Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p19
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 43892–46543

date fixed for the hearing of the application, the applicant must serve the application and supporting affidavit on each person known to the applicant to be a creditor of the estate.
 (5) If the Court makes the order sought, the applicant must, as soon as practicable, serve a copy of the order on the Official Receiver.

8.02  Resignation or release of trustee
 (1) This rule applies to the following applications:
 (a) an application for the acceptance under section 180 of the Bankruptcy Act of a trustee's resignation from the office of trustee of an estate;
 (b) an application under subsection 183(1) of the Bankruptcy Act for the release of a trustee from the trusteeship of an estate.
 (2) The application must be accompanied by an affidavit stating the grounds in support of the application.
 (3) For an application referred to in paragraph (1)(b), the following must be attached to the affidavit:
 (a) a statement giving details of the realisation of the bankrupt's property and the distribution of the estate by the trustee;
 (b) a copy of the books referred to in section 70‑10 of Schedule 2 to the Bankruptcy Act in relation to the estate.
 (4) The application and supporting affidavit must be served on:
 (a) the Official Receiver; and
 (b) the bankrupt; and
 (c) anyone else (including a creditor) as ordered by the Court.
 (5) If the Court makes the order sought, and 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 trustee must, within 1 day after the order is made, request entry of the order in accordance with that rule.
 (6) Within 2 days after the order is entered, the trustee must give a copy of the entered order to the Official Receiver.

Part 9—Debt agreements

9.01  Application of Part 9
  This Part applies to the following applications:
 (a) an application under section 185Q of the Bankruptcy Act for an order terminating a debt agreement;
 (b) an application under section 185T of the Bankruptcy Act for an order declaring that all, or a specified part, of a debt agreement is void.

9.02  Requirements for application
 (1) An application for an order terminating a debt agreement must be accompanied by an affidavit stating the facts relied on to satisfy the relevant prerequisite in subsection 185Q(4) of the Bankruptcy Act for making the order.
 (2) An application for an order declaring that all, or a specified part, of a debt agreement is void must be accompanied by an affidavit stating the facts relied on to establish the relevant ground in subsection 185T(2) of the