Bankruptcy - Application
This is a mandatory form.*
This form is used by an applicant who is seeking final orders in a bankruptcy case. Such applications include:
- an application for the issue of a warrant for the arrest of a debtor or bankrupt (section 78 of the Bankruptcy Act 1966);
- an application against an estimate by the trustee of the value of a debt or liability provable in a bankruptcy (subsection 82(5) of the Bankruptcy Act 1966);
- an application for annulment of a bankruptcy (subsection 153B of the Bankruptcy Act 1966);
- an application objecting to the appointment of a person as trustee (subsection 157(6) of the Bankruptcy Act 1966);
- an application for acceptance of a trustee's resignation from the office of trustee of an estate (section 180 of the Bankruptcy Act 1966);
- an application for release of a trustee from the trusteeship of an estate (section 183 of the Bankruptcy Act 1966);
- an appeal from a decision of a taxing officer, appointed under subsection 167(8) of the Bankruptcy Act 1966 allowing or disallowing a bill of costs or charges, or an item in such a bill.
You must state what orders you seek and each section of the Bankruptcy Act 1966, or each regulation of the Bankruptcy Regluations 1966 under which the case is brought.
Making copies of the form for filing, service and yourself
The completed and signed original of the form is filed at the Court. Before you file it you must also make sufficient copies to have one for each person to be served and a copy for your own records
Who you serve
Each other party to the case.
How you serve and what you serve with this form
You may need to serve other documents with this form and the Service Kit provides instructions on how to do this.
What is filed in response
A Bankruptcy - Notice stating grounds of opposition to an Application or Application in a Case
A supporting Affidavit
A Notice of Appearance
In completing a Court form, you must *
Complete the form by typing (eg. on a computer or typewriter) or hand printed in ink.