Bankruptcy Act 1966

PART VI - ADMINISTRATION OF PROPERTY

Division 1 - Proof of debts

SECTION 84 MANNER OF PROVING DEBTS

84(1) [Proof of debt]

Subject to this Division, a creditor who desires to prove a debt in a bankruptcy shall lodge, or cause to be lodged, with the trustee a proof of debt in accordance with this section.

84(2) [Form of proof of debt]

A proof of debt:

(a) shall set out particulars of the debt;

(b) shall be in accordance with the approved form;

(c) shall specify the vouchers, if any, by which the debt can be substantiated; and

(d) shall state whether or not the creditor is a secured creditor.

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84(3) [Statutory declarations may be required]

Where the trustee is of the opinion that it is desirable that all the matters, or some of the matters, contained in a proof of debt lodged with him or her by a creditor should be verified by statutory declaration, the trustee may serve on the creditor a written notice informing the creditor that he or she is of that opinion and that, unless the creditor lodges with the trustee a statutory declaration verifying the matters contained in the proof of the debt or such of those matters as the trustee specifies in the notice, the trustee will administer the estate as if the proof of debt had not been lodged.

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84(4) [Who may lodge statutory declaration]

A statutory declaration verifying matters in a proof of debt lodged by a creditor may be made by:

(a) the creditor; or

(b) a person whose own knowledge includes the facts set out in the statutory declaration and the proof of debt, and who is authorised by the creditor to make the declaration.

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84(5) [Proof of debt deemed not lodged until statutory declaration]

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Where the trustee serves a notice on a creditor under subsection (3) in respect of a proof of debt, the proof of debt shall, for the purposes of this Act (other than section 263 ), be deemed not to have been lodged with the trustee unless and until the creditor has lodged with the trustee a statutory declaration verifying the matters in the proof of debt or such of those matters as are specified in the notice, as the case requires.

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History

S 84(5) amended by No 137 of 2000, s 3 and Sch 2 item 52, by omitting " or 263B " after " 263 " , effective 24 May 2001.

Act No 137 of 2000 contained the following transitional provisions, effective 24 May 2001:

418 Transitional - pre-commencement offences
418(1)
Despite the amendment or repeal of a provision, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.

418(2)
Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901 .
419 Transitional - pre-commencement notices
419
If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

(b) any or all of those other provisions are repealed; and

(c) the first-mentioned provision is amended;
the amendment of the first-mentioned provision does not affect the validity of such a notice that was given before the commencement of this item.

S 84(5) inserted by No 12 of 1980, s 43.

84(6) [Postage rule]

A proof of debt under this section, or a statutory declaration referred to in subsection (3), sent to the trustee by post as certified mail (postage being prepaid) shall be deemed to have been lodged with the trustee and shall be deemed to have been so lodged at the time at which it would have been delivered in the ordinary course of post unless it is shown that the trustee did not receive it at that time.

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