Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 31.03

Petition founded on issue of execution against debtor

(1) If the petition is founded on an act of bankruptcy mentioned in paragraph 40 (1) (d) of the Bankruptcy Act, the affidavit verifying the petition must state:

(a)
that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or

(b)
that the writ or warrant of execution relating to the act of bankruptcy has been returned unsatisfied.

(2)
If paragraph (1) (b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.



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