{"id":"F2006L00313","name":"Federal Circuit Court (Bankruptcy) Rules 2006","slug":"federal-circuit-court-bankruptcy-rules-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"1 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":116904,"registerId":"commonwealth-F2006L00313-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n","sortOrder":0},{"sectionNumber":"1.01","sectionType":"section","heading":"Name of Rules","content":"## 1.01 Name of Rules\n\n","sortOrder":1},{"sectionNumber":"1.02","sectionType":"section","heading":"Commencement","content":"## 1.02 Commencement\n\n","sortOrder":2},{"sectionNumber":"1.02A","sectionType":"section","heading":"Authority 1.02A Authority","content":"## 1.02A Authority 1.02A Authority\n\n","sortOrder":3},{"sectionNumber":"1.03","sectionType":"section","heading":"Application of these Rules and other rules of the Court","content":"## 1.03 Application of these Rules and other rules of the Court\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n","sortOrder":4},{"sectionNumber":"1.04","sectionType":"section","heading":"Interpretation","content":"## 1.04 Interpretation\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n","sortOrder":5},{"sectionNumber":"1.05","sectionType":"section","heading":"Expressions used in the Bankruptcy Act","content":"## 1.05 Expressions used in the Bankruptcy Act\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n","sortOrder":6},{"sectionNumber":"1.06","sectionType":"section","heading":"Forms","content":"## 1.06 Forms\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n","sortOrder":7},{"sectionNumber":"Part Part 2","sectionType":"part","heading":"General","content":"## Part 2 General\n\n","sortOrder":8},{"sectionNumber":"2.01","sectionType":"section","heading":"Originating application and interim application","content":"## 2.01 Originating application and interim application\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n","sortOrder":9},{"sectionNumber":"2.02","sectionType":"section","heading":"Exercise of powers by Registrars","content":"## 2.02 Exercise of powers by Registrars\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n","sortOrder":10},{"sectionNumber":"2.03","sectionType":"section","heading":"Review of exercise of powers by Registrars","content":"## 2.03 Review of exercise of powers by Registrars\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n","sortOrder":11},{"sectionNumber":"2.04","sectionType":"section","heading":"Leave to be heard","content":"## 2.04 Leave to be heard\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n","sortOrder":12},{"sectionNumber":"2.05","sectionType":"section","heading":"Appearance at application or examination","content":"## 2.05 Appearance at application or examination\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n","sortOrder":13},{"sectionNumber":"2.06","sectionType":"section","heading":"Opposition to application, interim application or petition","content":"## 2.06 Opposition to application, interim application or petition\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n","sortOrder":14},{"sectionNumber":"Part Part 3","sectionType":"part","heading":"Bankruptcy notices","content":"## Part 3 Bankruptcy notices\n\n","sortOrder":15},{"sectionNumber":"3.01","sectionType":"section","heading":"Substituted service","content":"## 3.01 Substituted service\n\n","sortOrder":16},{"sectionNumber":"3.02","sectionType":"section","heading":"Setting aside bankruptcy notice (Bankruptcy Act s 41(6A), (6C) and (7))","content":"## 3.02 Setting aside bankruptcy notice (Bankruptcy Act s 41(6A), (6C) and (7))\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n","sortOrder":17},{"sectionNumber":"3.03","sectionType":"section","heading":"Extension of time for compliance with bankruptcy notice (Bankruptcy Act s 41(6A) and (6C))","content":"## 3.03 Extension of time for compliance with bankruptcy notice (Bankruptcy Act s 41(6A) and (6C))\n\n    (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.\n  (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:\n  (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.\n\n","sortOrder":18},{"sectionNumber":"Part Part 4","sectionType":"part","heading":"Creditors' petitions","content":"## Part 4 Creditors’ petitions\n\n","sortOrder":19},{"sectionNumber":"4.01","sectionType":"section","heading":"Application of Part 4","content":"## 4.01 Application of Part 4\n\n","sortOrder":20},{"sectionNumber":"4.02","sectionType":"section","heading":"Requirements for creditor's petition and supporting affidavit (Bankruptcy Act s 47)","content":"## 4.02 Requirements for creditor’s petition and supporting affidavit (Bankruptcy Act s 47)\n\n  (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.\n    (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\n  (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.\n\n","sortOrder":21},{"sectionNumber":"4.03","sectionType":"section","heading":"Creditor's petition founded on issue of execution against debtor (Bankruptcy Act s 40(1)(d))","content":"## 4.03 Creditor’s petition founded on issue of execution against debtor (Bankruptcy Act s 40(1)(d))\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n","sortOrder":22},{"sectionNumber":"4.04","sectionType":"section","heading":"Creditor's petition founded on failure to comply with bankruptcy notice etc (Bankruptcy Act s 40(1)(g))","content":"## 4.04 Creditor’s petition founded on failure to comply with bankruptcy notice etc (Bankruptcy Act s 40(1)(g))\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n","sortOrder":23},{"sectionNumber":"4.05","sectionType":"section","heading":"Documents to be served","content":"## 4.05 Documents to be served\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n","sortOrder":24},{"sectionNumber":"4.06","sectionType":"section","heading":"Additional affidavits to be filed before hearing","content":"## 4.06 Additional affidavits to be filed before hearing\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n","sortOrder":25},{"sectionNumber":"4.07","sectionType":"section","heading":"Fax copy may be filed in certain cases","content":"## 4.07 Fax copy may be filed in certain cases\n\n","sortOrder":26},{"sectionNumber":"4.08","sectionType":"section","heading":"Notification and entry of sequestration order","content":"## 4.08 Notification and entry of sequestration order\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n","sortOrder":27},{"sectionNumber":"4.09","sectionType":"section","heading":"Entry of order for dismissal etc of creditor's petition","content":"## 4.09 Entry of order for dismissal etc of creditor’s petition\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n","sortOrder":28},{"sectionNumber":"4.10","sectionType":"section","heading":"Service of order","content":"## 4.10 Service of order\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n","sortOrder":29},{"sectionNumber":"Part Part 5","sectionType":"part","heading":"Debtors' petitions","content":"## Part 5 Debtors’ petitions\n\n","sortOrder":30},{"sectionNumber":"5.01","sectionType":"section","heading":"Referral of debtor's petition","content":"## 5.01 Referral of debtor’s petition\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n","sortOrder":31},{"sectionNumber":"Part Part 6","sectionType":"part","heading":"Examinations","content":"## Part 6 Examinations\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":32},{"sectionNumber":"Div Division 6.1","sectionType":"division","heading":"Interpretation","content":"## Division 6.1 Interpretation\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":33},{"sectionNumber":"6.01","sectionType":"section","heading":"Definition for Part 6","content":"## 6.01 Definition for Part 6\n\n","sortOrder":34},{"sectionNumber":"Div Division 6.2","sectionType":"division","heading":"Examination of debtor or examinable person","content":"## Division 6.2 Examination of debtor or examinable person\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":35},{"sectionNumber":"6.02","sectionType":"section","heading":"Application for summons (Bankruptcy Act s 50)","content":"## 6.02 Application for summons (Bankruptcy Act s 50)\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n","sortOrder":36},{"sectionNumber":"6.03","sectionType":"section","heading":"Hearing of application","content":"## 6.03 Hearing of application\n\n","sortOrder":37},{"sectionNumber":"6.04","sectionType":"section","heading":"Requirements for summons","content":"## 6.04 Requirements for summons\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n","sortOrder":38},{"sectionNumber":"6.05","sectionType":"section","heading":"Service of summons","content":"## 6.05 Service of summons\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n","sortOrder":39},{"sectionNumber":"6.06","sectionType":"section","heading":"Application for discharge of summons","content":"## 6.06 Application for discharge of summons\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n","sortOrder":40},{"sectionNumber":"Div Division 6.3","sectionType":"division","heading":"Examination of relevant person","content":"## Division 6.3 Examination of relevant person\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":41},{"sectionNumber":"6.07","sectionType":"section","heading":"Application for summons (Bankruptcy Act s 81)","content":"## 6.07 Application for summons (Bankruptcy Act s 81)\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n","sortOrder":42},{"sectionNumber":"6.08","sectionType":"section","heading":"Hearing of application","content":"## 6.08 Hearing of application\n\n","sortOrder":43},{"sectionNumber":"6.09","sectionType":"section","heading":"Requirements for summons","content":"## 6.09 Requirements for summons\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n","sortOrder":44},{"sectionNumber":"6.10","sectionType":"section","heading":"Service of summons","content":"## 6.10 Service of summons\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n","sortOrder":45},{"sectionNumber":"6.11","sectionType":"section","heading":"Failure to attend examination","content":"## 6.11 Failure to attend examination\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n","sortOrder":46},{"sectionNumber":"6.12","sectionType":"section","heading":"Discharge of summons on application","content":"## 6.12 Discharge of summons on application\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n","sortOrder":47},{"sectionNumber":"Div Division 