Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 40.01

Warrant for arrest of debtor or bankrupt
(1)
This rule applies to an application for the issue of a warrant for the arrest of a debtor or bankrupt.

(2) The application must:

(a)
be in accordance with the form of application set out in Part 1 of Schedule 2; and

(b)
state the grounds for the issue of the warrant.

(3)
The application must be accompanied by an affidavit stating the facts in support of the application.

(4)
A warrant for the arrest of a debtor or bankrupt must be in accordance with Form 159.

(5)
If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.



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