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FEDERAL MAGISTRATES COURT (BANKRUPTCY) RULES 2006 (SLI NO 1 OF 2006) - REG 3.03

Extension of time for compliance with bankruptcy notice (Bankruptcy Act s 41 (6A) and (6C))

         (1)   An application for an extension of time for compliance with 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)   The application may be made in the absence of a party.

         (3)   If an order extending the time for compliance with a bankruptcy notice is made, the following documents must be served on the respondent creditor within 3 days after the order is made:

                (a)    the application;

               (b)    the order;

                (c)    the supporting documents.

         (4)   The application need be heard in open court only if it is for an extension of time to a date after the first court date.

   



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