Federal Court (Bankruptcy) Rules 2016

Before the hearing of a creditor’s petition presented under section 244 of the Bankruptcy Act, the applicant creditor must comply with this rule.

The applicant creditor must file an affidavit that:

states that the documents required to be served under rule 11.02 have been served, and when and how they were served; and

has attached to it a copy of the petition and proof of service in relation to the petition.

The applicant creditor must file an affidavit, of a person who has, no earlier than the day before the hearing date for the petition, searched, or caused a search to be made, in the National Personal Insolvency Index, that:

sets out the details of any references in the Index to the deceased person; and

states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:

on the day on which the petition was presented; and

on the day when the search was made; and

has attached to it a copy of the relevant extract of the Index.

The applicant creditor must file an affidavit of a person who knows the relevant facts that:

was sworn as soon as practicable before the hearing date for the petition; and

states that each debt on which the applicant creditor relies is still owing.

If a proceeding has been commenced in a court for the administration of the deceased person’s estate under a State or Territory law, the applicant creditor must file an affidavit of a person who knows the relevant facts setting out details of the proceeding.