Commonwealth Numbered Regulations

FEDERAL MAGISTRATES COURT (BANKRUPTCY) RULES 2006 (SLI NO 1 OF 2006) - REG 3.02

         (1)   An application to set aside a bankruptcy notice must be accompanied by:

                (a)    a copy of the bankruptcy notice; and

               (b)    an affidavit stating:

                          (i)    the grounds in support of the application; and

                         (ii)    the date when the bankruptcy notice was served on the applicant; and

                (c)    a copy of any application to set aside the judgment or order in relation to which the bankruptcy notice was issued and any material in support of that application.

         (2)   If the application is based on the ground that the debtor has a counter-claim, set-off or cross demand mentioned in paragraph 40 (1) (g) of the Bankruptcy Act, the affidavit must also state:

                (a)    the full details of the counter-claim, set-off or cross demand; and

               (b)    the amount of the counter-claim, set-off or cross demand and the amount by which it exceeds the amount claimed in the bankruptcy notice; and

                (c)    why the counter-claim, set-off or cross demand was not raised in the proceeding that resulted in the judgment or order in relation to which the bankruptcy notice was issued.

         (3)   The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.