Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p23
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 53921–56521

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 Bankruptcy Act for an order for the administration of the estate of a deceased person must be:
 (a) in accordance with Form B15; and
 (b) accompanied by an affidavit of a person who knows the relevant facts verifying the petition.
Note: The petition must also be accompanied by a statement, in duplicate, of the deceased person's affairs and of the administrator's administration of the deceased person's estate: see subsection 247(1) of the Bankruptcy Act.

11.05  Documents to be served
  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a petition presented under section 247 of the Bankruptcy Act, the applicant must serve on each person known to the applicant to be a creditor of the estate of the deceased person or such other person as the Court directs:
 (a) the petition; and
 (b) a copy of the affidavit, or affidavits, verifying the petition required by rule 11.04; and
 (c) a copy of the statement of the deceased person's affairs and of the administrator's administration of the deceased person's estate required by subsection 247(1) of the Bankruptcy Act.

11.06  Entry of order
  If:
 (a) the Court makes an order under section 244 or 247 of the Bankruptcy Act; and
 (b) the order is not entered in accordance with Division 39.4 of the Federal Court Rules 2011 at the