6.4","sectionType":"division","heading":"Examination of examinable person","content":"## Division 6.4 Examination of examinable person\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":48},{"sectionNumber":"6.13","sectionType":"section","heading":"Application for summons (Bankruptcy Act s 81)","content":"## 6.13 Application for summons (Bankruptcy Act s 81)\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n","sortOrder":49},{"sectionNumber":"6.14","sectionType":"section","heading":"Hearing of application","content":"## 6.14 Hearing of application\n\n","sortOrder":50},{"sectionNumber":"6.15","sectionType":"section","heading":"Requirements for summons","content":"## 6.15 Requirements for summons\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n","sortOrder":51},{"sectionNumber":"6.16","sectionType":"section","heading":"Service of summons","content":"## 6.16 Service of summons\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n","sortOrder":52},{"sectionNumber":"6.17","sectionType":"section","heading":"Discharge of summons on application","content":"## 6.17 Discharge of summons on application\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n","sortOrder":53},{"sectionNumber":"6.18","sectionType":"section","heading":"Conduct money and witnesses expenses","content":"## 6.18 Conduct money and witnesses expenses\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n","sortOrder":54},{"sectionNumber":"Part Part 7","sectionType":"part","heading":"Annulment or review of bankruptcy","content":"## Part 7 Annulment or review of bankruptcy\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":55},{"sectionNumber":"Div Division 7.1","sectionType":"division","heading":"Annulment of bankruptcy","content":"## Division 7.1 Annulment of bankruptcy\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":56},{"sectionNumber":"7.01","sectionType":"section","heading":"Application of Division 7.1","content":"## 7.01 Application of Division 7.1\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n","sortOrder":57},{"sectionNumber":"7.02","sectionType":"section","heading":"Requirements for application","content":"## 7.02 Requirements for application\n\n","sortOrder":58},{"sectionNumber":"7.03","sectionType":"section","heading":"Notice to creditors","content":"## 7.03 Notice to creditors\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n","sortOrder":59},{"sectionNumber":"7.04","sectionType":"section","heading":"Report by trustee","content":"## 7.04 Report by trustee\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n","sortOrder":60},{"sectionNumber":"7.05","sectionType":"section","heading":"Entry and service of annulment order","content":"## 7.05 Entry and service of annulment order\n\n","sortOrder":61},{"sectionNumber":"Div Division 7.2","sectionType":"division","heading":"Review of sequestration order","content":"## Division 7.2 Review of sequestration order\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":62},{"sectionNumber":"7.06","sectionType":"section","heading":"Review of Registrar's decision","content":"## 7.06 Review of Registrar’s decision\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n","sortOrder":63},{"sectionNumber":"Part Part 8","sectionType":"part","heading":"Trustees","content":"## Part 8 Trustees\n\n","sortOrder":64},{"sectionNumber":"8.01","sectionType":"section","heading":"Objection to appointment of trustee (Bankruptcy Act s 157(6))","content":"## 8.01 Objection to appointment of trustee (Bankruptcy Act s 157(6))\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n","sortOrder":65},{"sectionNumber":"8.02","sectionType":"section","heading":"Resignation or release of trustee (Bankruptcy Act ss 180, 183)","content":"## 8.02 Resignation or release of trustee (Bankruptcy Act ss 180, 183)\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n","sortOrder":66},{"sectionNumber":"Part Part 9","sectionType":"part","heading":"Debt agreements","content":"## Part 9 Debt agreements\n\n","sortOrder":67},{"sectionNumber":"9.01","sectionType":"section","heading":"Application of Part 9","content":"## 9.01 Application of Part 9\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n","sortOrder":68},{"sectionNumber":"9.02","sectionType":"section","heading":"Requirements for application","content":"## 9.02 Requirements for application\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n","sortOrder":69},{"sectionNumber":"9.03","sectionType":"section","heading":"Service","content":"## 9.03 Service\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n","sortOrder":70},{"sectionNumber":"9.04","sectionType":"section","heading":"Notice to creditors","content":"## 9.04 Notice to creditors\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n","sortOrder":71},{"sectionNumber":"9.05","sectionType":"section","heading":"Entry and service of order","content":"## 9.05 Entry and service of order\n\n","sortOrder":72},{"sectionNumber":"Part Part 10","sectionType":"part","heading":"Personal insolvency agreements","content":"## Part 10 Personal insolvency agreements\n\n","sortOrder":73},{"sectionNumber":"10.01","sectionType":"section","heading":"Application of Part 10","content":"## 10.01 Application of Part 10\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n","sortOrder":74},{"sectionNumber":"10.02","sectionType":"section","heading":"Requirements for application","content":"## 10.02 Requirements for application\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n","sortOrder":75},{"sectionNumber":"10.03","sectionType":"section","heading":"Service","content":"## 10.03 Service\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n","sortOrder":76},{"sectionNumber":"10.04","sectionType":"section","heading":"Notice to creditors","content":"## 10.04 Notice to creditors\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n","sortOrder":77},{"sectionNumber":"10.05","sectionType":"section","heading":"Entry of order","content":"## 10.05 Entry of order\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n","sortOrder":78},{"sectionNumber":"Part Part 11","sectionType":"part","heading":"Administration of estates of deceased persons","content":"## Part 11 Administration of estates of deceased persons\n\n","sortOrder":79},{"sectionNumber":"11.01","sectionType":"section","heading":"Creditor's petition (Bankruptcy Act s 244)","content":"## 11.01 Creditor’s petition (Bankruptcy Act s 244)\n\n","sortOrder":80},{"sectionNumber":"11.02","sectionType":"section","heading":"Additional affidavits to be filed before hearing of creditor's petition","content":"## 11.02 Additional affidavits to be filed before hearing of creditor’s petition\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n","sortOrder":81},{"sectionNumber":"11.03","sectionType":"section","heading":"Administrator's petition (Bankruptcy Act s 247)","content":"## 11.03 Administrator’s petition (Bankruptcy Act s 247)\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n","sortOrder":82},{"sectionNumber":"11.04","sectionType":"section","heading":"Entry of order","content":"## 11.04 Entry of order\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n","sortOrder":83},{"sectionNumber":"Part Part 12","sectionType":"part","heading":"Warrants","content":"## Part 12 Warrants\n\n","sortOrder":84},{"sectionNumber":"12.01","sectionType":"section","heading":"Arrest of debtor or bankrupt (Bankruptcy Act s 78)","content":"## 12.01 Arrest of debtor or bankrupt (Bankruptcy Act s 78)\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n","sortOrder":85},{"sectionNumber":"12.02","sectionType":"section","heading":"Apprehension of person failing to attend Court (Bankruptcy Act s 264B(1))","content":"## 12.02 Apprehension of person failing to attend Court (Bankruptcy Act s 264B(1))\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n","sortOrder":86},{"sectionNumber":"Part Part 13","sectionType":"part","heading":"Costs","content":"## Part 13 Costs\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":87},{"sectionNumber":"Div Division 13.1","sectionType":"division","heading":"Orders for costs","content":"## Division 13.1 Orders for costs\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":88},{"sectionNumber":"13.01","sectionType":"section","heading":"Basis for costs","content":"## 13.01 Basis for costs\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n","sortOrder":89},{"sectionNumber":"Div Division 13.2","sectionType":"division","heading":"Short form bills of costs","content":"## Division 13.2 Short form bills of costs\n\n  (2) The other rules of the Court apply, so far as they are not inconsistent with these Rules, to a proceeding to which the Bankruptcy Act applies.\n\n  (2) Unless the contrary intention appears, an expression used in these Rules and in the Dictionary to the Federal Circuit Court Rules 2001 has the same meaning in these Rules as it has in the Dictionary.\n\n  Unless the contrary intention appears, an expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.\n\n  (1) In these Rules, a reference to a form followed by a number is a reference to the form so numbered in Schedule 1 to these Rules.\n  (2) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with a form in Schedule 1 if the document is substantially in accordance with the form required or has only such variations as the nature of the case requires.\n  (3) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form 1.\n\n  (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:\n    (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form 2; and\n  (2) If final relief has been granted in relation to a proceeding, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form 3 unless the Court otherwise directs.\n    (a) each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, under which the proceeding is brought; and\n    (a) if appropriate, each section of the Bankruptcy Act, or each regulation of the Bankruptcy Regulations, or each rule of Court under which the application is made; and\n\n> Note: Each application and appeal mentioned below must be commenced by filing an application in accordance with Form 2. The list is not exhaustive.