Application (Form B2)

Rule 2.01 of the Federal Court (Bankruptcy) Rules 2016 says that, unless the Rules provide otherwise, an application under the Bankruptcy Act 1966 that is not made in a proceeding already started in the Court is made by filing an application in accordance with Form B2. Rule 2.01(3) requires it to state each section of the Bankruptcy Act, the Bankruptcy Regulations or the Cross-Border Insolvency Act 2008 under which the proceeding is brought, and the relief sought. Form B2 is also the form for a section 50 examination summons (r 6.01) and for a foreign representative's application for recognition under article 15 of the Model Law on Cross-Border Insolvency (r 14.03). If an application is made in a proceeding that has already started, use the interim application in Form B3 instead.

When you need it

• You are starting a new bankruptcy proceeding that is not a creditor's petition, such as an application for substituted service of a bankruptcy notice or for annulment of a bankruptcy under section 153B (r 2.01, Note 1), or an application to set aside a bankruptcy notice (r 3.02).
• You want a warrant for the arrest of a debtor or bankrupt under section 78 of the Bankruptcy Act (r 2.01, Note 1).
• You want a debtor, or an examinable person in relation to a debtor, summoned for examination under section 50 (r 6.01). More than one application can go in the same Form B2.
• You are a foreign representative applying for recognition of a foreign proceeding under article 15 of the Model Law (r 14.03).
• Not for a creditor's petition (Form B6) or an application under section 81 for an examination summons (Form B10).

1. 1

   Complete the heading

   Fill in the District Registry and the name of the debtor or bankrupt estate in the 'In the matter of' line, then the applicant and any respondent. Delete the respondent section if there is none. The proceeding number is allocated when the Registry accepts the application.

2. 2

   State the legal basis

   List each section of the Bankruptcy Act 1966, each regulation of the Bankruptcy Regulations 2021 or each section of the Cross-Border Insolvency Act 2008 under which the proceeding is brought (r 2.01(3)(a)).

3. 3

   Set out the relief

   Specify in numbered paragraphs all final relief you seek. If you also want interim relief, keep the 'Claim for interim relief' section and set it out the same way; otherwise delete that section.

4. 4

   Give your addresses

   Give the applicant's address for service (a place and an email address) and the applicant's residential or business address, or principal place of business for a company.

5. 5

   Say who will be served, then sign

   Choose one of the three service options (all respondents, named respondents, or none). Date the form and sign as the applicant or the applicant's lawyer.

• File the application with the supporting affidavit the relevant rule requires. For example, an application to set aside a bankruptcy notice needs an affidavit stating the grounds and the date the notice was served, with a copy of the notice attached (r 3.02).
• File through the Court's eLodgment system or at a District Registry. When the application is accepted, the Court attaches a Notice of Filing and Hearing as a coversheet showing the hearing date and place.
• Serve the application and affidavit as the relevant rule requires. An application to set aside a bankruptcy notice must be served on the respondent creditor within 3 days after it is filed (r 3.02(5)).
• A respondent who wants to appear must file a notice of appearance (Form B4), and anyone opposing must also file grounds of opposition (Form B5) and an affidavit and serve them at least 3 days before the hearing (rr 2.04, 2.06).
• A filing fee may apply. Check the Court's current fee schedule.

• Check the specific Part of the Bankruptcy Rules for your kind of application. Several Parts add affidavit and service requirements on top of Form B2.
• If the debtor or bankrupt already has a proceeding in the Court, an application in that proceeding usually goes in Form B3, not a new Form B2.
• The other Federal Court Rules 2011 also apply to bankruptcy proceedings to the extent they are relevant and not inconsistent (r 1.04(2)).