Bankruptcy Regulations 2021

PART 4 - PROCEEDINGS IN CONNECTION WITH BANKRUPTCY  

Division 1 - Bankruptcy notices  

SECTION 8   APPLICATION FOR BANKRUPTCY NOTICE  

8(1)    
This section sets out the requirements for an application to the Official Receiver for a bankruptcy notice by a person who has obtained against a debtor one, or 2 or more, final judgments or final orders of a kind described in paragraph 40(1)(g) of the Act.

Note:

Subsection 40(3) of the Act sets out several deeming rules for the purposes of paragraph 40(1)(g) of the Act.

8(2)    
The application must be in the approved form.

8(3)    
The application must specify the final judgment or final order or each of those final judgments or final orders.

8(4)    
The application must include:

(a)    if any final order specified in the application is an award that is a final order because of subparagraph 40(3)(a)(i) of the Act - both of the following:

(i) a copy of the award certified as a true copy by the arbitrator who made the award or by an officer of the Court who has compared the copy with the original award;

(ii) a sealed or certified copy of the order giving leave to enforce the award; and

(b)    for any other final order or final judgment specified in the application - at least one of the following:

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

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

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

Note 1:

For bankruptcy notices, see section 9 and Schedule 1 .

Note 2:

A fee is payable to the Official Receiver for an application under this section (see the Fees and Remuneration Determination).