Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p20
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 46643–49224

be served on:
 (a) the Official Receiver; and
 (b) the bankrupt; and
 (c) anyone else (including a creditor) as ordered by the Court.
 (5) If the Court makes the order sought, and 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 trustee must, within 1 day after the order is made, request entry of the order in accordance with that Division.
 (6) Within 2 days after the order is entered, the trustee must give a copy of the entered order to the Official Receiver.

Part 9—Debt agreements

9.01  Application of Part 9
  This Part applies to the following applications:
 (a) an application under section 185Q of the Bankruptcy Act for an order terminating a debt agreement;
 (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.

9.02  Requirements for application
 (1) An application for an order terminating a debt agreement must be accompanied by an affidavit stating the facts relied on to satisfy the relevant prerequisite in subsection 185Q(4) of the Bankruptcy Act for making the order.
 (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 Division 39.4 of the Federal Court Rules 2011 at