2.01Originating application and interim application

#### 2.01 Originating application and interim application (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: (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form B2; or (b) in any other case—by filing an interim application in accordance with Form B3. (2) If final relief has been granted in relation to a proceeding under the Bankruptcy Act, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form B3, unless the Court otherwise directs. (3) An application filed in accordance with Form B2 must state: (a) each section of the Bankruptcy Act, or of the Bankruptcy Regulations, under which the proceeding is brought; and (b) the relief sought. (4) An interim application filed in accordance with Form B3 must state: (a) if appropriate, each section of the Bankruptcy Act, or of the Bankruptcy Regulations, or each rule of Court under which the application is made; and (b) the relief sought. > Note 1: The following are examples of applications that must be commenced by filing an application in accordance with Form B2: (a) an application for an order for substituted service of a bankruptcy notice; (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, for examination about the debtor and the debtor’s examinable affairs; (c) an application, under section 78 of the Bankruptcy Act, for the issue of a warrant for the arrest of a debtor or bankrupt; (d) an application for 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; (e) an application, under section 153B of the Bankruptcy Act, for the annulment of a bankruptcy; (h) an application, under section 180 of the Bankruptcy Act, for acceptance of a registered trustee’s resignation from the office of trustee of an estate; (i) an application, under section 183 of the Bankruptcy Act, for release of a trustee from the trusteeship of an estate; (j) an application, under section 185Q of the Bankruptcy Act, for an order terminating a debt agreement; (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; (l) an application, under section 222 of the Bankruptcy Act, for an order setting aside a personal insolvency agreement; (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) an application, under section 222C of the Bankruptcy Act, for an order terminating a personal insolvency agreement; (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; (p) an application, under section 252B of the Bankruptcy Act, for the annulment of the administration of the estate of a deceased person. > Note 2: The following are examples of interim applications that must be made by filing an interim application in accordance with Form B3: (a) an application for an order for substituted service of a creditor’s petition; (b) an application for an order for substituted service of any other application or appeal under the Bankruptcy Act made in a proceeding already commenced in the Court (including each application referred to in Note 1 to this rule, other than an application referred to in paragraph (a) of that note).