Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p10
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 22472–24981

a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and
 (c) if applicable, a copy of the affidavits relating to the petition required by rule 4.04; and
 (d) a copy of any consent to act as trustee of the debtor's estate filed under section 156A of the Bankruptcy Act.

4.06  Additional affidavits to be filed before hearing
 (1) Before the hearing of a creditor's petition, 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 4.05 have been served, and when and how they were served; and
 (b) has attached to it a copy of the documents that were served and proof of service in relation to the documents.
 (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 debtor; 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 when 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 debt stated in the petition is an amount payable to the applicant creditor under a judgment of a court that ordered the amount to be paid into the court, the applicant creditor must file an affidavit:
 (a) of a person who has, not earlier than the day before the hearing date for the petition, searched in the proper office of the court; and
 (b) that states whether the amount of the debt (or part of that amount) has been paid as ordered.

4.07  Notification and entry of sequestration order
 (1) A sequestration order must be in accordance with Form B7.
 (2) If the Court makes a sequestration order against the estate of a debtor, the applicant creditor must:
 (a) on the day the order is made, notify the trustee, in writing, of his or her appointment; and
 (b) within 2 days after the order is made, give a copy of the sequestration order