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s 5.01

Referral of debtor’s petition

In force
Part 5Debtors’ petitions

5.01 Referral of debtor’s petition

(1)

A referral of a debtor’s petition to the Court by the Official Receiver under subsection 55(3B), 56C(1) or 57(3B) of the Bankruptcy Act must be in accordance with Form B8.

(2)

On receiving a referral, a Registrar must fix a time, date and place for the hearing of the referral.

(3)

At least 3 days before the date fixed for the hearing, the Official Receiver must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:

(a)

each debtor who presented the debtor’s petition; and

(b)

for each creditor’s petition of the kind referred to in subsection 55(3B), 56C(1) or 57(3B) of the Bankruptcy Act:

(i)

each debtor against whom the creditor’s petition was made; and

(ii)

each creditor who presented the creditor’s petition; and

(c)

if subsection 56C(4) of the Bankruptcy Act applies to the debtor’s petition—the person administering the relevant proclaimed law.

(4)

The notice required by subrule (3) must be in accordance with the notice set out in Form B8.

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