Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT (BANKRUPTCY) RULES 2006 (SLI NO 1 OF 2006) - REG 8.01

Objection to appointment of trustee (Bankruptcy Act s 157 (6))

         (1)   An application objecting to the appointment of a person as a trustee must be accompanied by an affidavit stating the grounds in support of the application.

         (2)   At least 28 days before the hearing date fixed for the application, the application and supporting affidavit must be served on the trustee and any petitioning creditor.

         (3)   At least 14 days before the hearing date fixed for the application, the application and supporting affidavit must be served on each other person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.

Note     Subsection 157 (7A) of the Bankruptcy Act provides that if the Court cancels the appointment of a trustee and appoints another trustee, the creditor who filed the objection must give the Official Trustee written notice of the cancellation and appointment as soon as practicable.



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