Bankruptcy - Notice stating grounds of opposition to an Application or Application in a proceeding

Rule 2.06 of the Division 2 Bankruptcy Rules, which the Family Law Rules apply to family law cases where the court has jurisdiction in bankruptcy (FLR r 1.22), requires a person who intends to oppose an application to file a notice of appearance, a notice stating the grounds of opposition and an affidavit in support, and to serve them on the applicant. In the family law registries the notice of grounds is this form. The Family Law Practice Direction - Bankruptcy Act proceedings sets out the same steps and asks you to read it before filing.

When you need it

• A Bankruptcy - Application or Bankruptcy - Application in a Proceeding has been filed in a family law case and you oppose the orders sought.
• You are the bankruptcy trustee, a party to the family law case, or another person with an interest who has filed (or is filing) a notice of appearance.
• You are able to file an affidavit setting out the evidence for each ground.

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 in response to

   Tick whether you are responding to a Bankruptcy - Application or a Bankruptcy - Application in a Proceeding, and give the full name of the person who filed it and the date it was filed.

3. 3

   Filed on behalf of

   Give your full name and tick Trustee or Other (with your capacity).

4. 4

   Part A - parties and address for service

   List the parties and give an Australian address for service (not necessarily your home), naming the law firm if it is a lawyer's address, plus an email address.

5. 5

   Part B - grounds of opposition

   State precisely each ground on which you oppose the orders sought, and number each ground. Keep the evidence for your affidavit.

6. 6

   Part C - signature

   Sign and date, and tick whether the notice was signed and prepared by you or your lawyer.

• At least 3 days before the date fixed for the hearing, or at the hearing with leave, file this notice, a Bankruptcy - Notice of Appearance and an affidavit supporting the grounds (r 2.06; Practice Direction para 3.2).
• The court's form page says the supporting affidavit is an Affidavit - Family law and child support.
• Serve the notices and the affidavit on the applicant and any other party, under Part 2.6 or Part 2.7 of the Family Law Rules as appropriate (Practice Direction paras 3.2 and 3.3).

• Number every ground and keep each one to a single point. A vague ground is hard for the court to deal with.
• Put the facts and documents in the affidavit, not in this notice. The notice states the grounds; the affidavit proves them.
• Count the 3 days back from the hearing date on the court's notice and file early in case of problems.