Bankruptcy Information Sheet 2:
Creditor’s petition checklist
In the matter of:

Applicant’s Lawyer: 
Respondent’s/ supporting creditor’s lawyer: 

Key Issues: 	File No:

	

ACT OF BANKRUPTCY (Bankruptcy Act s 40)	
	Fail to comply with Bankruptcy Notice  Bankruptcy Act para 40(1)(g)	
		Date issued: ____________________________________	
		Correct form Form 1 (Regs)	
		Debts $10,000 or more  Bankruptcy Act sub-s 41(1)	
		Gives an address for payment in Australia  Form 1 pg2 at para 2 (Regs)	
		Final judgment or order not more than 6 years old Bankruptcy Act sub-para 41(3)(c)(i)	
		Attaches copy of sealed or certified final judgment or order (or certificate of judgment or sealed or certified copy of final judgment or order) Section 8, Form1 pg1 at item 1 (Regs)	
		Interest calculations with reference to relevant legislative basis for interest claim Form 1 Note C (Regs)	
		Affidavit of service of Bankruptcy Notice Harmonised Bankruptcy Rules 4.04(1)(b), section 102 (Regs)	
		Mode of service: personal/ delivery/ postal/ email/ substituted service Section 102 (Regs)	
			Date posted/ emailed/ delivered complying with substituted service order ____________	
			Date served or deemed served: (postal rule)___________________________________	
			Served within 6 months of issue (or extension of BNotice by AFSA) Section 10 (Regs)	
			Date posted/ emailed/ delivered comply with substituted service order 	
			Date served or deemed served: (postal rule)___________________________________	
			Attaches copy of relevant bankruptcy notice	
	Unsatisfied execution of writ/warrant Bankruptcy Act para 40(1)(d)	
		Affidavit verifying petition attaches sealed or certified copy of the writ or warrant of execution returned unsatisfied Harmonised Bankruptcy Rules 4.03(2)	
	Other act of bankruptcy	
	Date of act of bankruptcy: Bankruptcy Act sub-s 40(1)	
		Correct in paragraph 4 of Creditor’s Petition	
		Incorrect in paragraph 4 of Creditor’s Petition and requires amendment	
	CREDITOR’S PETITION (s 43) Harmonised Bankruptcy Rules Part 4	
		Date presented:_______________________________________	
		Presented within 6 months of date of act of bankruptcy Bankruptcy Act para 44(1)(c)	
		in correct form / correct spelling of parties etc Harmonised Bankruptcy Rules 4.02, Form B6	
		Debts $10,000 or more (owing at act of bankruptcy) Bankruptcy Act para 44(1)(a)	
		Signed by creditor, solicitor or authorised officer (authority produced) Harmonised Bankruptcy Rules Form B6	
		Clear and correct time, date and place of hearing endorsed on petition cover sheet Harmonised Bankruptcy Rules Form B6	
	AFFIDAVITS VERIFYING THE PETITION  Bankruptcy Act s 47, Harmonised Bankruptcy Rules 4.02, 4.03, 4.04	
	Verification of paragraphs 1, 2, 3 (and 4) by a person who knows the relevant facts by: 	
		Using affidavit in Part 2 of Creditor’s Petition document Bankruptcy Act s 47, Harmonised Bankruptcy Rules 4.02, 4.03, 4.04, Form B6 (Part 2)	
	OR 	
		Separate affidavit verifying paragraphs 1, 2, 3 by a person who knows the relevant facts and attaches copy, not original, of Creditor’s Petition  Harmonised Bankruptcy Rules 4.02(3)(b) 4.02(4)	
	Verification of paragraph 4 	
		Paragraph 4: (If based on para 40(1)(g) non-compliance with bankruptcy notice) Harmonised Bankruptcy Rules 4.04(1)
Results of search of FCA and FCC records stating:	
			that FCA and FCC records searched and no application filed in respect of bankruptcy notice Harmonised Bankruptcy Rules 4.04(1)(a)(i)	
			copy of search Harmonised Bankruptcy Rules 4.04(2)	
		OR	
			details of any application to set aside or extend time for compliance with bankruptcy notice Harmonised Bankruptcy Rules 4.04(1)(a)(ii) and (iii)	
			copy of order finally deciding any application on bankruptcy notice Harmonised Bankruptcy Rules 4.04(3)	
	AFFIDAVIT OF SERVICE OF CREDITOR’S PETITION & AFFIDAVITS	
		Date of service:_____________________________________	
		Served at least 5 working days before the first hearing date Harmonised Bankruptcy Rules 4.05, FCA Rules 8.06, FCFCOA (Div 2) (GFL) Rules 3.04	
		Personal service (by hand) of signed and sealed Creditor’s Petition as originating process FCA Rules 8.06, 10.01, FCFCOA (Div 2) (GFL) Rules 6.06, 6.07	
		OR 	
		Compliance with any substituted service order FCA Rules 10.24, FCFCOA (Div 2) (GFL) Rules 6.14, Harmonised Bankruptcy Rules 3.01 and Bankruptcy Act sub-s 309(2)	
	Service of copy of affidavits verifying petition:	
		Paragraph 1, 2 or 3 or Part 2 of CP (Form 6) Harmonised Bankruptcy Rules 4.05(b)	
		Paragraph 4 Harmonised Bankruptcy Rules 4.05(c)	
		Service of copy of affidavit of service of bankruptcy notice Harmonised Bankruptcy Rules 4.05(d)	
		Service of any Consent to act as Trustee by: _________________________________________
Harmonised Bankruptcy Rules 4.05(d)	
		If affidavit of service filed by fax, original retained by creditor unless directed to be filed 	
	AFFIDAVIT OF FINAL SEARCH Harmonised Bankruptcy Rules 4.06	
		Search performed no earlier than day before the hearing Harmonised Bankruptcy Rules 4.06(3)	
		Attaches copy of National Personal Insolvency Index extract(s) Harmonised Bankruptcy Rules 4.06(3)(c)	
		States no details of debt agreement on date that Creditor’s Petition presented and sets out details of any references in the Index to the debtor Harmonised Bankruptcy Rules 4.06(3)(b)	
		If affidavit of final search filed by fax, original retained by creditor unless directed to be filed	
	SEARCH AFFIDAVIT (if applicable)
		
