Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p9
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 20029–22702

a copy of the petition must be attached to the verifying affidavit.

4.03  Creditor's petition founded on issue of execution against debtor
 (1) If a creditor's petition is founded on an act of bankruptcy specified in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition required by subsection 47(1) of the Bankruptcy Act must state:
 (a) that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or
 (b) that the writ or warrant of execution relating to the act of bankruptcy has been returned unsatisfied.
 (2) If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.

4.04  Creditor's petition founded on failure to comply with bankruptcy notice etc.
 (1) If a creditor's petition is founded on an act of bankruptcy specified in paragraph 40(1)(g) of the Bankruptcy Act, the petition must also be accompanied by:
 (a) an affidavit stating:
 (i) that the records of the Court and the records of the Federal Court have been searched and no application in relation to the bankruptcy notice has been made; or
 (ii) that an application was made in the Court or in the Federal Court (as the case may be) for an order setting aside the relevant bankruptcy notice and the application has been finally decided; or
 (iii) that an application was made in the Court or in the Federal Court (as the case may be) for an order extending the time for compliance with the bankruptcy notice and the application has been finally decided; and
 (b) an affidavit of service of the relevant bankruptcy notice.
 (2) If an affidavit required by paragraph (1)(a) states the matters referred to in subparagraph (1)(a)(i), a copy of the search must be attached to the affidavit.
 (3) If an affidavit required by paragraph (1)(a) states that an application referred to in subparagraph (1)(a)(ii) or (iii) was made, a copy of the order finally deciding the application must be attached to the affidavit.
 (4) A copy of the bankruptcy notice must be attached to the affidavit required by paragraph (1)(b).

4.05  Documents to be served
  Unless the Court otherwise orders, at least 5 days before the date fixed for the hearing of a creditor's petition, the applicant creditor must serve on the respondent debtor:
 (a) the creditor's petition; and
 (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 47(1) of the Bankruptcy Act; and
 (c) if applicable, a copy of the affidavits relating to the petition required by rule 4.04; and
 (d) a copy of