Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p22
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 51141–53778

petition presented under section 244 of the Bankruptcy Act for an order for the administration of a deceased person's estate must be:
 (a) in accordance with Form B14; and
 (b) accompanied by the affidavit verifying the petition required by subsection 244(5) of the Bankruptcy Act.

11.02  Documents to be served
  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor's petition presented under section 244 of the Bankruptcy Act, the applicant creditor must serve on the legal personal representative of the deceased person or such other person as the Court directs:
 (a) the creditor's petition; and
 (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 244(5) of the Bankruptcy Act; and
 (c) a copy of any consent to act as trustee of the deceased person's estate filed under section 156A of the Bankruptcy Act.

11.03  Additional affidavits to be filed before hearing of creditor's petition
 (1) Before the hearing of a creditor's petition presented under section 244 of the Bankruptcy Act, the applicant creditor must comply with this rule.
 (2) The applicant creditor must file an affidavit that:
 (a) states that the documents required to be served under rule 11.02 have been served, and when and how they were served; and
 (b) has attached to it a copy of the petition and proof of service in relation to the petition.
 (3) The applicant creditor must file an affidavit, of a person who has, no earlier than the day before the hearing date for the petition, searched, or caused a search to be made, in the National Personal Insolvency Index, that:
 (a) sets out the details of any references in the Index to the deceased person; and
 (b) states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:
 (i) on the day on which the petition was presented; and
 (ii) on the day when the search was made; and
 (c) has attached to it a copy of the relevant extract of the Index.
 (4) The applicant creditor must file an affidavit of a person who knows the relevant facts that:
 (a) was sworn as soon as practicable before the hearing date for the petition; and
 (b) states that each debt on which the applicant creditor relies is still owing.
 (5) If a proceeding has been commenced in a court for the administration of the deceased person's estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.

11.04  Administrator's petition
  A petition presented under section 247 of the