(1)

This rule applies to an application for an order declaring that a deed or composition, or that a provision of a deed, is void or is not 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 trustee or creditor who also seeks a sequestration order under subsection 222 (7) of the Bankruptcy Act, that must be stated in the application.

(4) The application must be accompanied by an affidavit stating:

(a)

the facts relied on to satisfy the relevant prerequisite for making the order; and

(b)

the facts relied on to establish the relevant ground for making the order.

Note 1
The prerequisites for making the order are stated in subsection 222 (6) of the Bankruptcy Act.
Note 2
The grounds for making the order are stated in subsection 222 (4) of the Bankruptcy Act.