\n\n    (b) an application, under section 50 of the Bankruptcy Act, for the issue of a summons to a debtor, or an examinable person in relation to the debtor, about the debtor and the debtor’s examinable affairs;\n    (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt;\n    (d) an appeal, under subsection 82(5) of the Bankruptcy Act, against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy;\n    (f) an application, under subsection 157(6) of the Bankruptcy Act, objecting to the appointment of a person as a trustee;\n    (g) an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act, allowing or disallowing a bill of costs or charges, or an item in such a bill;\n    (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a trustee’s resignation from the office of trustee of an estate;\n    (k) an application, under section 185T of the Bankruptcy Act, for an order declaring that all, or a specified part, of a debt agreement is void;\n    (m) an application, under section 222 of the Bankruptcy Act (as applied by section 76B of that Act), for an order setting aside a composition or scheme of arrangement;\n    (o) an application, under section 222C of the Bankruptcy Act (as applied by section 76B of that Act), for an order terminating a composition or scheme of arrangement;\n    (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person.\n\n  For the purposes of paragraph 102(2)(i) of the Act, if the Court so directs, a Registrar may exercise a power of the Court under a provision of the Bankruptcy Act mentioned in Schedule 2.\n\n  (1) Subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised.\n  (2) An application under paragraph 104(4)(b) of the Act may be made orally to the Registrar at the time that the Registrar is hearing the application for the exercise of a power mentioned in subsection 102(2), or in a delegation under subsection 103(1), of the Act.\n\n  (4) The Court may also order that the person is not to be further heard in the proceeding until the costs are paid or secured to the Court’s satisfaction.\n  (5) The Court may grant leave or make an order under this rule on the Court’s own initiative or on the application of a party or another person having an interest in the proceeding.\n\n  (1) A person who intends to appear at the hearing of an application or petition, or take part in an examination, must file a notice of appearance in accordance with Form 4.\n  (2) Rule 10.02 of the Federal Circuit Court Rules 2001 (adjournment of first court date) does not apply to the hearing date fixed for a creditor’s petition.\n\n  (2) A person who intends to oppose an application or petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing:\n\n    (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.\n  (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:\n    (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\n    (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.\n  (3) The application and supporting documents must be served on the respondent creditor within 3 days after the application is filed.\n\n    (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.\n  (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:\n  (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.\n\n  (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.\n    (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\n  (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.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition must state:\n    (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or\n  (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.\n\n  (1) If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:\n    (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or\n    (ii) that an application was made in the Court or in the Federal Court, as applicable, for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or\n    (iii) that an application was made in the Court or in the Federal Court, as applicable, for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and\n  (2) If an application mentioned in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit required by paragraph (1)(a).\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor’s petition, the applicant creditor must serve on the respondent debtor:\n    (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and\n\n    (a) states that the documents required to be served under rule 4.05 have been served and when and how they were served; and\n  (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:\n    (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:\n  (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.\n\n> 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.\n\n    (b) within 2 days after the order is made, give a copy of the sequestration order to any person who has consented to act as a trustee.\n  (3) If the order is not entered at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 52(1A) of the Bankruptcy Act provides that the creditor who obtained the sequestration order must give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.\n\n    (a) if the order is not entered at the time the order is made—request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001 as soon as practicable; and\n\n    (a) any person who has consented to act as the trustee of the debtor’s estate under section 156A of the Bankruptcy Act; and\n\n  (1) A referral to the Court by the Official Receiver of a debtor’s petition, for a direction to accept or reject the petition, must be in accordance with Form 8.\n\n> Note: For the circumstances in which the Official Receiver must refer a debtor’s petition to the Court for a direction to accept or reject the petition, see subsection 55(3B), section 56C and subsection 57(3B) of the Bankruptcy Act.\n\n  (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:\n\n  (1) An application to the Court for a debtor, or an examinable person in relation to the debtor, to be summoned for examination must be accompanied by an affidavit complying with this rule.\n    (b) if that person is an examinable person in relation to a debtor, the debtor in relation to whom the examination is to be conducted.\n  (4) The affidavit must state whether the applicant has made any inquiries about the issues to be dealt with at the proposed examination and, if so, set out details of the inquiries, including:\n    (a) any request to the person to be examined to provide information about the debtor’s affairs or produce books for inspection; and\n    (b) if a request to provide information or produce books has been made and complied with (including partly), details of the compliance; and\n    (c) if a request to provide information or produce books has been made and not complied with, details of the failure to comply; and\n\n  (3) If the summons requires the debtor, or examinable person in relation to the debtor, to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) A debtor or an examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the debtor or examinable person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for a relevant person to be summoned for examination in relation to the person’s bankruptcy must be in accordance with Form 10.\n    (ii) if the summons is to require the relevant person to produce books at the examination, the books that are to be produced.\n\n> Note: A relevant person may be required to produce books at an examination that are in the possession of the person and relate to the person or to any of the person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n> Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.\n\n  (1) A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:\n\n  (1) An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.\n  (2) A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.\n\n> Note: An examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person’s examinable affairs—see subsection 81(1B) of the Bankruptcy Act.\n\n  (5) If the supporting affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked “Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n    (b) if the affidavit is so marked—the accompanying explanation must state that the affidavit is a “confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966”.\n\n  (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.\n\n    (b) give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom the applicant has knowledge.\n\n  (1) An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:\n  (2) As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:\n\n  (1) A person (other than a relevant person) who, in accordance with a summons, attends an examination to give evidence or produce documents is entitled to be paid:\n    (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and\n  (3) The expenses mentioned in paragraph (1)(a) must be paid a reasonable time before the person is to attend the examination.\n\n> conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person’s reasonable expenses of attending an examination and returning after so attending.\n\n    (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.\n\n  (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt or a creditor of the estate of the deceased person.\n  (3) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n\n  (1) If directed by the Court, the trustee must prepare a report for the periods before and after the bankruptcy or the administration of the estate of the deceased person.\n  (3) If the report is in relation to the estate of a deceased person, the report must include information about the administration of the deceased person’s estate.\n\n  (1) This rule applies in relation to an application for review of a decision by a Registrar to make a sequestration order against the estate of a debtor (the bankrupt).\n  (3) The applicant must give notice of the application to each person known to the applicant to be a creditor of the bankrupt.\n  (5) The applicant must serve the notice on each creditor at least 7 days before the hearing date fixed for the application.\n  (6) If directed by the Court, the trustee must prepare a report in relation to the bankrupt in accordance with rule 7.04.\n\n  (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.\n  (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.\n  (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.\n\n> 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.\n\n  (1) An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:\n    (i) a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and\n\n    (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.