- (1)
- Before the hearing of a petition, the applicant creditor must file the
affidavits required by this rule.
(2) The applicant must file an affidavit
stating that the following documents have been served on the legal personal
representative of the deceased person, or on someone else directed by the
Court, and how they were served:
- (a)
- the petition;
- (b)
- the affidavit verifying the petition;
- (c)
- any consent to act as trustee lodged under section 156A of the
Bankruptcy Act.
(3) The applicant must file an affidavit of a person who knows the relevant
facts that:
- (a)
- was sworn not earlier than the day before the hearing date
for the petition; and
- (b)
- states that each debt on which the applicant creditor relies is still
owing.
(4) The applicant must file an affidavit of a person who has searched in the
National Personal Insolvency Index no earlier than the day before the hearing
date for the petition that:
- (a)
- sets out the details of any references in
the Index to the deceased person; and
- (b)
- states that there were no details of a debt agreement, in relation to the
debt on which the applicant relies, in the Index on the day on which the
petition was presented; and
- (c)
- has attached to it a copy of the relevant extract of the Index.
- (5)
- If a proceeding has been commenced in a court for the administration of
the deceased person's estate under a State or Territory law, the applicant
creditor must file an affidavit of a person who knows the relevant facts
setting out details of the proceeding.