Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 31.04

Petition founded on failure to comply with bankruptcy notice or set up counter-claim etc

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

(a)
that an application was made for an order setting aside the relevant bankruptcy notice and that the application has been finally decided; or

(b)
that an application was made for an order extending the time to comply with the bankruptcy notice and that the application has been finally decided; or

(c)
that the Court records and the records of the Federal Court have been searched and that no application in relation to the bankruptcy notice has been made.

(2)
The affidavit must be accompanied by an affidavit of service of the relevant bankruptcy notice.

(3)
If an application mentioned in paragraph (1) (a) or (b) has been made, the affidavit must also be accompanied by a copy of the order finally deciding the application.



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