Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p9
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
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Character Range: 20274–23007

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 the time for compliance with the bankruptcy notice, the following documents must be served on the respondent creditor within 3 days after the order is made:
 (a) the application;
 (b) the supporting affidavit;
 (c) the order.

Part 4—Creditors' petitions

4.01  Application of Part 4
  This Part applies in relation to a creditor's petition seeking a sequestration order against the estate of a debtor.

4.02  Requirements for creditor's petition and supporting affidavit
 (1) For subsection 47(1A) of the Bankruptcy Act, a creditor's petition must be in accordance with Form B6.
 (2) The affidavit (the verifying affidavit) verifying the petition required by subsection 47(1) of the Bankruptcy Act must:
 (a) be included in the petition in accordance with Form B6; or
 (b) accompany the petition.
 (3) The petition must also be accompanied by any affidavits relating to the petition required by rule 4.04.
 (4) Unless the petition is faxed, or sent by electronic communication, to a Registry for filing, the petition must also be accompanied by sufficient copies of the petition for service and proof of service.
 (5) If the petition is accompanied by the verifying affidavit in accordance with paragraph (2)(b), 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 Circuit 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 Circuit