Affidavit of Search

Before a creditor's petition is heard in the Federal Circuit and Family Court of Australia (Division 2), rule 4.06(3) of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 requires the applicant creditor to file an affidavit of a person who searched, or had someone search, the National Personal Insolvency Index no earlier than the day before the hearing date. The affidavit must set out any references to the debtor, state that there were no details of a debt agreement about the petitioning debt on the day the petition was presented or the day of the search, and attach the extract. Where the debt is a judgment ordered to be paid into court, rule 4.06(5) also requires evidence from a search of that court's office, made no earlier than the day before the hearing, about whether it has been paid. This form covers both.

When you need it

• You are the applicant creditor, or act for one, on a creditor's petition and the hearing is about to happen.
• The petitioning debt is a judgment that ordered the amount to be paid into the court that gave it: complete paragraph 4 as well.
• Not for family law bankruptcy proceedings in Division 1.

1. 1

   Heading and deponent

   Insert the registry, proceeding number, the debtor's name and the parties as on the petition. Enter the date and your name, address and occupation, and delete swear or affirm as applicable.

2. 2

   Paragraph 1 - the search

   Give the date you searched, or had someone search, the National Personal Insolvency Index, and attach the extract marked A. The search must be no earlier than the day before the hearing date (r 4.06(3)).

3. 3

   Paragraph 2 - references to the debtor

   Delete the option that does not apply: either there were no references to the debtor, or the references are set out in the attached extract.

4. 4

   Paragraph 3 - debt agreements

   State that there were no details of a debt agreement about the petitioning debt on the day the petition was presented and on the day of the search.

5. 5

   Paragraph 4 - judgment debts paid into court

   Only if the debt is a judgment ordering payment into court: give the date, the person you spoke to at that court, the court name and action number, and what you were told about payment.

6. 6

   Signature block and jurat

   Move the filed by block to the foot of the first page, then swear or affirm before an authorised witness such as a Justice of the Peace.

• File it before the hearing of the creditor's petition, with the extract attached (r 4.06(3)).
• The court asks for bankruptcy documents to be filed using eLodgment wherever possible.
• Affidavits in bankruptcy matters must meet the formal requirements in rules 17.09 to 17.16 of the Division 2 General Federal Law Rules 2025, as the court's bankruptcy page notes.

• Timing matters: a search done two or more days before the hearing does not meet r 4.06(3). Plan to search the day before or on the day.
• If the debtor has entered a debt agreement covering the debt, paragraph 3 cannot be sworn as written. Get advice before the hearing.
• File the Affidavit of Debt and the affidavit of service of the petition too; r 4.06 requires all of them.