Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p21
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 48691–51392

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 notice of the time, date and place fixed for the hearing on each creditor named in the debtor's statement of affairs.
 (2) The notice must be in accordance with Form B13.

10.05  Entry of order
  If:
 (a) the Court makes an order under subsection 222(1), (2) or (5) or subsection 222C(1) of the Bankruptcy Act; and
 (b) the order is not entered in accordance with rule 17.08 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 at the time the order is made;
the applicant must, as soon as practicable, request entry of the order in accordance with that rule.
Note: A copy of the order must be given to the Official Receiver within 2 days after the order is made (see subsection 67(1) of the Bankruptcy Regulations 2021).

Part 11—Administration of estates of deceased persons

11.01  Creditor's petition
  A creditor's petition presented under section 244 of the Bankruptcy Act for an order for the administration of a deceased person's estate must be:
 (a) in accordance with Form B14; and
 (b) accompanied by the affidavit verifying the petition required by subsection