The Law of Bankruptcy Notices and Creditors’ Petitions
A practical and accessible source focused on bankruptcy notices and creditors’ petitions
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This book explains the applicable laws and procedures under the Bankruptcy Act 1966 (Cth), the Bankruptcy Regulations 1996, the Federal Court (Bankruptcy) Rules 2016 and the Federal Circuit Court (Bankruptcy) Rules 2016 relevant to bankruptcy notices and creditor’s petitions. Also discussed are the recent changes to the Bankruptcy Act 1966 and the Bankruptcy Regulations 1996 (Cth) introduced by the Coronavirus Economic Response Package Omnibus Act 2020 following the outbreak of COVID-19 within Australia.
This book is a practical resource that focuses on the principles of valid bankruptcy notices and how they may be set aside. It includes precedents that practitioners can readily use upon receiving a bankruptcy brief or matter.
- Annotated Bankruptcy Act 1966, 8th ed, Michael D. Murray & Paul Nichols
- Australian Insolvency Law, 4th ed, Christopher Symes , David Brown & Sulette Lombard
- Statutory Demands and Winding Up in Insolvency, 2nd ed, Farid Assaf
Table of contents
CHAPTER 1 A Brief History and an Overview of the Bankruptcy Act
CHAPTER 2 Valid Bankruptcy Notices
CHAPTER 3 Setting Aside a Bankruptcy Notice
CHAPTER 4 Preparing a Creditor’s Petition
CHAPTER 5 Hearings of Creditors’ Petitions
CHAPTER 6 Opposing a Creditor’s Petition
- Precedent 1 — Bankruptcy notice (Form 1)
- Precedent 2 — Affidavit of service of bankruptcy notice
- Precedent 3 — Substituted service application of a bankruptcy notice
- Precedent 4 — Affidavit in support of substituted service application
- Precedent 5 — Application to set aside bankruptcy notice
- Precedent 6 — Affidavit in support of application to set aside bankruptcy notice
- Precedent 7 — App lication to set aside the bankruptcy notice on the ground that the debtor has a counter-claim, set-off or cross-demand
- Precedent 8 — Affidavit in support of application to set aside the bankruptcy notice on the ground that the debtor has a counter-claim, set-off or cross-demand
- Precedent 9 — Application to extend time to comply with a bankruptcy notice
- Precedent 10 — Affidavit in support of application to extend time to comply with a bankruptcy notice
- Precedent 11 — Section 41(5) notice
- Precedent 12 — Creditor’s petition
- Precedent 13 — Affidavit verifying paragraphs 1, 2, 3, and 4 of the creditor’s petition
- Precedent 14 — Affidavit of service of the creditor’s petition
- Precedent 15 — Application for substituted service of the creditor’s petition
- Precedent 16 — Affidavit in support of application for substituted service of creditor’s petition
- Precedent 17 — Application to extend the life of a creditor’s petition
- Precedent 18 — Aff idavit in support of application to extend the life of a creditor’s petition
- Precedent 19 — Application to amend a creditor’s petition
- Precedent 20 — Affidavit in support of application to amend a creditor’s petition
- Precedent 21 — Application for substitution of a supporting creditor
- Precedent 22 — Aff idavit in supp ort of application for substitution of a supporting creditor
- Precedent 23 — Consent to act as trustee
- Precedent 24 — Affidavit of final search
- Precedent 25 — Affidavit of final debt
- Precedent 26 — Short form bill of costs on an uncontested application
- Precedent 27 — Notice stating grounds of opposition
- Precedent 28 — Affidavit in support of grounds of opposition
- Precedent 29 — Sequestration order