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Point of Interest

Bankruptcy Forms

Prescribed Bankruptcy Forms

The following prescribed Bankruptcy Forms are available for download in both .doc and .rtf formats.

For more information about Bankruptcy and Family Law, click on the link to information on the Family Court of Australia website in the "Points of Interest" panel.

Form 21: Bankruptcy - Application

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.

Form 22: Bankruptcy - Application in a Case

This form is used to make an application in a bankruptcy case once the case has already been started by a bankruptcy application.

Such applications include:

  • an application for procedural orders;
  • an application for ancillary or incidental orders, for example, an injunction; 
  • an application for interlocutory orders once a case has been started;
  • an application for leave to be heard in a bankruptcy case made by a person who is not a party to the case;
  • an application by a relevant person served with a summons making application for an order to discharge the summons;    
  • an application by an examinable person served with a summons making application for an order to discharge the summons.   

OR

  • to make an application to the court in a bankruptcy case in  respect of which final relief has been granted.

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.

Form 23: Bankruptcy - Notice of Appearance

It is used by a person who wishes to oppose the orders sought in an application filed in a bankruptcy case and/or to attend the hearing of an application, and/or to take part in an examination, to inform the Court and the other parties in the case:

  • that you wish to oppose the orders sought and/or attend the hearing of an application or take part in an examination;and
  • of the address at which Court documents and notices can be served on you.

If you have a lawyer acting for you, it is your lawyer's address that needs to be provided.

Form 24 : Notice stating grounds of opposition to an Application or Application in a Case

This form is used by the respondent to an application (including an Application in a Case) who wishes to oppose orders sought in an application in a bankruptcy case.

Form 25 : Summons for Examination

The Official Receiver or a creditor or the trustee of the relevant person's estate may request the court to issue a summons to relevant person(s) or examinable person(s) requiring such person(s):

  • to attend before the court at a specified time, date and place (and at any adjourned date and time) to be examined under oath and to give evidence in relation to the examinable affairs of the bankrupt; and
  • to bring with them, and produce at the examination, books that are listed in a schedule attached to the summons. 

A draft of each summons sought must be filed.

Form 26 : Bankruptcy - Application for summons to examine relevant person or examinable person

This form is used to make an application in a bankruptcy case for relevant person(s) or examinable person(s) to be summoned for examination in relation to a relevant person's bankruptcy.   

This application may be heard in the absence of a party or in chambers.

Form 27 : Notice to creditors of annulment application

This form is used by the applicant for annulment of a bankruptcy to give notice of that application to creditors.

Form 28 : Bankruptcy - Arrest Warrant

This form is used for the arrest of a bankrupt.

If you are a party to a bankruptcy case you may request the court to issue an arrest warrant for the arrest of the bankrupt on the basis that the bankrupt has:

  • concealed or, without the permission of the trustee, removed property of the bankrupt; or 
  • without good cause, neglected or failed to comply with an order of the Court or with any other obligation under the Bankuptcy Act.

Form 29 : Bankruptcy - Apprehension Warrant

The court may issue an apprehension warrant for the apprehension of a person who fails to comply with a summons for examination where the person has been served with a summons either

  • fails to attend before the court as required by the summons; or
  • fails to appear and report himself or herself from day to day as required by the court.

The warrant authorises named person(s) to take the person who failed to comply with the summons and bring him/her up for examination and if that cannot be done immediately then to deliver him/her to gaol and later produce him/her to the Court as directed by the Court.

Last updated: 10-Jul-2014

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