Notice of dismissal or withdrawal of application for recognition of foreign proceeding (Form B22)

If an application under the Cross-Border Insolvency Act 2008 for recognition of a foreign proceeding about an individual debtor is withdrawn or dismissed, rule 14.07(3) of the Federal Court (Bankruptcy) Rules 2016 requires the applicant, as soon as practicable, to have any order of dismissal entered, serve the entered order or the notice of withdrawal on the respondent, send a notice of the dismissal or withdrawal in accordance with Form B22 to each person known to claim to be a creditor, and publish the notice once in a daily newspaper circulating generally in the State or Territory where the debtor has their principal, or last known, place of residence (r 14.06(1)(b)(ii)). The Court may direct publication in other States or Territories as well (r 14.07(4)). This closes the loop with creditors who were told about the application by a Form B20 notice.

When you need it

• The Court has dismissed an application for recognition of a foreign proceeding.
• The foreign representative has withdrawn its application for recognition.
• Part 14 of the Federal Court (Bankruptcy) Rules 2016 applies where the debtor is an individual (r 14.01). For a company or other debtor that is not an individual, the Court's Corporations Rules forms list has equivalent notices (Forms 20 to 23).

1. 1

   Heading

   Insert the Federal Court file number and year, and the name of the debtor or bankrupt estate, as they appear on the recognition application.

2. 2

   Details of the application

   Insert the name of the debtor or bankrupt estate, the applicant's name and the date the application was filed.

3. 3

   Dismissed or withdrawn

   Keep "dismissed" or "withdrawn", delete the other, and insert the date of the dismissal or withdrawal.

4. 4

   Date and name

   Date the notice and insert the name of the person giving notice or that person's lawyer.

• For a dismissal, have the order of dismissal entered (r 14.07(3)(a)).
• Serve the entered order, or the notice of withdrawal, on the respondent (r 14.07(3)(b)).
• Send Form B22 to each person whose claim to be a creditor is known to the applicant and publish it once in a daily newspaper circulating generally in the State or Territory where the debtor has their principal, or last known, place of residence (r 14.06(1)(b)(ii)). The Court may direct publication in other States or Territories as well (r 14.07(3), (4)).

• Send the notice to the same creditors who received the Form B20 notice of filing, and publish in the same newspaper region, so everyone who was told about the application learns its outcome.
• Act as soon as practicable; rule 14.07(3) does not give a fixed number of days.