Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p8
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 17837–20482

is based on the ground that the debtor has a counter‑claim, set‑off or cross demand referred to in paragraph 40(1)(g) of the Bankruptcy Act, the affidavit must also state:
 (a) the full details of the counter‑claim, set‑off or cross demand; and
 (b) the amount of the counter‑claim, set‑off or cross demand and the amount by which it exceeds the amount claimed in the bankruptcy notice; and
 (c) why the counter‑claim, set‑off or cross demand was not raised in the proceedings that resulted in the judgments or orders to which the bankruptcy notice relates.
 (4) If the application is based on the ground that the debtor has instituted proceedings to set aside a judgment or order in relation to which the bankruptcy notice was issued, a copy of the application to set aside the judgment or order and any material in support of that application must also be attached to the affidavit.
 (5) The application and supporting affidavit must be served on the respondent creditor within 3 days after the application is filed.
Note 1: For extensions of time for compliance with a bankruptcy notice where an application has been made to set aside a judgment or order in respect of which the bankruptcy notice was issued, see paragraph 41(6A)(a) and subsection 41(6C) of the Bankruptcy Act and rule 3.03.
Note 2: For extensions of time for compliance with a bankruptcy notice where an application has been made to the Court to set aside the bankruptcy notice, see paragraph 41(6A)(b) of the Bankruptcy Act and rule 3.03.
Note 3: For the deemed extension of time for compliance with a bankruptcy notice where a counter‑claim, set‑off or cross demand is raised under paragraph 40(1)(g) of the Bankruptcy Act, see subsection 41(7) of that Act.

3.03  Extension of time for compliance with bankruptcy notice
 (1) An application for an extension of time, under subsection 41(6A) of the Bankruptcy Act, for compliance with a bankruptcy notice must be accompanied by an affidavit stating:
 (a) the grounds in support of the application; and
 (b) the date when the bankruptcy notice was served on the applicant.
Note: See also subsection 41(6C) of the Bankruptcy Act.
 (2) The following must be attached to the affidavit:
 (a) a copy of the bankruptcy notice;
 (b) a copy of any application to set aside a judgment or order in relation to which the bankruptcy notice was issued and any material in support of that application.
 (3) The application may be made in the absence of a party.
 (4) The application need be heard in open court only if it is for an extension of time to a date after the first directions hearing.
 (5) If, on application, the Court extends