Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 38.03

Application for order setting aside composition
(1)
This rule applies to an application for an order setting aside a composition.

(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 239 (1) of the Bankruptcy Act, that must be stated in the application.

(4)
The application must be accompanied by an affidavit stating the facts relied on to establish the relevant ground for making the order.

Note
The grounds for making the order are stated in subsection 239 (2) of the Bankruptcy Act.



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