\n\n  (1) If the application is made by a creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order terminating a debt agreement—an affidavit stating the facts relied on to satisfy the relevant prerequisite for making the order; and\n    (c) if the application is for an order declaring that all, or a specified part, of a debt agreement is void—an affidavit stating the facts relied on to establish the relevant ground for applying for the order.\n\nNote 1: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (b) are set out in subsection 185Q(4) of the Bankruptcy Act.\n\nNote 2: For paragraph (c), the grounds for applying for an order of the kind mentioned in paragraph (c) are stated in subsection 185T(2) of the Bankruptcy Act.\n\n  At least 5 days before the date fixed for the hearing of the application, the application and each supporting document must be served on:\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor known to the applicant.\n\n    (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;\n    (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.\n\n  (1) If the application is made by a trustee or creditor who also seeks a sequestration order, that must be stated in the application.\n    (b) if the application is for an order under subsection 222(2) or (5)—the facts relied on to satisfy the relevant prerequisite for making the order.\n\nNote 1: For paragraph (a), the grounds for making an order to which this Part applies are stated in subsections 222(1), (2) and (5) and section 222C of the Bankruptcy Act.\n\nNote 2: For paragraph (b), the prerequisites for making an order of the kind mentioned in paragraph (2)(b) are stated in subsections 222(4) and (7) of the Bankruptcy Act.\n\n  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of the application, the application and supporting affidavit must be served on:\n\n> Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.\n\n  (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor’s statement of affairs.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n    (a) that the petition, the affidavit verifying the petition, and any consent to act as trustee filed under section 156A of the Bankruptcy Act, have been served on the legal personal representative of the deceased person or on someone else directed by the Court; and\n  (4) The applicant must file an affidavit of a person who has searched in the National Personal Insolvency Index no earlier than the day before the hearing date for the petition that:\n    (b) states that there were no details of a debt agreement, in relation to the debt on which the applicant relies, in the Index on the day on which the petition was presented; and\n  (5) If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.\n\n  A petition by a person administering the estate of a deceased person for an order for the administration of the estate must be in accordance with Form 15.\n\n> Note: Subsection 247(1) of the Bankruptcy Act provides that the petition must be accompanied by a statement, in duplicate, of the deceased person’s affairs and of the administrator’s administration of the deceased person’s estate. Regulation 11.01 of the Bankruptcy Regulations sets out the particulars that must be included in the statement.\n\n  If:\n  the applicant must, as soon as practicable, request entry of the order in accordance with rule 16.08 of the Federal Circuit Court Rules 2001.\n\n> Note: Subsection 247(3) of the Bankruptcy Act provides that the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.\n\n  (1) An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.\n  (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: See also subsection 130(2) of the Bankruptcy Act which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).\n\n  (3) If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.\n\n> Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.\n\n  (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.\n  (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n","sortOrder":90},{"sectionNumber":"13.02","sectionType":"section","heading":"Application of Division 13.2","content":"## 13.02 Application of Division 13.2\n\n  (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act.\n\n    (a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or\n    (b) satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that he or she could not have set up in the action or proceeding in which the judgment or order was obtained.\n\n","sortOrder":91},{"sectionNumber":"13.03","sectionType":"section","heading":"Short form bill of costs","content":"## 13.03 Short form bill of costs\n\n  (1) If the Court makes a sequestration order against the debtor’s estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.\n  (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.\n    (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and\n  (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.\n\n","sortOrder":92},{"sectionNumber":"13.04","sectionType":"section","heading":"Claim for costs","content":"## 13.04 Claim for costs\n\n  (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give to the creditor a written notice stating the costs or disbursements disputed.\n  (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:\n\n","sortOrder":93},{"sectionNumber":"13.05","sectionType":"section","heading":"Attendance at taxation hearing","content":"## 13.05 Attendance at taxation hearing\n\n  A creditor, the trustee, or a legal practitioner representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or legal practitioner to attend.\n\n## Form 1—Document Title Form 1—Document Title\n\n## Form 1—Document Title\n\n(subrule 1.06(3))\n\nNo. of 20\n\nIN THE: \\[name of Court\\]\n\nDistrict Registry: \\[State\\]\n\nDivision: General\n\nIN THE MATTER OF: \\[Name of debtor or bankrupt estate\\]\n\n\\[Name of Applicant(s)\\]\n\nApplicant\\[s\\]\n\n\\[Name of Respondent(s)\\]\n\nRespondent\\[s\\]\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n## Form 2—Application Form 2—Application\n\n## Form 2—Application\n\n(rule 2.01)\n\nAPPLICATION†\n\n    \\[Complete this section if there is a respondent\\]\n    TO the respondent of \\[address\\]:\n    This application has been set down for the time and place stated below. If you or your legal representative do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence. As soon after the time mentioned as the business of the Court will allow, any of the following may happen:\n\n(a) the application may be heard;\n\n(b) directions may be given for the further conduct of the proceeding;\n\n(c) any application for interim orders may be heard.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span></p><p style=\"margin-left:1.7pt\"><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n    Before any attendance at Court, you must file a notice of appearance in the Registry.\n    Time and date for hearing: \\[to be entered by Registry unless fixed by Court\\]\n    \\[signed, District Registrar/Deputy District Registrar/Authorised Officer\\]\n    \\*Registrar/\\*Deputy District Registrar/\\*Authorised Officer\n\nA. FINAL ORDERS SOUGHT BY APPLICANT\n\n    On the grounds stated in the supporting affidavit or statement of claim, the applicant seeks the following orders:\n    \\[Specify in numbered paragraphs all the final orders sought\\]\n    1.\n    2.\n    3.\n\nB. INTERIM ORDERS SOUGHT BY APPLICANT\n\n    \\[Complete this section if you also seek interim orders\\]\n    The applicant seeks the following interim orders:\n    \\[Specify in numbered paragraphs all the interim orders sought\\]\n    1.\n    2.\n    3.\n\nC. ABRIDGMENT OF SERVICE\n\n    \\[Complete this section if the time for service has been abridged\\]\n    The time by which this application is to be served has been abridged by order made on \\[date\\] to \\[time and date\\].\n\nD. SERVICE\n\n    It is not intended to serve this application on any person.\n    OR\n    It is intended to serve this application on each person listed below:\n    \\[name of each person on whom application is to be served\\]\n\nNote: An application must state each section of the Bankruptcy Act or the Bankruptcy Regulations under which the proceeding is brought—see paragraph 2.01(3)(a).\n\n## Form 3—Interim application Form 3—Interim application\n\n## Form 3—Interim application\n\n(rules 2.01, 2.04, 6.06, 6.12, 6.17)\n\nINTERIM APPICATION†\n\n\\[name of applicant(s) for interim order\\]\n\nApplicant(s) for interim order\n\n\\[name of respondent(s) for interim order\\]\n\nRespondent(s) for interim order\n\nNOTICE\n\nThis interim application has been set down for the time and place stated below. If you or your legal representative do not attend the Court at that time, the interim application may be dealt with and an order made in your absence.\n\nTime and date for hearing: \\[to be entered by Registry unless fixed by Court\\]\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\nDETAILS OF INTERIM ORDERS\n\nOn the grounds stated in the supporting affidavit, the applicant \\[name\\], seeks the following interim orders:\n\n\\[Specify in numbered paragraphs all the interim orders sought\\]\n\n1.\n\n2.\n\n3.\n\n\\[signed by the applicant making this application or the applicant’s lawyer\\]\n\nNote: An interim application must state each section of the Bankruptcy Act or the Bankruptcy Regulations under which the proceeding is brought—see paragraph 2.01(4)(a).\n\n## Form 4—Notice of appearance Form 4—Notice of appearance\n\n## Form 4—Notice of appearance\n\n(rules 2.05, 2.06)\n\nNOTICE OF APPEARANCE†\n\n    \\[Name\\] of \\[address\\], \\[occupation\\], appears.\n\nSolicitor \\[name\\]\n\nAddress:\n\nTelephone: Fax number:\n\nE‑mail address:\n\nSolicitor’s agent \\[name\\]\n\nAddress:\n\nTelephone: Fax number:\n\nE‑mail address:\n\n    Address for service:\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n    \\[signed, respondent/respondent’s lawyer or supporting creditor/  \n    supporting creditor’s lawyer\\]\n    \\*Respondent/\\*Respondent’s lawyer/\\*Supporting creditor/  \n    \\*Supporting creditor’s lawyer\n\n## Form 5—Notice stating grounds of opposit Form 5—Notice stating grounds of opposition to application, interim application or petition\n\n## Form 5—Notice stating grounds of opposition to application, interim application or petition\n\n(rule 2.06)\n\n## NOTICE STATING GROUNDS OF OPPOSITION TO  NOTICE STATING GROUNDS OF OPPOSITION TO APPLICATION, INTERIM APPLICATION OR PETITION†\n\n## NOTICE STATING GROUNDS OF OPPOSITION TO APPLICATION, INTERIM APPLICATION OR PETITION†\n\n\\[Name of opponent\\], \\[specify capacity of opponent, eg creditor, trustee\\], intends to oppose the \\*application/\\*interim application/\\*petition on the following grounds:\n\n    1. } \\[set out grounds of opposition\\]\n    2. }\n    3. }\n\nAn affidavit supporting the grounds of opposition is filed with this notice.