Commonwealth Consolidated Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2005 - REG 12.01

Arrest of debtor or bankrupt (Bankruptcy Act s 78)

         (1)   An application for the issue of a warrant for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.

         (2)   The application must be accompanied by an affidavit stating the facts in support of the application.

         (3)   The warrant must be in accordance with Form 16.

         (4)   If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.

Note    See also subsection 130 (2) of the Bankruptcy Act, which provides for the issue of a warrant for the seizure of property connected with a debtor or bankrupt. A suggested form for such a warrant is shown in Schedule 3 (Notes to these Rules).



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