting creditor must serve the objection and supporting affidavit on each other person known to the objecting creditor to be a creditor of the bankrupt or a creditor of the estate of the deceased person.

Note:          If the Court cancels the appointment of a trustee and appoints another trustee, the creditor who filed the objection must give the Official Trustee written notice of the cancellation and appointment as soon as practicable: see subsection 157(7A) of the Bankruptcy Act.



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