Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p23
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 53524–56155

person's estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.

11.04  Administrator's petition
  A petition presented under section 247 of the Bankruptcy Act for an order for the administration of the estate of a deceased person must be:
 (a) in accordance with Form B15; and
 (b) accompanied by an affidavit of a person who knows the relevant facts verifying the petition.
Note: The petition must also be accompanied by a statement, in duplicate, of the deceased person's affairs and of the administrator's administration of the deceased person's estate (see subsection 247(1) of the Bankruptcy Act).

11.05  Documents to be served
  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a petition presented under section 247 of the Bankruptcy Act, the applicant must serve on each person known to the applicant to be a creditor of the estate of the deceased person or such other person as the Court directs:
 (a) the petition; and
 (b) a copy of the affidavit, or affidavits, verifying the petition required by rule 11.04; and
 (c) a copy of the statement of the deceased person's affairs and of the administrator's administration of the deceased person's estate required by subsection 247(1) of the Bankruptcy Act.

11.06  Entry of order
  If:
 (a) the Court makes an order under section 244 or 247 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 before the end of the period of 2 days beginning on the day the order was made (see subsections 244(14) and 247(3) of the Bankruptcy Act).

Part 12—Warrants

12.01  Arrest of debtor or bankrupt
 (1) An application for the issue of a warrant under section 78 of the Bankruptcy Act for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.
 (2) The application must be accompanied by an affidavit stating the facts in support of the application.
 (3) The warrant must be in accordance with Form B16.
 (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.

12.02  Apprehension of person failing to attend Court