Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p20
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 46317–48947

(2) An application for an order declaring that all, or a specified part, of a debt agreement is void must be accompanied by an affidavit stating the facts relied on to establish the relevant ground in subsection 185T(2) of the Bankruptcy Act for applying for the order.
 (3) A copy of the debt agreement must be attached to the affidavit referred to in subrule (1) or (2).
 (4) If an application is made by a creditor who also seeks a sequestration order in accordance with subsection 185Q(2) or 185T(4) of the Bankruptcy Act, that must be stated in the application.

9.03  Service
  At least 5 days before the date fixed for the hearing of an application, the application and supporting affidavit must be served on:
 (a) the debtor (or the debtor's personal representative if the debtor has died); and
 (b) if the applicant is not the Official Trustee—the Official Receiver.

9.04  Notice to creditors
 (1) At least 5 days before the date fixed for the hearing of an application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each person known to the applicant to be a creditor of the debtor.
 (2) The notice must be in accordance with Form B13.

9.05  Entry and service of order
 (1) If:
 (a) the Court makes an order under section 185Q or 185U of the Bankruptcy Act; and
 (b) the order is not entered in accordance with rule 17.08 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 at the time the order is made;
the applicant must, within 1 day after the order is made, request entry of the order in accordance with that rule.
 (2) Within 2 days after the order is entered, the applicant must give a copy of the entered order to the Official Receiver.

Part 10—Personal insolvency agreements

10.01  Application of Part 10
  This Part applies to the following applications:
 (a) an application under section 222 of the Bankruptcy Act for an order setting aside a personal insolvency agreement;
 (b) an application under section 222C of the Bankruptcy Act for an order terminating a personal insolvency agreement;
 (c) 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;
 (d) 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.

10.02  Requirements for application
 (1) An application must be accompanied by an affidavit stating the facts relied on to establish the relevant ground for making the order.
Note: