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1997 No. 76 BANKRUPTCY REGULATIONS (AMENDMENT) - SCHEDULE 1
SCHEDULE Subregulation 35.1
FORM 1 Regulation 4.02
Bankruptcy Act 1966 BANKRUPTCY NOTICE
This Bankruptcy Notice is prescribed, under subs. 41 (2) of the
Bankruptcy Act 1966 ("the Act"), by r. 4.02 of the Bankruptcy Regulations.
[NOTE: Words appearing below in italics are for guidance in the completion of
this Notice, and are not to be reproduced in the Notice.]
To: (name) ("the debtor")
of: (address) ____
____
____
This Bankruptcy Notice is an important document. You should get legal advice
if you are unsure of what to do after you have read it.
1. (name)
("the creditor")
of: (address) ____
____
____ claims you owe the creditor a debt of $(amount), as shown in the
Schedule. 2. The creditor claims that the debt is due and payable by you. A
copy of the judgment or order relied upon by the creditor is attached. At the
time of applying for this Notice, execution of the judgment or order had not
been stayed.
3. You are required, within (insert number in accordance with the note to this
paragraph) days after service on you of this Bankruptcy Notice:
(a) to pay to the creditor the amount of the debt; or
(b) to make an arrangement to the creditor's satisfaction for settlement
of the debt.
[NOTE: The number of days to be inserted is 21 or, if an order has
been made under subparagraph 40 (1) (g) (ii) of the Act, the number of days
constituting the time fixed by the order.]
4. Payment of the debt can be made to:
(name) _________________________
of: (address) _________________________
_________________________
_________________________
[NOTE: The address must be within Australia.] 5. Bankruptcy proceedings may be
taken against you if, within the time stated in paragraph 3, above:
(a) you do not comply with the requirements of either paragraph 3 (a) or
paragraph 3 (b) above; and
(b) the Federal Court does not extend, or is not deemed to have extended,
the time for compliance with this Bankruptcy Notice (see paragraph 6,
below). 6. The Federal Court of Australia may extend the time for
compliance with this Bankruptcy Notice if, within the time stated in
paragraph 3 above, you apply to that Court on one or both of the
following grounds:
(a) that you have instituted proceedings to set aside the judgment or
order in respect of which this Bankruptcy Notice has been issued;
(b) that you have filed with the Federal Court of Australia an application
(on one or more grounds, apart from the grounds mentioned in paragraph
7, below) to set aside this Bankruptcy Notice. 7. In addition, within
the time specified in paragraph 3 above, you may file an application
to the Federal Court of Australia for an order to set aside this
Bankruptcy Notice on the specific grounds that:
(a) you have a counter-claim, set-off or cross demand equal to or
exceeding the sum specified in this Bankruptcy Notice as owing to the
creditor; and
(b) in the action or proceeding in which the judgment or order mentioned
in paragraph 2 of this Bankruptcy Notice was obtained, you could not
have set up that counter-claim, set-off or cross demand*.
* This means that, because of a legal obstacle, you could not have raised that
counter-claim, set-off or cross demand in defence of the creditor's court
action against you. It is not enough if, for example, you simply neglected or
overlooked the matter. 8. You should note the following points carefully:
(a) If you file, at the Federal Court Registry, an application mentioned
in paragraph 6 (a) or (b), you must still comply with this Bankruptcy
Notice within the time stated in paragraph 3 above unless the Court
extends the time for you to comply.
(b) If you file, at the Federal Court Registry, an application mentioned
in paragraph 7 (a), you need not comply with this Bankruptcy Notice
until the Court decides whether you have grounds for a counter- claim,
set-off or cross demand. Whether you will have to comply at that stage
will depend on the Court's decision.
WARNING 9. The information in paragraphs 6, 7 and 8 is based on provisions of
section 41 of the Act. The information is a summary only, and not a complete
statement of the relevant law. It might be unwise to rely solely on this
summary. If you need a more detailed explanation, you should seek legal
advice.
10. The Federal Court Registry for your State or Territory is located at: (set
out the address and telephone number of the relevant Registry)
Schedule
Column 1 Column 2
1. Amount of judgment or order
plus 2. Legal costs if ordered to be paid and a specific amount was
not included in the judgment or order (see Note 1, below)
plus 3. If claimed in this Bankruptcy Notice, interest accrued
since the date of judgment or order (see Note 2, below)
4. Subtotal
less 5. Payments made and/or credits allowed since date of judgment
or order
6. Total debt owing (NB: Amounts, where applicable, are to be inserted in
column 2) ÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐÐ
For the Information of the Creditor - Notes to the Schedule
Note 1: Legal costs (item 2 of the Schedule) If legal costs are being claimed
in this Bankruptcy Notice, a certificate of taxed or assessed costs in support
of the amount claimed must be attached to this Bankruptcy Notice.
Note 2: Interest accrued (item 3 of the Schedule) If interest is being claimed
in this Bankruptcy Notice, details of the calculation of the amount of
interest claimed are to be set out in a document attached to this Bankruptcy
Notice. The document must state:
(a) the provision under which the interest is being claimed; and
(b) the principal sum on which, the period for which, and the interest
rate or rates at which, the interest is being claimed. (NB: If
different rates are claimed for different periods, full details must
be shown) Note 3: Foreign currency amount conversion (see Bankruptcy
Regulations, reg. 4.04.)
Total debt owing, expressed in foreign currency (amount)
Commonwealth Bank of Australia opening telegraphic
transfer rate on __/__/__ (date) x (rate)
ÐÐÐÐÐÐÐÐ
Australian dollar equivalent = $ (amount)
ÐÐÐÐÐÐÐÐ (delete Note 3 if not applicable)
For the Information of the Creditor Note about use of information It may be
necessary to disclose some or all of the information provided by you on this
Form to Government agencies and departments for any purpose under the Act.
Also, the information may be included on a public record or given to other
persons, bodies or agencies for purposes authorised by the Act.
_______________________________________________________ The person who applied
for this notice to be issued is:
___
(name)
who confirms by the following signature that he or she is the creditor/the
creditor's authorised agent *:
(* delete as appropriate)
___
(signature)
and whose address for service is:
___
___
___
(address)
Telephone and fax numbers ___
(including STD code):
___
DX number (if applicable): ___
FOR OFFICIAL USE ONLY
Dated this (date) day of (month) (year)
This notice was issued by the Official Receiver (or delegate or an officer
authorised by the Official Receiver) for the Bankruptcy District of:
_______________________________________________________ address of Official
Receiver: _______________________________________________________
_______________________________________________________
_______________________________________________________ (signature or stamp of
Official Receiver or delegate or authorised officer)
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