Bankruptcy Amendment Regulations 2010 (No. 1) (195 of 2010)

Schedule 1   Amendments

[3]   Regulation 4.01

substitute

4.01 Application for bankruptcy notice

(1) Subject to subregulation (2), to apply for the issue of a bankruptcy notice, a person must lodge with the Official Receiver:

(a) an application in the approved form; and

(b) 1 of the following documents in relation to the final judgment or final order specified by the person on the approved form:

(i) a copy of the sealed or certified judgment or order;

(ii) a certificate of the judgment or order sealed by the court or signed by an officer of the court;

(iii) a copy of the entry of the judgment or order certified as a true copy of that entry and sealed by the court or signed by an officer of the court.

(2) If the final judgment or final order specified by the person on the approved form is an award mentioned in paragraph 40 (3) (a) of the Act, the person must lodge with the Official Receiver:

(a) an application in the approved form; and

(b) a copy of the award certified as a true copy by the arbitrator who made the award or, failing the arbitrator, by an officer of the Court after having compared the copy with the original award; and

(c) a sealed or certified copy of the order giving leave to enforce the award.

Note 1 For bankruptcy notices, see regulation 4.02 and Form 1.

Note 2 A fee is payable to the Official Registrar for an application under this regulation - see Fees and Remuneration Determination.