PETITIONPETITION

PETITION

The applicant creditor, \[name and address of creditor\], applies to the Court for an order of administration in bankruptcy of the estate of the late \[name of deceased respondent debtor\] who died on \[date of death\].
1. The estate of the deceased respondent debtor owes the applicant creditor the amount of \[$ amount\] for \[statement of reason for the debt\]. This debt is a liquidated sum payable immediately or at a certain future time.
2. The applicant creditor does not hold security over the property of the deceased respondent debtor.
OR
The applicant creditor holds security over the property of the deceased 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 for administration of the estate in bankruptcy is made;

OR

(b) the value of the property is [$ amount], which leaves an unsecured debt of [$ amount].

Note If there is more than 1 creditor, this form may be appropriately amended.

3. At the time of the respondent debtor’s death, 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. \[Also state any details of the status of any authorisation to administer the deceased person’s estate.\]

Date:

\[signed, petitioner or lawyer for petitioner\]
\*Petitioner/\*Petitioner’s lawyer
\* Omit if inapplicable