Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p4
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 8231–10967

to rule 1.06.

1.06  Expressions used in the Bankruptcy Act
  An expression used in these Rules and in the Bankruptcy Act has the same meaning in these Rules as it has in the Bankruptcy Act.
Note: A number of expressions used in these Rules are defined in the Bankruptcy Act, including the following:
(a) bankrupt;
(b) books;
(c) creditor;
(d) creditor's petition;
(e) debt agreement;
(f) debtor's petition;
(g) examinable affairs;
(h) examinable person;
(i) National Personal Insolvency Index;
(j) Official Trustee;
(k) personal insolvency agreement;
(l) petition;
(m) proclaimed law;
(n) property;
(o) the Official Receiver;
(p) the trustee.

1.07  Forms
 (1) In these Rules, a reference consisting of the word "Form" followed by the letter "B" and a number is a reference to the form so numbered approved under subrule (2).
 (2) The Chief Justice may approve a form for the purpose of a provision of these Rules.
 (3) A form approved under subrule (2) must be published on the Court's website.
Note: The Court's website is http://www.fedcourt.gov.au.
 (4) It is sufficient compliance with these Rules in relation to a document that is required to be in accordance with an approved form if the document:
 (a) is substantially in accordance with the approved form and the Court's requirements; or
 (b) has only such variations as the nature of the case requires.
Note: The Court's requirements in relation to preparing and lodging documents are set out in practice notes issued by the Chief Justice.
 (5) If these Rules do not prescribe a form for a particular purpose, a form prescribed in other rules of the Court for that purpose may be used, but the document must have a title in accordance with Form B1.

Part 2—General

2.01  Originating application and interim application
 (1) Unless these Rules otherwise provide, a person must make an application required or permitted by the Bankruptcy Act to be made to the Court:
 (a) if the application is not made in a proceeding already commenced in the Court—by filing an application in accordance with Form B2; or
 (b) in any other case—by filing an interim application in accordance with Form B3.
Note: For applications in proceedings under the Cross‑Border Insolvency Act, see Part 14.
 (2) If final relief has been granted in relation to a proceeding under the Bankruptcy Act or the Cross‑Border Insolvency Act, a person may make an application to the Court in relation to the proceeding by filing an interim application in accordance with Form B3 unless the Court otherwise directs.
 (3) An application filed in accordance with Form B2 must state:
 (a) each section of the Bankruptcy Act, each section of the Bankruptcy Regulations or each section of the Cross‑Border Insolvency