\n\nThis notice is filed by \\[name of lawyer for opponent\\] for \\[name of opponent\\].\n\nThe opponent’s address for service is: \\[address for service\\].\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n    \\[signed, opponent or opponent’s lawyer\\]\n    \\*Opponent/\\*Opponent’s lawyer\n\n## Form 6—Creditor’s petition Form 6—Creditor’s petition\n\n## Form 6—Creditor’s petition\n\n(rule 4.02)\n\n## CREDITOR’S PETITION† CREDITOR’S PETITION†\n\n## CREDITOR’S PETITION†\n\nNOTICE TO RESPONDENT\n\n    TO the respondent of \\[address\\]:\n\nThis petition has been set down for hearing by the Court at the time, date and place stated below. If you or your legal representative do not attend the Court at that time, the petition may be dealt with in your absence and a sequestration order making you bankrupt may be made.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n(a) enter an appearance in accordance with Form 4, and file a notice stating grounds of opposition to the petition in accordance with Form 5 and an affidavit supporting the grounds; and\n\n(b) serve a copy of each document on the creditor at the address for service stated below not less than 3 days before the date for the hearing of this petition stated below; and\n\nPART 1 PETITION\n\nThe applicant creditor \\[name and address of applicant creditor\\] applies to the Court for a sequestration order under section 43 of the Bankruptcy Act 1966 against the estate of \\[name, address and occupation of respondent debtor\\].\n\n1. The respondent debtor owes the applicant creditor the amount of \\[$ amount\\] for \\[statement of reason for, and details of, the debt, including details of any judgment debt\\].\n\n2. The applicant creditor does not hold security over the property of the respondent debtor.\n\nOR\n\nThe applicant creditor holds security over the property of the respondent debtor to the value of \\[$ amount\\] and consisting of \\[statement of particulars of security\\], and:\n\n(a) is willing to surrender this security for the benefit of creditors generally if a sequestration order is made against the respondent debtor;\n\nOR\n\n(b) the value of the property is \\[$ amount\\], which leaves an unsecured debt of \\[$ amount\\].\n\nNote: If there is more than 1 applicant creditor, the form may be appropriately amended.\n\n3. At the time when the act of bankruptcy was committed, the respondent debtor:\n\n4. The following act of bankruptcy was committed by the respondent debtor within 6 months before presentation of this petition:\n\n\\[Include the following paragraph if the act of bankruptcy is failure to comply with a bankruptcy notice\\]\n\nThe respondent debtor failed to comply on or before \\[date of act of bankruptcy\\] with the requirements of a bankruptcy notice served on \\*him/\\*her on \\[date of service of bankruptcy notice\\] or to satisfy the Court that \\*he/\\*she had a counter‑claim, set‑off or cross demand equal to or more than the sum claimed in the bankruptcy notice, being a counter‑claim, set‑off or cross demand that \\*he/\\*she could not have set up in the action in which the judgment referred to in the bankruptcy notice was obtained.\n\n\\[If the act of bankruptcy is an act of bankruptcy mentioned in section 40 of the Bankruptcy Act 1966 (other than a failure to comply with a bankruptcy notice), give full details of the act of bankruptcy including details of any judgment.\\]\n\n5. The applicant creditor provides the following information, to the extent it is known to the applicant creditor, for use by the Australian Financial Security Authority:\n\n(a) any alias used by the respondent debtor;\n\n(b) the date of birth of the respondent debtor;\n\n(c) the business name of the respondent debtor;\n\n(d) the business address of the respondent debtor.\n\nNote: Completion of paragraph 5 is optional.\n\n    This petition is filed by \\[name of lawyer for petitioner\\] for \\[name of petitioner\\].\n    The petitioner’s address for service is: \\[address for service\\].\n\nPART 2 AFFIDAVIT VERIFYING CREDITOR’S PETITION\n\nOn \\[date\\], I, \\[name, address and occupation of deponent\\], \\*say on oath/\\*affirm:\n\n    1. I am the applicant \\[or I am a director of the applicant or I am a \\[occupation\\] of the applicant and, as such, have access to the books and records of the applicant and am authorised to make this affidavit on the applicant’s behalf\\].\n    2. The statements made in paragraphs 1, 2 and 3 of the creditor’s petition are within my own knowledge true.\n    3. In respect of the statements made in paragraph 4 of the creditor’s petition, I say the respondent failed, within 21 days after service of the bankruptcy notice, to pay the debt or make an arrangement to \\*my/\\*the applicant’s satisfaction for payment of the debt.\n\n\\*Sworn/\\*affirmed at \\[place\\]\n\nBefore me:\n\n\\[signed, person before whom deponent swears or affirms affidavit\\]\n\nNote 1: If necessary, this affidavit, and any other affidavit verifying the petition, may be filed as a separate document in accordance with the form of affidavit prescribed by the Federal Circuit Court Rules 2001 with the heading prescribed by subrule 1.06(3) of these Rules. If this affidavit is filed as a separate document, a copy of the petition must be attached to it.\n\nNote 2: If the petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the information required by rule 4.03 may be included in this affidavit (or, if an affidavit of the kind mentioned in Note 1 is filed, in that affidavit).\n\nNote 3: If the petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the information required by rule 4.04 may be included in this affidavit (or, if an affidavit of the kind mentioned in Note 1 is filed, in that affidavit).\n\nNote 4: A creditor must give a copy of this petition to the Official Receiver within 3 working days after presentation—see subregulation 4.05(1) of the Bankruptcy Regulations.\n\n## Form 7—Sequestration order Form 7—Sequestration order\n\n## Form 7—Sequestration order\n\n(rule 4.08)\n\nSEQUESTRATION ORDER†\n\n\\*JUDGE/\\*REGISTRAR:\n\n    DATE OF ORDER:\n    WHERE MADE:\n    THE COURT ORDERS THAT:\n    1. A sequestration order be made against the estate of \\[name of debtor\\].\n    2. The applicant creditor’s costs be taxed and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966.\n    The Court notes that the date of the act of bankruptcy is \\[date\\].\n    Date entry stamped:\n\n† The following information must appear at the foot of the first page of this order.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n‡Note: Subsection 104(2) of the Federal Circuit Court of Australia Act 1999 (the Act) provides that a party to proceedings in which a Registrar has exercised any of the powers of the Court under subsection 102(2), or under a delegation under subsection 103(1), of the Act may, within the time prescribed by the Rules of Court, or within any further time allowed in accordance with the Rules of Court, apply to the Court to review that exercise of power.\n\nRule 2.03 of the Federal Circuit Court (Bankruptcy) Rules 2006 provides that, subject to any direction by the Court or a Judge to the contrary, an application under subsection 104(2) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 102(2), or under a delegation under subsection 103(1), of the Act must be made by application for review within 21 days after the day on which the power was exercised. An applicant seeking a review can apply to a Judge to waive the requirement that the application for review under subsection 104(2) of the Act for review be made by application for review (see subrule 1.06(1) of the Federal Circuit Court Rules 2001).\n\n‡ Omit this note if the orders have not been made by a Registrar.\n\n## Form 8—Referral of debtor’s petition Form 8—Referral of debtor’s petition\n\n## Form 8—Referral of debtor’s petition\n\n(rule 5.01)\n\nREFERRAL OF DEBTOR’S PETITION†\n\n    The debtor \\[name of debtor\\] has presented a debtor’s petition to the Official Receiver.\n    Creditor’s petition No. \\[number\\] of \\[year\\] is pending against a number of debtors or a partnership and includes this debtor.\n    A copy of the debtor’s petition and statement of affairs is filed with this referral.\n    The Court is asked to give a direction to accept or reject the petition.\n    \\[signed, Official Receiver\\]\n    Official Receiver\n\n† The following information must appear at the foot of the first page of this referral.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\nNOTICE TO OFFICIAL RECEIVER, DEBTORS AND APPLICANT CREDITOR\n\n    This referral has been set down for hearing by the Court at:\n    Time and date: \\[to be entered by Registry\\]\n\n## Form 9—Summons for examination Form 9—Summons for examination\n\n## Form 9—Summons for examination\n\n(rules 6.04, 6.09, 6.15)\n\nSUMMONS FOR EXAMINATION†\n\n    Time and date for examination: \\[to be inserted by Registry\\]\n    TO: \\[name and address of person summoned\\]\n    1. You are required to attend before \\*the Court/\\*a Registrar/\\*a magistrate at the time, date and place stated above to be examined on oath under \\*section 50/\\*section 81 of the Bankruptcy Act 1966 and to give evidence in relation to the examinable affairs of \\[name of bankrupt or debtor\\].\n    2. You are also required to attend at any time, date and place to which the examination is adjourned if you have been given written notice of that time, date and place.\n\n† The following information must appear at the foot of the first page of this summons.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n    3. You are also required to bring the following books with you and produce them at the examination:\n    \\[list books required\\]\n    This summons was issued on the application of \\[name of applicant\\], \\[specify the capacity of the applicant under subsection 81(1) of the Bankruptcy Act 1966, eg creditor, trustee\\], whose address for service is \\[address\\].