Notice of filing of application for recognition of foreign proceeding (Form B20)

Under the Cross-Border Insolvency Act 2008, which gives the UNCITRAL Model Law force in Australia, a foreign representative can apply to the Federal Court to recognise a foreign insolvency proceeding. Where the debtor is an individual, the Federal Court is the competent court (s 10(a)) and Part 14 of the Federal Court (Bankruptcy) Rules 2016 applies. The application is made in Form B2 (r 14.03). Unless the Court orders otherwise, the applicant must send a notice of the filing in accordance with Form B20 to each person known to claim to be a creditor of the debtor, 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 14.06(2)).

When you need it

• You are the foreign representative (for example a foreign trustee) who has applied for recognition of a foreign proceeding about an individual debtor.
• You need to tell known creditors and the public about the application and the hearing.
• 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

   Application details

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

3. 3

   Address for service

   Give the applicant's address for service: the name and address of the applicant's lawyer or, if there is none, the applicant's address. Creditors can get copies of the documents filed from that address.

4. 4

   Leave the printed notes

   The form tells anyone who wants to appear to file a notice of appearance and any affidavit, and serve them on the applicant, at least 3 days before the hearing, and tells foreign creditors to file an affidavit of their claim at least 3 days before the hearing.

5. 5

   Date and name

   Date the notice and insert the name of the applicant or the applicant's lawyer.

• Send the notice to each person whose claim to be a creditor is known to the applicant (r 14.06(1)(a)).
• 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 14.06(2)).
• Form B20 is sent to creditors and published rather than filed. Keep a record of who it was sent to and when, and a copy of the newspaper notice.
• When filing the recognition application, the applicant must also file an interim application seeking directions as to service (r 14.03(3)).

• Rule 14.06 applies unless the Court orders otherwise, so check the directions made on your interim application for directions as to service.
• Anyone intending to appear at the recognition hearing must file and serve a notice of appearance under rule 2.04 (r 14.03(5)).