Bankruptcy Regulations 1996

PART 6 - ADMINISTRATION OF PROPERTY  

Division 5 - Realisation of property  

REGULATION 6.10   DISCLAIMER OF ONEROUS PROPERTY  

6.10(1)    
A notice of disclaimer under subsection 133(1) or (1A) of the Act must:

(a) in every case - adequately identify:

(i) the bankrupt to whom the notice relates; and

(ii) the property or contract being disclaimed; and

(b) in the case of disclaimer, without the leave of the Court, of:

(i) a lease - set out facts showing that subsection 133(4) of the Act has been complied with; or

(ii) a contract - set out facts showing that the contract is, for the purposes of subsection 133(5A) of the Act, an unprofitable contract.

6.10(2)    
A trustee who gives a notice of disclaimer under subsection 133(1) or (1A) of the Act must give the notice to each person who, to the trustee's knowledge:

(a) in the case of disclaimer of property - has an interest in the property; or

(b) in the case of a contract - is entitled to a benefit of, or subject to a burden or liability under, the contract.