(1)

This rule applies to an application for an order terminating a debt agreement.

(2)

The application must be in accordance with the form of application set out in Part 1 of Schedule 2.

(3)

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

(4) The application must be accompanied by:

(a)

a copy of the debt agreement; and

(b)

an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order.

(5) At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:

(a)

the debtor; and

(b)

if the applicant is not the Official Trustee, the Official Receiver for the District in which the application is made.