Commonwealth Consolidated Regulations

BANKRUPTCY REGULATIONS 1996 - REG 4.08

                Where:

                (a)    the Court has made a direction or other order under subsection 50 (1) of the Act; and

               (b)    the creditor's petition against the debtor is subsequently dismissed;

the debtor may, within 21 days after the day on which the petition is dismissed, apply to the Court for an order for:

                (c)    the assessment of the amount of any damage resulting from the control of the property of the debtor by the Official Trustee or a registered trustee in accordance with the order; and

               (d)    the payment by the creditor to the debtor of an amount so assessed.