Notice of making of order under Cross-Border Insolvency Act 2008 (Form B21)

If the Federal Court recognises a foreign proceeding under article 17 of the Model Law, or makes an order for relief under article 19 or 21, rule 14.07(1) of the Federal Court (Bankruptcy) Rules 2016 requires the applicant, as soon as practicable, to have the order entered, serve a copy of the entered order on the respondent debtor, send a notice of the making of the order in accordance with Form B21 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(2)). The notice tells creditors what was ordered and who the foreign representative is.

When you need it

• The Court has made an order recognising a foreign proceeding about an individual debtor (article 17).
• The Court has granted provisional relief (article 19) or relief after recognition (article 21).
• 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

   The order

   Insert the date of the order, the name of the Court, the proceeding number and year, the applicant's name, the name of the debtor or bankrupt estate, and the details of the orders made.

3. 3

   Addresses

   Give the applicant's address for service and the name and address of the foreign representative.

4. 4

   Distribution of assets (if applicable)

   If the Court entrusted distribution of assets to a person, give that person's name and address; otherwise delete the paragraph.

5. 5

   Date and name

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

• Have the order entered and serve a copy of the entered order on the respondent (r 14.07(1)(a), (b)).
• Send Form B21 to each person whose claim to be a creditor is known to the applicant (r 14.07(1)(c)).
• 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(2)).
• Do all of this as soon as practicable after the order is made (r 14.07(1)).

• Copy the operative orders accurately from the entered order rather than summarising them.
• Where a person other than the foreign representative is entrusted with assets, that person generally must be a registered trustee who has filed a consent to act in Form B19 (r 14.05).