Bankruptcy Regulations 1996

PART 4 - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY

Division 1 - Bankruptcy notices

REGULATION 4.01 APPLICATION FOR BANKRUPTCY NOTICE

4.01(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.

4.01(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.

View history note

History

Reg 4.01 substituted by No 195 of 2010, reg 3 and Sch 1 item 3, effective 1 August 2010. Reg 4.01 formerly read:

REGULATION 4.01 APPLICATION FOR BANKRUPTCY NOTICE
4.01(1)
In order to apply for the issue of a bankruptcy notice, a person must lodge with the Official Receiver:

(a) a duly completed draft bankruptcy notice; and

(b) one of the following documents in respect of the final judgment or final order specified by the person on the approved form:

(i) a sealed or certified copy of the 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;

(iv) in the case of an award referred to in paragraph 40(3)(a) of the Act:

(A) 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

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

(c) a copy of the draft bankruptcy notice for the Official Receiver's records and sufficient additional copies of the draft bankruptcy notice for service and for annexure to any required affidavits of service.
Note:

For bankruptcy notices, see r 4.02 and Form 1.

4.01(2)
If documents are lodged with the Official Receiver in accordance with subregulation (1), he or she must sign (by hand or by facsimile reproduction) and date the copies of the bankruptcy notice lodged in accordance with paragraph (1)(c), and return to the applicant the additional copies referred to in that paragraph.

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