Bankruptcy Rules
Div 3Service.
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Division 3.—Service.
Personal service of bankruptcy notice or creditor’s petition.
- Unless otherwise ordered by the Court under sub-section (2.) of section 309 of the Act—
(a) service of a bankruptcy notice shall be effected on the debtor by delivering to the debtor personally a copy of the bankruptcy notice signed by the Registrar; and
(b) service of a creditor’s petition shall be effected on a debtor by delivering to the debtor personally an official copy of the petition and a copy of the affidavit or of each affidavit verifying the petition—
(i) if service is effected in Australia—not less than eight days before the hearing date for the petition; or
(ii) in any other case—not less than such reasonable time before the hearing date for the petition as is determined by the Registrar.
Proof of service.
- Due service of a bankruptcy notice or petition shall be deemed not to have been proved by affidavit unless—
(a) in the case of a bankruptcy notice—a copy of the bankruptcy notice signed by the Registrar is marked as an annexure to the affidavit; or
(b) in the case of a petition—an official copy of the petition and a copy of the affidavit or each affidavit verifying the petition are marked as annexures to the affidavit.