Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p10
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 22786–25399

the Court and the records of the Federal Circuit Court have been searched and no application in relation to the bankruptcy notice has been made; or
 (ii) that an application was made in the Court or in the Federal Circuit Court (as the case may be) for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or
 (iii) that an application was made in the Court or in the Federal Circuit Court (as the case may be) for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and
 (b) an affidavit of service of the relevant bankruptcy notice.
 (2) If an affidavit required by paragraph (1)(a) states the matters referred to in subparagraph (1)(a)(i), a copy of the search must be attached to the affidavit.
 (3) If an affidavit required by paragraph (1)(a) states that an application referred to in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit.
 (4) A copy of the bankruptcy notice must be attached to the affidavit required by paragraph (1)(b).

4.05  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, the applicant creditor must serve on the respondent debtor:
 (a) the creditor's petition; and
 (b) 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