\n\nNote 1: Subsection 5(1) of the Bankruptcy Act 1966 defines examinable affairs, in relation to a person, to mean:\n\n(a) the person’s dealings, transactions, property and affairs; and\n\n(b) the financial affairs of an associated entity of the person, in so far as they are, or appear to be, relevant to the bankrupt or to any of his or her conduct, dealings, transactions, property and affairs.\n\n> Note: \\[Use the following note for a summons addressed to the bankrupt. Otherwise omit it.\\]\n\nNote 2: If you do not comply with this summons, a warrant for your apprehension (arrest) may be issued under section 264B of the Bankruptcy Act 1966.\n\n> Note: \\[Use the following notes for a summons addressed to a person who is not the bankrupt. Otherwise omit them.\\]\n\nNote 2: If you do not comply with this summons, a warrant for your apprehension (arrest) may be issued under section 264B of the Bankruptcy Act 1966. However, a warrant will not be issued if you were not given a reasonable amount for expenses.\n\nNote 3: You may apply to have this summons discharged by filing an interim application and supporting affidavit.\n\n## Form 10—Application for summons to exami Form 10—Application for summons to examine relevant person or examinable person\n\n## Form 10—Application for summons to examine relevant person or examinable person\n\n(rules 6.07, 6.13)\n\nAPPLICATION FOR SUMMONS TO EXAMINE RELEVANT PERSON OR EXAMINABLE PERSON†\n\nBankruptcy Act 1966, section 81\n\n    On the grounds set out in the supporting affidavit, the applicant requests the \\*Court/\\*Registrar to issue a summons under section 81 of the Bankruptcy Act 1966 in accordance with the accompanying draft summons(es) to the following:\n\nA. Relevant person(s)\n\n    \\*to give evidence:\n    OR\n    \\*to give evidence and produce documents:\n    \\[set out the name and address of each relevant person and, if appropriate, the details of the documents to be produced\\]\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\nB. Examinable persons\n\n    \\*to give evidence:\n    OR\n    \\*to give evidence and produce documents:\n    \\[set out the name and address of each examinable person and, if appropriate, the details of the documents to be produced\\]\n\n## Form 11—Notice to creditors of annulment Form 11—Notice to creditors of annulment application\n\n## Form 11—Notice to creditors of annulment application\n\n(rule 7.03)\n\nNOTICE TO CREDITORS OF ANNULMENT APPLICATION†\n\n    I, \\[name\\], \\*applicant/\\*applicant’s lawyer, give notice that \\[name of debtor or person administering estate of deceased debtor\\] will be applying for the annulment of the bankruptcy.\n    If a creditor wishes to take part in the hearing, the creditor must file and serve a notice of appearance at least 3 days before the hearing date stated above.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n## Form 12—Notice to creditors of applicati Form 12—Notice to creditors of application for review of Registrar’s decision to make sequestration order\n\n## Form 12—Notice to creditors of application for review of Registrar’s decision to make sequestration order\n\n(rule 7.06)\n\n## NOTICE TO CREDITORS OF APPLICATION FOR R NOTICE TO CREDITORS OF APPLICATION FOR REVIEW OF REGISTRAR’S DECISION TO MAKE SEQUESTRATION ORDER†\n\n## NOTICE TO CREDITORS OF APPLICATION FOR REVIEW OF REGISTRAR’S DECISION TO MAKE SEQUESTRATION ORDER†\n\n    I, \\[name\\], \\*applicant/\\*applicant’s lawyer, give notice that \\[name of debtor or person administering estate of deceased debtor\\] will be applying for review of the decision by Registrar \\[name\\] on \\[date of decision\\] to make a sequestration order against the estate of \\[name of debtor\\].\n    If a creditor wishes to take part in the hearing, the creditor must file and serve a notice of appearance at least 3 days before the hearing date stated above.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n## Form 13—Notice to creditors Form 13—Notice to creditors\n\n## Form 13—Notice to creditors\n\n(rules 9.04, 10.04)\n\n## NOTICE TO CREDITORS† NOTICE TO CREDITORS†\n\n## NOTICE TO CREDITORS†\n\n    I, \\[name\\], \\*applicant/\\*applicant’s lawyer, give notice that an application for \\[state nature of application, including any application for sequestration order\\] has been made to the Court by \\[name of applicant\\], \\[state the capacity of the applicant, eg creditor, debtor or trustee, and relevant section of the Bankruptcy Act 1966\\].\n    Copies of the application and affidavits in support are available from the applicant at the address stated below.\n    If you wish to take part in the proceeding, a notice of appearance must be filed and served 3 days before the hearing.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span></p><p style=\"margin-left:1.7pt\"><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n## Form 14—Applicant creditor’s petition fo Form 14—Applicant creditor’s petition for administration of deceased person’s estate\n\n## Form 14—Applicant creditor’s petition for administration of deceased person’s estate\n\n(rule 11.01)\n\n## APPLICANT CREDITOR’S PETITION FOR ADMINI APPLICANT CREDITOR’S PETITION FOR ADMINISTRATION OF DECEASED PERSON’S ESTATE†\n\n## APPLICANT CREDITOR’S PETITION FOR ADMINISTRATION OF DECEASED PERSON’S ESTATE†\n\nBankruptcy Act 1966, section 244\n\n    \\[name of applicant creditor(s)\\]\n    Applicant creditor(s)\n    \\[name of respondent debtor(s)\\]\n    Respondent debtor(s)\n\n    TO: \\[legal personal representative of the deceased respondent debtor or other person as directed by the Court under subsection 244(9) of the Bankruptcy Act 1966\\]\n    \\[address\\]\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n    This petition has been set down for hearing by the Court at the time, date and place stated below. If you or your legal representative do not attend the Court at that time, the petition may be dealt with in your absence and an order made for the administration of the estate of the deceased respondent debtor.\n\n(a) enter an appearance in accordance with Form 4, and file a notice stating grounds of opposition to the petition in accordance with Form 5 and an affidavit supporting the grounds; and\n\n(b) serve a copy of each document on the applicant creditor at the address for service stated below not less than 3 days before the date for the hearing of this petition stated below; and\n\n## PETITION PETITION\n\n## PETITION\n\n    The applicant creditor, \\[name and address of creditor\\], applies to the Court for an order of administration in bankruptcy of the estate of the late \\[name of deceased respondent debtor\\] who died on \\[date of death\\].\n    1. The estate of the deceased respondent debtor owes the applicant creditor the amount of \\[$ amount\\] for \\[statement of reason for the debt\\]. This debt is a liquidated sum payable immediately or at a certain future time.\n    2. The applicant creditor does not hold security over the property of the deceased respondent debtor.\n    OR\n    The applicant creditor holds security over the property of the deceased respondent debtor to the value of \\[$ amount\\] and consisting of \\[statement of particulars of security\\], and:\n\n(a) is willing to surrender this security for the benefit of creditors generally if a sequestration order for administration of the estate in bankruptcy is made;\n\nOR\n\n(b) the value of the property is \\[$ amount\\], which leaves an unsecured debt of \\[$ amount\\].\n\n> Note: If there is more than 1 creditor, this form may be appropriately amended.\n\n    3. At the time of the respondent debtor’s death, the respondent debtor:\n\n    4. \\[Also state any details of the status of any authorisation to administer the deceased person’s estate.\\]\n\n    \\[signed, petitioner or lawyer for petitioner\\]\n    \\*Petitioner/\\*Petitioner’s lawyer\n\n## Form 15—Administrator’s petition Form 15—Administrator’s petition\n\n## Form 15—Administrator’s petition\n\n(rule 11.03)\n\n## ADMINISTRATOR’S PETITION† ADMINISTRATOR’S PETITION†\n\n## ADMINISTRATOR’S PETITION†\n\nBankruptcy Act 1966, section 247\n\n    TO: \\[legal personal representative of the deceased respondent debtor\\]\n    \\[address\\]\n    This petition has been set down for hearing by the Court at the time, date and place stated below. If you or your legal representative do not attend the Court at that time, the petition may be dealt with in your absence and an order made for the administration of the estate of the deceased respondent debtor.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:361.5pt; border-collapse:collapse\"><tbody><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Filed on behalf of</span><span style=\"font-size:10pt; font-style:italic\"> </span><span style=\"font-size:10pt\">(name and role of party)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:9pt\"></span></p></td></tr><tr><td colspan=\"5\" style=\"width:176.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Prepared by (name of person/lawyer)</span></p></td><td colspan=\"3\" style=\"width:163.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"3\" style=\"width:109.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Law firm (if applicable)</span></p></td><td colspan=\"5\" style=\"width:230.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td style=\"width:24.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Tel</span></p></td><td colspan=\"5\" style=\"width:141.45pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td><td style=\"width:22.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Fax</span></p></td><td style=\"width:129.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"2\" style=\"width:41.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\">Email</span></p></td><td colspan=\"6\" style=\"width:298.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr><td colspan=\"4\" style=\"width:122.3pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom\"><p style=\"margin-top:2pt; margin-left:1.7pt; margin-bottom:2pt\"><span style=\"font-size:10pt; font-weight:bold\">Address for service</span><br><span style=\"font-size:10pt\">(include State and postcode)</span></p></td><td colspan=\"4\" style=\"width:217.