Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p11
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 25188–27670

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 to any person who has, in accordance with section 156A of the Bankruptcy Act, consented to act as the trustee of the debtor's estate.
Note: The applicant creditor must also give a copy of the order to the Official Receiver before the end of the period of 2 days beginning on the day the order was made: see subsection 52(1A) of the Bankruptcy Act.
 (3) If 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 creditor must, as soon as practicable, request entry of the order in accordance with that Division.

4.08  Entry of order for dismissal etc. of creditor's petition
 (1) This rule applies if the Court makes an order:
 (a) dismissing a creditor's petition; or
 (b) granting leave for a creditor's petition to be withdrawn; or
 (c) under subsection 52(5) of the Bankruptcy Act.
 (2) If the order is not entered in accordance with Division 39.4 of the Federal Court Rules 2011 at the time the order is made,