		If original judgment requires payment of debt into court, search of court and states no amount or part amount paid into court as ordered Harmonised Bankruptcy Rules 4.06(5)	
	AFFIDAVIT OF FINAL DEBT Harmonised Bankruptcy Rules 4.06	
		Debts $10,000 or more (for petitions presented on or after 1 January 2021) Bankruptcy Act s 44(1)	
		Sworn as soon as practicable before hearing date by person who knows relevant facts Harmonised Bankruptcy Rules 4.06(4)(a)	
		States debts relied on still owing (and amount of debt) Harmonised Bankruptcy Rules 4.06(4)(b)	
		If affidavit of final debt filed by fax, original retained by creditor unless directed to be filed	
	PERSON INTENDING TO OPPOSE APPLICATION OR PETITION	
		Notice of Appearance Harmonised Bankruptcy Rules 2.04, 2.06(a), Form B4	
		Notice of grounds of opposition Harmonised Bankruptcy Rules 2.06(b), Form B5	
		Affidavit in support of the grounds of opposition Harmonised Bankruptcy Rules 2.06(c)	
		Notices and affidavit served at least 3 days before hearing or with the leave of the Court Harmonised Bankruptcy Rules 2.06	
	COSTS Costs reserved on any other application (e.g. substituted service application)	
	ADJOURNMENT NOTIFICATION 	
	ORDER MADE WITHIN 12 MONTHS OF PRESENTATION (or within time as extended)  Sequestration order Bankruptcy Act sub-ss 52(4), 52(5), Harmonised Bankruptcy Rules 4.07, Form B7