Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p21
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 49013–51698

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 the time the order is made;
the applicant must, within 1 day after the order is made, request entry of the order in accordance with that Division.
 (2) Within 2 days after the order is entered, the applicant must give a copy of the entered order to the Official Receiver.

Part 10—Personal insolvency agreements

10.01  Application of Part 10
  This Part applies to the following applications:
 (a) an application under section 222 of the Bankruptcy Act for an order setting aside a personal insolvency agreement;
 (b) an application under section 222C of the Bankruptcy Act for an order terminating a personal insolvency agreement;
 (c) an application under section 222 of the Bankruptcy Act (as applied by section 76B of that Act) for an order setting aside a composition or scheme of arrangement;
 (d) an application under section 222C of the Bankruptcy Act (as applied by section 76B of that Act) for an order terminating a composition or scheme of arrangement.

10.02  Requirements for application
 (1) An application must be accompanied by an affidavit stating the facts relied on to establish the relevant ground for making the order.
Note: The grounds for making the order are stated in subsections 222(1), (2) and (5) and subsection 222C(1) of the Bankruptcy Act.
 (2) The affidavit accompanying an application for an order under subsection 222(2) of the Bankruptcy Act must also state the facts relied on to satisfy the prerequisite in subsection 222(4) of that Act for making the order.
 (3) The affidavit accompanying an application for an order under subsection 222(5) of the Bankruptcy Act must also state the facts relied on to satisfy the prerequisite in subsection 222(7) of that Act for making the order.
 (4) If an application is made by a trustee or creditor who also seeks a sequestration order in accordance with subsection 222(10) or 222C(5) of the Bankruptcy Act, that must be stated in the application.

10.03  Service
  Unless the Court otherwise orders, 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; and
 (b) the trustee of the estate; and
 (c) the Official Receiver.
Note: The Court may dispense with service on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.

10.04  Notice to creditors
 (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written