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FEDERAL MAGISTRATES COURT (BANKRUPTCY) RULES 2006 (SLI NO 1 OF 2006) - REG 4.06

Additional affidavits to be filed before hearing

         (1)   Before the hearing of a creditor’s petition, the applicant creditor must file the affidavits required by this rule.

         (2)   The applicant creditor must file an affidavit that:

                (a)    states that the documents required to be served under rule 4.05 have been served and when and how they were served; and

               (b)    has attached to it a copy of the documents that were served and proof of service in relation to the documents.

         (3)   The applicant creditor must file an affidavit of a person who has searched, or caused a search to be made, 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 debtor; and

               (b)    states that there were no details of a debt agreement, in relation to the debt on which the applicant creditor relies, in the Index on the day when the petition was presented; and

                (c)    has attached to it a copy of the relevant extract of the Index.

         (4)   The applicant creditor must file an affidavit of a person who knows the relevant facts that:

                (a)    was sworn as soon as practicable before the hearing date for the petition; and

               (b)    states that each debt on which the applicant creditor relies is still owing.

         (5)   The applicant creditor must file a search affidavit if the debt stated in the petition is an amount payable to the applicant creditor under a judgment of a court that ordered the amount to be paid into the court.

         (6)   In subrule (5):

"search affidavit" , in relation to a petition stating a debt ordered to be paid into a court, means an affidavit of a person who has searched in the proper office of the court, not earlier than the day before the hearing date for the petition, stating whether the amount of the debt, or part of that amount, has been paid as ordered.



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