PART 1 PETITIONPART 1 PETITION

## PART 1 PETITION The 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 \[name, address and occupation of respondent debtor\]. 1. The respondent debtor owes the applicant creditor the amount of \[$ amount\] for \[statement of reason for, and details of, the debt, including details of any judgment debt\]. 2. The applicant creditor does not hold security over the property of the respondent debtor. OR The 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: (a) is willing to surrender this security for the benefit of creditors generally if a sequestration order is made against the respondent debtor; OR (b) the value of the property is \[$ amount\], which leaves an unsecured debt of \[$ amount\]. > Note If there is more than 1 applicant creditor, the form may be appropriately amended. 3. At the time when the act of bankruptcy was committed, the respondent debtor: \*(a) was personally present in Australia; \*(b) was ordinarily resident in Australia; \*(c) had a dwelling house or place of business in Australia; \*(d) was carrying on business in Australia either personally or by an agent or manager; \*(e) was a member of a firm or partnership carrying on business in Australia by means of partners or agent or manager. 4. The following act of bankruptcy was committed by the respondent debtor within 6 months before presentation of this petition: \[Include the following paragraph if the act of bankruptcy is failure to comply with a bankruptcy notice\] The 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. \[If the act of bankruptcy is an act of bankruptcy mentioned in section 40 of the Bankruptcy Act 1966 (other than a failure to comply with a bankruptcy notice), give full details of the act of bankruptcy including details of any judgment.\] 5. 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: (a) any alias used by the respondent debtor; (b) the date of birth of the respondent debtor; (c) the business name of the respondent debtor; (d) the business address of the respondent debtor. > Note Completion of paragraph 5 is optional. Date: \[signed, applicant or applicant’s lawyer\] \*Applicant/\*Applicant’s lawyer This petition is filed by \[name of lawyer for petitioner\] for \[name of petitioner\]. The petitioner’s address for service is: \[address for service\].