Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Before the hearing of a creditor’s petition, the applicant creditor must file the affidavits required by this rule.
(2) The applicant must file an affidavit stating:
(a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and
(b) how the documents were served.
(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.