Bankruptcy Rules
Div 7Sequestration Orders.
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Division 7.—Sequestration Orders.
Form of sequestration order and number of copies to be produced to Registrar.
26.—(1.) A sequestration order shall be in accordance with Form 12.
(2.) A person who furnishes to the Registrar a form of sequestration order for signing and sealing shall furnish to the Registrar a number of copies of the form of the order equal to one more than the number of debtors specified in the order.
(3.) Where a form of sequestration order that is in order for signature is lodged with the Registrar under the last preceding sub-rule, the Registrar shall—
(a) if the sequestration order was made by the Federal Court of Bankruptcy—sign, seal and file the order; or
(b) in any other case—cause the form of order to be signed and sealed as an order of the court by which it was made, and, when it has been so signed and sealed, file the order.
(4.) Where a sequestration order has been filed under the last preceding sub-rule, the Registrar shall cause the other copies of the order lodged with him to be forwarded to the official receiver for the District.
Notification of bankruptcy.
27.—(1.) For the purposes of paragraph (a) of sub-section (1.) of section 19 of the Act, where a person becomes a bankrupt, the Official Receiver shall notify the person of the bankruptcy—
(a) if the person becomes a bankrupt by virtue of the making of a sequestration order—by posting a sealed copy of the sequestration order to the person at the last known address of the person by certified mail, postage being prepaid; or
(b) if the person becomes a bankrupt by virtue of the acceptance, in pursuance of a direction of the Court, by the Registrar of a debtor’s petition that relates to the person—by posting to the person at the last known address of the person by certified mail, postage being prepaid, a notice informing the person of the acceptance of the debtor’s petition and of the fact that the person is therefore a bankrupt.
(a) service of a creditor’s petition is effected on a person, by virtue of an order under section 309 of the Act, by serving the petition on another person, whether or not any other manner of service of the petition is also specified in the order;
(b) a sequestration order is made on the creditor’s petition; and
(c) the official receiver is, after making reasonable inquiries, unable to ascertain the address of the bankrupt,
the address of the person on whom the petition was so served shall be deemed to be the last-known address of the bankrupt for the purposes of the last preceding sub-rule.
Notice of bankruptcy to be given by Registrar.
- For the purposes of sub-section (1.) of section 310 of the Act, publication in such newspaper or newspapers as the Registrar thinks appropriate is a prescribed manner of publication.