Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 37.02

Application for order declaring debt agreement void
(1)
This rule applies to an application for an order declaring that all, or a specified part, of a debt agreement is void.

(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 185T (4) 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 establish the relevant ground for applying for the order.

Note
The grounds for applying for the order are stated in subsection 185T (2) of the Bankruptcy Act.

(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.



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