Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p8
Version: federal_register_of_legislation:F2021L01200
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notice where an application has been made to the Court to set aside the bankruptcy notice, see paragraph 41(6A)(b) of the Bankruptcy Act and rule 3.03.
Note 3: For the deemed extension of time for compliance with a bankruptcy notice where a counter‑claim, set‑off or cross demand is raised under paragraph 40(1)(g) of the Bankruptcy Act, see subsection 41(7) of that Act.

3.03  Extension of time for compliance with bankruptcy notice
 (1) An application for an extension of time, under subsection 41(6A) of the Bankruptcy Act, for compliance with a bankruptcy notice must be accompanied by an affidavit stating:
 (a) the grounds in support of the application; and
 (b) the date when the bankruptcy notice was served on the applicant.
Note: See also subsection 41(6C) of the Bankruptcy Act.
 (2) The following must be attached to the affidavit:
 (a) a copy of the bankruptcy notice;
 (b) a copy of any application to set aside a judgment or order in relation to which the bankruptcy notice was issued and any material in support of that application.
 (3) The application may be 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 court date.
 (5) If, on application, the Court extends the time for compliance with a 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