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p style=\"margin-top:2pt; margin-bottom:2pt\"><span style=\"font-size:10pt\"></span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:35.45pt\"></td><td style=\"width:16.65pt\"></td><td style=\"width:68.4pt\"></td><td style=\"width:12.6pt\"></td><td style=\"width:54pt\"></td><td style=\"width:0.6pt\"></td><td style=\"width:33.6pt\"></td><td style=\"width:140.2pt\"></td></tr></tbody></table>\n```\n\n(a) enter an appearance in accordance with Form 4, and file a notice stating grounds of opposition to the petition in accordance with Form 5 and an affidavit supporting the grounds; and\n\n(b) serve a copy of each document on the applicant creditor at the address for service stated below not less than 3 days before the date for the hearing of this petition stated below; and\n\n## PETITION PETITION\n\n## PETITION\n\n    The applicant, \\[name and address of administrator\\], applies to the Court for an order of administration in bankruptcy of the estate of the late \\[name of the deceased person\\] who died on \\[date of death\\].\n    1. The applicant is the administrator of the deceased debtor’s estate.\n    2. The affairs of the deceased debtor and of my administration of the estate are set out in the documents accompanying this petition. To the best of my belief, it is a true and complete statement.\n\nNote: If there is more than 1 administrator, the form may be appropriately amended.\n\n    3. At the time of the debtor’s death, the debtor:\n\n    \\[signed, petitioner\\]\n    Petitioner\n    Before:\n    \\[signature, name, address and occupation of witness\\]\n\n## Form 16—Arrest warrant Form 16—Arrest warrant\n\n## Form 16—Arrest warrant\n\n(rule 12.01)\n\n## ARREST WARRANT ARREST WARRANT\n\n## ARREST WARRANT\n\n    TO: \\[name of officer\\], a \\*member/\\*special member of the Australian Federal Police and to all other members and special members of the Australian Federal Police and to all constables of police throughout the Commonwealth and to the Governor or Keeper of Her Majesty’s Gaol at \\[place\\] and to the Governor or Keeper of any of Her Majesty’s Gaols within the Commonwealth.\n    BECAUSE of evidence taken on oath, the Court has reason to believe that \\[name of debtor or bankrupt\\], against whom a bankruptcy notice has been issued, has absconded with a view to avoiding payment of \\*his/\\*her debts \\[or otherwise as the case may be in accordance with the wording of section 78 of the Bankruptcy Act 1966\\].\n    THIS warrant therefore requires and authorises you, \\[name of officer\\], and all other constables to whom this warrant is addressed, to take \\[name of debtor or bankrupt\\] and to deliver \\*him/\\*her to the Governor or Keeper of Her Majesty’s Gaol at \\[place\\], and you the Governor or Keeper are to receive \\[name of debtor or bankrupt\\] and keep \\*him/\\*her safely in the gaol and in your custody until the Court otherwise orders.\n    THIS warrant also requires and authorises you, \\[name of officer\\], and all other constables to whom this warrant is addressed, to seize any property, books, documents, papers and writings in the possession of the \\*debtor/\\*bankrupt, and to deliver them into the custody of \\[full name and address of person named in Court’s order\\] to be kept by that person until the Court makes an order for their disposal.\n\n## Form 17—Apprehension warrant Form 17—Apprehension warrant\n\n## Form 17—Apprehension warrant\n\n(rule 12.02)\n\n## APPREHENSION WARRANT APPREHENSION WARRANT\n\n## APPREHENSION WARRANT\n\nBankruptcy Act 1966, section 264B\n\nTO: \\[name of officer\\], a \\*member/\\*special member of the Australian Federal Police and to all other members and special members of the Australian Federal Police and to all constables of police throughout the Commonwealth and to the Governor or Keeper of Her Majesty’s Gaol at \\[place\\], and to the Governor or Keeper of any of Her Majesty’s Gaols within the Commonwealth.\n\nBY summons dated \\[date\\], and directed to \\[full name and address of person named in summons\\], \\[person named in summons\\] was required to appear personally before \\*the Court/\\*a Registrar/\\*a Magistrate at \\[time\\] at \\[address at which examination or other proceeding was to have been held\\], AND which summons was, as has been proved on oath, served on \\[name of person\\] on \\[date\\].\n\n‡AND a reasonable amount was tendered to \\[name of person\\] for expenses, AND, without reasonable excuse, the person failed to appear as required by the summons.\n\nTHIS warrant therefore requires and authorises you, \\[name of officer\\], and all other constables to whom this warrant is addressed, to take \\[name of person\\] and bring \\*him/\\*her up for examination to the Court \\[address\\] or a registry of the Court that is convenient.\n\nTHIS warrant also requires and authorises you, if \\[name of person\\] cannot immediately be brought before \\*the Court/\\*a Registrar/\\*a Magistrate, to deliver \\*him/\\*her to the Governor or Keeper of Her Majesty’s Gaol at a convenient place and you the Governor or Keeper are to receive \\[name of person\\] and keep \\*him/\\*her safely in the gaol and in your custody until \\*the Court/\\*a Registrar/\\*a Magistrate otherwise orders, and you are to produce \\*him/\\*her before \\*the Court/\\*a Registrar/\\*a Magistrate as \\*the Court/\\*a Registrar/\\*a Magistrate directs.\n\nTHIS warrant also informs you, \\[name of officer\\], and all other constables to whom this warrant is addressed, that subsection 264B(4) of the Bankruptcy Act 1966 empowers you to break and enter any place or building for the purpose of executing this warrant.\n\n‡ Omit if the summons is to a relevant person under section 81 of the Bankruptcy Act 1966\n\n","sortOrder":94},{"sectionNumber":"Sch Schedule 2","sectionType":"schedule","heading":"Powers of the Court that may be exercised by a Registrar","content":"Schedule 2—Powers of the Court that may be exercised by a Registrar\n\n(rule 2.02)\n\n| Item | Provision of the Bankruptcy Act 1966                                        | Description (for information only)                                                                                                    |\n| ---- | --------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | subsection 30(1) (only for an application to set aside a bankruptcy notice) | Power to set aside a bankruptcy notice                                                                                                |\n| 2    | section 33                                                                  | Adjournment, amendment of process and extension and abridgment of time                                                                |\n| 3    | paragraph 40(1)(g)                                                          | Power to grant leave to serve a bankruptcy notice outside Australia                                                                   |\n| 4    | subsection 41(6A)                                                           | Extension of time for compliance with a bankruptcy notice                                                                             |\n| 5    | subsection 43(1)                                                            | Power to make a sequestration order                                                                                                   |\n| 6    | subsection 46(2)                                                            | Power to make a sequestration order against 2 or more debtors                                                                         |\n| 7    | subsection 47(2)                                                            | Power to give leave to withdraw a creditor’s petition after presentation                                                              |\n| 8    | section 49                                                                  | Power to permit the substitution of another creditor as petitioner                                                                    |\n| 9    | subsection 52(1)                                                            | Power to make a sequestration order against the estate of a debtor                                                                    |\n| 10   | subsection 52(2)                                                            | Power to dismiss a creditor’s petition                                                                                                |\n| 11   | subsection 52(3)                                                            | Power to stay all proceedings under a sequestration order for a period not exceeding 21 days                                          |\n| 12   | subsection 52(5)                                                            | Power to extend a period at the expiration of which a creditor’s petition lapses                                                      |\n| 12A  | subsection 55(3B)                                                           | Power to direct an Official Receiver to accept or reject a debtor’s petition                                                          |\n| 13   | section 81                                                                  | Powers in relation to examinations                                                                                                    |\n| 14   | subsection 206(1)                                                           | Power to adjourn a creditor’s petition if creditors have passed a resolution for a deed and to subsequently dismiss the petition      |\n| 15   | subsection 244(9)                                                           | Power to direct service of a creditor’s petition on a person under Part XI                                                            |\n| 16   | subsection 244(10)                                                          | Power to dispense with service of a creditor’s petition under Part XI                                                                 |\n| 17   | subsection 244(11)                                                          | Power to make an order for the administration of an estate under Part XI                                                              |\n| 18   | subsection 244(12)                                                          | Power to dismiss a creditor’s petition under Part XI                                                                                  |\n| 19   | subsection 244(13)                                                          | Power to give leave to present petition under Part XI                                                                                 |\n| 20   | subsection 247(1A)                                                          | Power to make an order for the administration of the estate of a deceased person on the petition of a person administering the estate |\n| 21   | section 264B                                                                | Power to issue a warrant                                                                                                              |\n| 22   | subsection 309(2)                                                           | Power to order substituted service                                                                                                    |\n\n","sortOrder":95},{"sectionNumber":"Sch Schedule 3","sectionType":"schedule","heading":"Notes to these Rules","content":"Schedule 3—Notes to these Rules\n\n(rule 12.01)\n\nNote 1—see rule 12.01\n\nSEARCH WARRANT\n\nBankruptcy Act 1966, section 130\n\nIN THE MATTER OF \\[name of bankrupt\\]\n\nTO: \\[name of officer\\], a \\*member/\\*special member of the Australian Federal Police and to all other members and special members of the Australian Federal Police and to all constables of police throughout the Commonwealth and to any other person specified in Schedule 1.