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.
Features
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.
Related Titles
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
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
APPENDIX
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
LLB(Hons) (SCU), B.Bus (HRM) (SCU), GDLP (ANU)
Barrister, Sydney
Member of the New South Wales Bar Association
Member of the Commercial Law Association of Australia
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