Family Court Rules 2021

If the bankruptcy trustee of a bankrupt party to a marriage or de facto relationship has applied under the Bankruptcy Act section 139A for an order under Part VI Division 4A, and the trustee knows that a relevant case in relation to the bankrupt party is pending in a court exercising jurisdiction under the Act or the Family Law Act, the trustee must notify —

the court exercising jurisdiction under the Act or the Family Law Act in the relevant case, in accordance with subrule (2); and

if the bankruptcy trustee’s application relates to an entity other than the other party to the marriage or de facto relationship, the other party to the marriage or de facto relationship, in accordance with subrule (3).

For the purposes of subrule (1)(a), notice to the court must —

be in writing; and

be given within 7 days, or as soon as practicable, after the bankruptcy trustee makes the application under the Bankruptcy Act section 139A; and

state the date and place of the next court event in the proceedings under the Bankruptcy Act section 139A.

For the purposes of subrule (1)(b), notice to the other party to the marriage or de facto relationship must —

be in writing; and

be given within 7 days, or as soon as practicable, after the bankruptcy trustee makes the application under the Bankruptcy Act section 139A; and

attach a copy of the application, other initiating process and any other relevant documents in the application under the Bankruptcy Act section 139A; and

state the date and place of the next court event in the proceedings under the Bankruptcy Act section 139A.