\n\nON the basis of:\n\n(a) an application made by the trustee of the estate of \\[name of bankrupt\\] under subsection 130(1) of the Bankruptcy Act 1966 for the issue of a warrant under subsection 130(2) of the Act in relation to premises situated at \\[address of premises\\], including any garage or storage area within the boundaries of the premises; and\n\n(b) information given to me by affidavit that there are reasonable grounds for suspecting that there is on or in the premises the following property (relevant property):\n\n(i) property of the bankrupt (including but not limited to furniture, paintings, prints, collectables, porcelain, silver, gold, jewellery, etchings, keys, safes, computers, message taking machines, the contents of any safe, vehicles, plant and equipment, computer tapes, message banks and electronic storage machines);\n\n(ii) property that may be connected with, or related to, the bankrupt’s examinable affairs (including but not limited to furniture, painting, prints, collectables, porcelain, silver, gold, jewellery, etchings, keys, safes, computers, message taking machines, the contents of any safe, vehicles, plant and equipment, computer tapes, message banks and electronic storage machines);\n\n(iii) books of the bankrupt or an associated entity of the bankrupt relevant to any of the bankrupt’s examinable affairs (including but not limited to policies of insurance, storage receipts or other documents or instruments of storage, journals, correspondence and documents); and\n\n(c) any further information given to me, either orally or by affidavit, about the grounds on which the issue of this warrant has been sought;\n\nI, \\[full name\\], issue this warrant authorising you, \\[name of officer\\], together with any other person to whom this warrant is addressed:\n\n(d) \\*at any time of the day or night/\\*between the hours of \\[hour\\] and \\[hour\\] to enter on or into the premises, using such force as is necessary for the purpose and is reasonable in the circumstances; and\n\n(e) to search the premises for relevant property; and\n\n(f) to break open, and search for relevant property, any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, on or in the premises; and\n\n(g) to take possession of, or secure against interference, any relevant property found on or in the premises; and\n\n(h) to deliver to the trustee, or to a person authorised in writing by the trustee for the purpose, any property of which possession is taken under the warrant.\n\nTHIS warrant ceases to have effect at the end of \\[day that is not later than 7 days after the day of issue of the warrant\\].\n\n\\[signed, \\*Judge\\]\n\n\\*Judge\n\nSchedule 1\n\n\\[name of any other person to whom the warrant is addressed\\]","sortOrder":96}],"analysis":{"summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument prescribes court procedures for bankruptcy matters in the Federal Circuit Court and does not alter substantive rights or obligations under the Bankruptcy Act 1966."},"complexity_factors":["Detailed procedural rules covering multiple types of bankruptcy applications and petitions","Frequent cross-references to the Bankruptcy Act 1966 and Federal Court Rules","Prescribed forms and strict time limits for service, filing, and entry of orders","Specific safeguards for confidential material in examination summons applications"],"plain_english_summary":"The Federal Circuit Court (Bankruptcy) Rules 2006 set out the practice and procedure for bankruptcy matters in the Federal Circuit Court of Australia. They apply whenever the Bankruptcy Act 1966 requires or permits a matter to be brought to the court. The rules do not change substantive bankruptcy law; they dictate the forms, documents, time limits, and steps that must be followed.\n\nKey areas include: applying for substituted service, setting aside, or extending time for bankruptcy notices; filing creditors’ petitions for sequestration orders (with detailed affidavit and service requirements); referring debtors’ petitions from the Official Receiver for a court direction; issuing summonses for the examination of bankrupts, debtors, and related persons about financial affairs (including safeguards for confidential material); annulling a bankruptcy or reviewing a Registrar’s sequestration order; objecting to, resigning from, or releasing trustees; and terminating or setting aside debt agreements and personal insolvency agreements. There are also specific parts for administering deceased estates under bankruptcy law, issuing warrants for arrest or apprehension, and claiming costs (including a short-form bill system for certain creditors’ petition work).\n\nThe rules affect creditors, debtors, bankrupts, trustees (including the Official Trustee), the Official Receiver, legal practitioners, and anyone participating in a bankruptcy proceeding in the Federal Circuit Court. The practical point is that strict compliance with these procedural requirements is essential; missing a deadline or using the wrong form can delay or defeat an application. Registrars may exercise certain powers, with a right to apply for review within 21 days. The rules incorporate standard forms from Schedule 1 and, for costs, reference the Federal Court Rules 2011 unless the court fixes an amount."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1527},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The rules maintain a consistent scope focused on procedural governance of bankruptcy matters in the Federal Circuit Court. They comprehensively cover the lifecycle of bankruptcy proceedings from initial petitions through examinations, trustee appointments, alternative insolvency arrangements (debt agreements and personal insolvency agreements), deceased estate administration, and costs taxation, without apparent expansion beyond their original jurisdictional purpose."},"complexity_factors":["Extensive cross-referencing to the Bankruptcy Act 1966, Federal Court Rules 2011, and Federal Circuit Court Rules 2001","Multiple defined terms including technical insolvency concepts like 'examinable person', 'sequestration order', and 'National Personal Insolvency Index'","Strict temporal requirements with varying timeframes (3, 5, 7, 8, 14, 21, and 28 days) depending on the procedural step","17 prescribed forms (Form 1 through Form 17) with specific formatting requirements","Nested conditional logic (e.g., different affidavit requirements depending on whether a petition is founded on execution against property or failure to comply with a bankruptcy notice)","Multiple stakeholder classes with different notification obligations (creditors, debtors, trustees, Official Receiver, examinable persons)","Procedural distinctions between originating applications and interim applications"],"plain_english_summary":"These are the **procedural rules** that govern how bankruptcy cases are handled in the Federal Circuit Court of Australia (now part of the Federal Circuit and Family Court). Think of them as the instruction manual for the legal process when people or companies face insolvency.\n\n**What these rules cover:**\n\n*   **How to start a case:** The forms and steps for creditors (people owed money) to file petitions to make someone bankrupt, or for debtors to file their own bankruptcy petitions.\n*   **Bankruptcy notices:** Procedures for serving formal demands for payment, applying to set them aside (cancel them), or getting more time to comply.\n*   **Court examinations:** Rules for summoning debtors or other relevant people to answer questions under oath about their finances and produce financial records (\"books\").\n*   **Trustees:** How to object to the appointment of a bankruptcy trustee, or how a trustee can resign or be released from their duties.\n*   **Alternatives to bankruptcy:** Procedures for dealing with debt agreements and personal insolvency agreements (formal arrangements to pay debts without full bankruptcy).\n*   **Deceased estates:** How to handle the bankruptcy of someone who has died.\n*   **Warrants and arrests:** Rules for arrest warrants when debtors fail to attend court or comply with orders.\n*   **Costs:** How legal fees are calculated and who pays them.\n\n**Who it affects:** Creditors chasing debts, debtors facing bankruptcy, bankruptcy trustees, lawyers, and the court officials (Registrars) who administer these matters.\n\n**Why it matters:** These rules ensure bankruptcy proceedings are conducted fairly and consistently. They specify strict time limits (like serving documents 5 or 7 days before hearings) and documentation requirements (affidavits, specific forms) that must be followed or the case may be dismissed."}},"importantCases":[],"_links":{"self":"/api/acts/federal-circuit-court-bankruptcy-rules-2006","history":"/api/acts/federal-circuit-court-bankruptcy-rules-2006/history","analysis":"/api/acts/federal-circuit-court-bankruptcy-rules-2006/analysis","conflicts":"/api/acts/federal-circuit-court-bankruptcy-rules-2006/conflicts","importantCases":"/api/acts/federal-circuit-court-bankruptcy-rules-2006/important-cases","documents":"/api/acts/federal-circuit-court-bankruptcy-rules-2006/documents"}}