Bankruptcy - Notice of appearance

In family law cases where the court has jurisdiction in bankruptcy under section 35 or 35A of the Bankruptcy Act, the Family Law Rules apply Part 2 of the Division 2 Bankruptcy Rules (FLR r 1.22). Rule 2.04 of those rules says a person who intends to appear at the hearing of an application, or take part in an examination, must file a notice of appearance. The court's Family Law Practice Direction - Bankruptcy Act proceedings repeats this and names this form, the Bankruptcy - Notice of Appearance, as the one to use in the family law registries. It records who is appearing, in what capacity (for example, the trustee) and their address for service.

When you need it

• You intend to attend and be heard at the hearing of a Bankruptcy - Application or Bankruptcy - Application in a Proceeding.
• You intend to oppose the orders sought in one of those applications. In that case you also file a notice of grounds of opposition and an affidavit (r 2.06).
• You intend to take part in an examination under the Bankruptcy Act in the proceeding.
• You are the bankruptcy trustee, or another person with an interest, taking part in the bankruptcy side of a family law case.

1. 1

   Court and file details

   Tick the Division, and insert the file number, the name of the bankrupt estate and the next court date if known.

2. 2

   Filed on behalf of

   Give the full name of the person appearing and tick Trustee or Other (and say what the capacity is).

3. 3

   Part A - parties and address for service

   List the applicants and respondents. Give an Australian address for service. It need not be your home address, but you must be satisfied documents will reach you there. If it is a lawyer's address, name the firm. An email address is required.

4. 4

   Part B - appearance

   Give the family name and given names of the person appearing and their occupation.

5. 5

   Part C - signature

   Sign and date the notice, and tick whether it was signed and prepared by the person or their lawyer. A lawyer adds their printed name and lawyer's code.

• File the notice in the proceeding before you take part in the hearing or examination (r 2.04).
• If you oppose an application, at least 3 days before the hearing date (or at the hearing with the court's leave) you must file this notice, a Bankruptcy - Notice stating grounds of opposition and a supporting affidavit, and serve them on the applicant and any other party (r 2.06; Practice Direction para 3.2).
• Service is carried out under Part 2.6 or Part 2.7 of the Family Law Rules, as appropriate (Practice Direction para 3.3).
• A person who is not a party may need the court's leave to be heard. The Practice Direction explains that leave is sought by a Bankruptcy - Application in a Proceeding (r 2.03).

• Use an address and email you check regularly: it is where the other parties and the court will send documents.
• Filing a notice of appearance on its own does not state any grounds of opposition. If you oppose the orders, file the grounds notice and affidavit as well, and on time.