Div 1Bankruptcy Notices.

Division 1.—Bankruptcy Notices.

Application for issue of bankruptcy notice.

7.—(1.) Application may be made to the Registrar for the issue of a bankruptcy notice by filing an application, in accordance with Form 3, in the office of the Registrar.

(2.) At the time when the application is filed, the applicant shall—

(a) file one of the following documents in respect of the final judgment or final order in relation to which the bankruptcy notice is to be issued:—

(i) an office, sealed or certified copy of the judgment or order;

(ii) a certificate of the judgment or order under the seal of the court or under the hand of an officer of the court;

(iii) a copy of the entry of the judgment or order certified by an officer of the court to be a true copy of that entry;

(iv) if the judgment or order has been registered in a court under section 21 of the Service and Execution of Process Act 1901-1963—an office or sealed copy of the certificate produced for the purpose of registering the judgment or order; or

(v) if the judgment or order is an award referred to in paragraph (a) of sub-section (3.) of section 40 of the Act—a copy of the award certified to be a true copy of the award by a person who has compared the copy with the original award; and

(b) furnish to the Registrar, for signature by the Registrar, so many copies of a form of bankruptcy notice as are required for service and for annexure to any affidavits of service, and one additional copy of that form for filing.

(3.) Where an applicant files a copy of the certificate referred to in sub-paragraph (iv) of paragraph (a) of the last preceding sub-rule, the applicant shall also file an affidavit made by the person in whose favour the judgment or order was given, or by some other person cognizant of the facts of the case, stating the amount actually due and unpaid under the judgment or order.

(4.) Where an applicant files a certified copy of an award, the applicant shall also file an office, sealed or certified copy of the order of a court giving leave to enforce the award.

(5.) Where the Registrar is satisfied that application has been duly made to him for the issue of a bankruptcy notice and that the copies of the form of bankruptcy notice furnished to him in accordance with paragraph (b) of sub-rule (2.) of this rule are in order for signature, the Registrar shall sign each of those copies and return them to the applicant.

(6.) Where the Registrar issues a bankruptcy notice, the applicant shall file a copy of the notice.

(7.) In this rule, a reference to the court, in relation to a judgment or order, shall be read as a reference to the court by which the judgment was given or the order was made.