Commonwealth Numbered Regulations

FEDERAL MAGISTRATES COURT (BANKRUPTCY) RULES 2006 (SLI NO 1 OF 2006) - REG 4.02

         (1)   A creditor’s petition must be in accordance with Form 6.

         (2)   The affidavit verifying the petition required by subsection 47 (1) of the Bankruptcy Act may be in accordance with the affidavit set out in Part 2 of Form 6.

         (3)   The petition must be accompanied by:

                (a)    sufficient copies of the petition for service and proof of service; and

               (b)    if the affidavit verifying the petition is not included in the petition in accordance with Part 2 of Form 6 — an affidavit of a person who knows the relevant facts verifying the petition; and

                (c)    if appropriate, the affidavits required by rule 4.04.

         (4)   If the petition is accompanied by an affidavit of a person who knows the relevant facts verifying the petition in accordance with paragraph (3) (b), a copy of the petition must be attached to the affidavit.