Commonwealth Numbered Regulations

1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 11

11. Rule 78 of the Bankruptcy Rules is repealed and the following rule
substituted: Debtor's statement of affairs

"78. (1) A statement under subparagraph 188 (2) (c) (i) of the Act shall be in
a form to be provided by the Registrar, and verified by an affidavit in
accordance with Form 10.

"(2) The form mentioned in subrule (1) shall require the debtor to state:

   (a)  in relation to unsecured debts owed by the debtor:

        (i)    the name and address of each creditor and the amount (if any)
               owed by the creditor to the debtor;

        (ii)   the amount of each debt;

        (iii)  the year when the debt was contracted; and

        (iv)   the nature of the debt;

   (b)  in relation to secured debts owed by the debtor:

        (i)    the name and address of each creditor and the amount (if any)
               owed by the creditor to the debtor;

        (ii)   the amount of each debt and particulars of the security
               relating to it;

        (iii)  the date when the security was given;

        (iv)   the estimated present value of the security; and

        (v)    the estimated deficiency or surplus if the security were to be
               realised;

   (c)  in relation to current hire purchase agreements:

        (i)    the name and address of the finance company;

        (ii)   the date of the agreement;

        (iii)  particulars of the goods to which the agreement relates;

        (iv)   any arrears of payment under the agreement;

        (v)    the amount required to complete the agreement; and

        (vi)   the present value of the goods and the estimated deficiency or
               surplus if the goods were to be realised;

   (d)  in relation to the debtor's assets:

        (i)    cash on deposit with banks, building societies, credit or
               friendly societies and other financial organisations, including
               the name and address of each organisation;

        (ii)   cash in hand;

        (iii)  stock-in-trade, including its value and location;

        (iv)   value and location of trade fittings, fixtures, utensils,
               farming stock, growing crops, household furniture and effects,
               motor vehicles, leasehold property and other non-freehold
               property and, in relation to any mortgage charge or lien
               secured over the property, the amount of the security and the
               name and address of the owner of the security;

        (v)    freehold property, including its value and location and, in
               relation to any mortgage or charge secured over the property,
               the amount of the security and the name and address of the
               owner of the security;

        (vi)   any interest (vested or contingent) under a will, trust or deed
               of settlement;

        (vii)  any securities held by way of mortgage, bill of sale or the
               like, including details of the value of the security and the
               property secured; and

        (viii) any other property or assets;

   (e)  particulars of contingent assets, contingent liabilities and any other
        liabilities, not otherwise stated;

   (f)  statements:

        (i)    that the debtor is not an undischarged bankrupt or insolvent
               under a Commonwealth Act or a State Act;

        (ii)   of any previous bankruptcy or that the debtor has never
               previously become a bankrupt;

        (iii)  of any previous composition with creditors or assignment or
               arrangement for the benefit of creditors, or that the debtor
               has never made any such composition, assignment or arrangement;
               and

        (iv)   that the debtor has not, during the past 5 years, carried on
               business on his or her own account, or in partnership, or a
               statement of any business or partnership carried on during that
               period with details of books of account kept in connexion with
               the business;

   (g)  a summary of information required by the form to be provided; and

   (h)  any other matters that the Registrar considers should be stated.".