Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 9.02

Requirements for application

             (1)  An application for an order terminating a debt agreement must be accompanied by an affidavit stating the facts relied on to satisfy the relevant prerequisite in subsection 185Q(4) of the Bankruptcy Act for making the order.

             (2)  An application for an order declaring that all, or a specified part, of a debt agreement is void must be accompanied by an affidavit stating the facts relied on to establish the relevant ground in subsection 185T(2) of the Bankruptcy Act for applying for the order.

             (3)  A copy of the debt agreement must be attached to the affidavit referred to in subrule (1) or (2).

             (4)  If an application is made by a creditor who also seeks a sequestration order in accordance with subsection 185Q(2) or 185T(4) of the Bankruptcy Act, that must be stated in the application.



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