Interim application (Form B3)

Under rule 2.01(1)(b) of the Federal Court (Bankruptcy) Rules 2016, an application under the Bankruptcy Act 1966 made in a proceeding already commenced in the Court is made by filing an interim application in accordance with Form B3. Rule 2.01(2) also allows Form B3 after final relief has been granted, unless the Court directs otherwise. The application must state, if appropriate, each section of the Bankruptcy Act, the Bankruptcy Regulations or the Cross-Border Insolvency Act, or each rule of Court, under which it is made, and the relief sought (r 2.01(4)).

When you need it

• You need an order in an existing bankruptcy proceeding, such as substituted service of a creditor's petition (r 2.01, Note 2).
• You want a Judge to review a Registrar's exercise of power under section 35A(5) of the Federal Court of Australia Act 1976. File within 21 days after the power was exercised, unless the Court directs otherwise (r 2.02(3)).
• You are not a party but want leave to be heard in the proceeding (r 2.03(6)).
• You have been summoned for examination under section 50 or 81 of the Bankruptcy Act and want the summons discharged (rr 6.05, 6.11, 6.16).
• You are a foreign representative seeking provisional relief under article 19 of the Model Law (r 14.04).

1. 1

   Copy the heading from the existing proceeding

   Use the same proceeding number, District Registry, 'In the matter of' line and party names as the proceeding the application is made in.

2. 2

   Address it

   In the 'To' line name each party who may be affected by the application and give their address, and state the role of the party applying (for example, Applicant or Respondent).

3. 3

   List the provisions and the orders sought

   State each section, regulation or rule under which the application is made, then set out each interim order sought in numbered paragraphs (r 2.01(4)).

4. 4

   Choose the service option, date and sign

   Say whether you intend to serve all, some (named) or none of the other parties. Date it and sign as the party or the party's lawyer.

• File the interim application with any supporting affidavit the relevant rule requires, through eLodgment or at a District Registry. The Court adds a Notice of Filing and Hearing as a coversheet when it accepts the application.
• An application to discharge an examination summons must be filed with an affidavit at least 3 days before the date fixed for the examination, and served as soon as possible on the person who applied for the summons and, if that was not the Official Receiver, on the Official Receiver (rr 6.05, 6.11, 6.16).
• Provisional relief under article 19 of the Model Law: unless the Court orders otherwise, serve the application and any affidavit on each respondent at least 3 days before the hearing (r 14.04(2)).
• A filing fee may apply. Check the Court's current fee schedule.

• Do not start a new Form B2 for something that belongs in an existing proceeding.
• Missing the 21-day limit for a review of a Registrar's decision means you need a direction from the Court to proceed, so file early.
• State the orders precisely. The Court will usually make the orders in the terms sought if it is satisfied, so draft them as you want them to read.