(1) This rule applies to:

(a)

an application to set aside a bankruptcy notice; or

(b)

an application for an extension of the time for complying with a bankruptcy notice.

(2) An application must be accompanied by:

(a)

a copy of the bankruptcy notice; and

(b) an affidavit stating:

(i)

the grounds in support of the application; and

(ii)

the date when the bankruptcy notice was served on the applicant; and

(c)

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

(3) If the application is to set aside a bankruptcy notice on the ground that the debtor has a counter-claim, set-off or cross-demand mentioned in paragraph 40 (1) (g) of the Bankruptcy Act, the affidavit must also state:

(a)

the date when the bankruptcy notice was served on the debtor; and

(b)

the full details of the counter-claim, set-off or cross-demand; and

(c)

the amount of the counter-claim, set-off or cross-demand and the amount by which it exceeds the amount claimed in the bankruptcy notice; and

(d)

why the counter-claim, set-off or cross-demand was not raised in the proceeding that resulted in the judgment or order in relation to which the bankruptcy notice was issued.

(4)

The application and accompanying documents must be served on the respondent creditor within 3 days after the application is filed.