Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p22
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 51468–54141

on the debtor of notice of an application: see subsection 222(12) of the Bankruptcy Act.

10.04  Notice to creditors
 (1) At least 5 days before the date fixed for the hearing of the application, the applicant must serve a written notice of the time, date and place fixed for the hearing on each creditor named in the debtor's statement of affairs.
 (2) The notice must be in accordance with Form B13.

10.05  Entry of order
  If:
 (a) the Court makes an order under subsection 222(1), (2) or (5) or subsection 222C(1) of the Bankruptcy Act; and
 (b) the order is not entered in accordance with Division 39.4 of the Federal Court Rules 2011 at the time the order is made;
the applicant must, as soon as practicable, request entry of the order in accordance with that Division.
Note: Subject to subsection 67(2) of the Bankruptcy Regulations, a copy of the order must be given to the Official Receiver within 2 business days after the order is made: see subsection 67(1) of that instrument.

Part 11—Administration of estates of deceased persons

11.01  Creditor's petition
  A creditor's petition presented under section 244 of the Bankruptcy Act for an order for the administration of a deceased person's estate must be:
 (a) in accordance with Form B14; and
 (b) accompanied by the affidavit verifying the petition required by subsection 244(5) of the Bankruptcy Act.

11.02  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 presented under section 244 of the Bankruptcy Act, the applicant creditor must serve on the legal personal representative of the deceased person or such other person as the Court directs:
 (a) the creditor's petition; and
 (b) a copy of the affidavit, or affidavits, verifying the petition required by subsection 244(5) of the Bankruptcy Act; and
 (c) a copy of any consent to act as trustee of the deceased person's estate filed under section 156A of the Bankruptcy Act.

11.03  Additional affidavits to be filed before hearing of creditor's petition
 (1) Before the hearing of a creditor's petition presented under section 244 of the Bankruptcy Act, the applicant creditor must comply with this rule.
 (2) The applicant creditor must file an affidavit that:
 (a) states that the documents required to be served under rule 11.02 have been served, and when and how they were served; and
 (b) has attached to it a copy of the petition and proof of service in relation to the petition.
 (3) The applicant creditor must file an affidavit, of a person who has, no earlier than the day before the hearing date for the petition, searched, or caused a search to