Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p12
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 27449–30090

a creditor's petition to be withdrawn; or
 (c) under subsection 52(5) of the Bankruptcy Act.
 (2) If the order is not entered in accordance with Division 39.4 of the Federal Court Rules 2011 at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with that Division.

4.09  Service of order
  Within 2 days after an order referred to in rule 4.07 or 4.08 is entered in accordance with Division 39.4 of the Federal Court Rules 2011, the applicant creditor must give a copy of the entered order to:
 (a) any person who has, in accordance with section 156A of the Bankruptcy Act, consented to act as the trustee of the debtor's estate; and
 (b) the Official Receiver.

Part 5—Debtors' petitions

5.01  Referral of debtor's petition
 (1) A referral of a debtor's petition to the Court by the Official Receiver under subsection 55(3B), 56C(1) or 57(3B) of the Bankruptcy Act must be in accordance with Form B8.
 (2) On receiving a referral, a Registrar must fix a time, date and place for the hearing of the referral.
 (3) At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:
 (a) each debtor who presented the debtor's petition; and
 (b) for each creditor's petition of the kind referred to in subsection 55(3B), 56C(1) or 57(3B) of the Bankruptcy Act:
 (i) each debtor against whom the creditor's petition was made; and
 (ii) each creditor who presented the creditor's petition; and
 (c) if subsection 56C(4) of the Bankruptcy Act applies to the debtor's petition—the person administering the relevant proclaimed law.
 (4) The notice required by subrule (3) must be in accordance with the notice set out in Form B8.

Part 6—Examinations

Division 6.1—Examination of debtor or examinable person under section 50 of the Bankruptcy Act

6.01  Application for summons
 (1) An application under section 50 of the Bankruptcy Act for a debtor, or an examinable person in relation to a debtor, to be summoned for examination must be in accordance with Form B2.
Note: More than one application may be included in the same Form B2.
 (2) The application must be accompanied by an affidavit complying with this rule.
 (3) The affidavit must:
 (a) identify:
 (i) the person sought to be examined; and
 (ii) if that person is an examinable person in relation to a debtor—the debtor; and
 (b) if the person sought to be examined is an examinable person—state the facts relied on by the applicant to establish that the person to be summoned is an examinable