Notice stating grounds of opposition to application, interim application or petition (Form B5)

Rule 2.06 of the Federal Court (Bankruptcy) Rules 2016 sets out what a person must do to oppose an application, interim application or petition (such as a creditor's petition) in a bankruptcy proceeding in the Federal Court. At least 3 days before the hearing, or at the hearing with the Court's leave, the person must file a notice of appearance (Form B4), file a notice in accordance with Form B5 stating the grounds of opposition, file an affidavit in support of those grounds, and serve the notices and affidavit on the applicant. Form B5 is where the person sets out, in writing, why the application or petition should not be granted.

When you need it

• You are a debtor who intends to oppose a creditor's petition seeking a sequestration order against you.
• You are a creditor, trustee or other person who intends to oppose an application or interim application in a bankruptcy proceeding.
• You can meet the 3-day deadline, or will ask the Court for leave at the hearing.

1. 1

   Copy the heading

   Use the file number, District Registry, the "In the matter of" line naming the debtor or bankrupt estate, and the applicant and respondent names, as they appear on the application or petition. The Division is printed as General.

2. 2

   Opponent and capacity

   Insert your name and your capacity, for example debtor, creditor or trustee, and choose application, interim application or petition.

3. 3

   Grounds of opposition

   Set out each ground in numbered paragraphs. Keep each ground specific so the affidavit can prove it.

4. 4

   Affidavit and appearance

   The form records that a supporting affidavit and a notice of appearance are filed with it. Prepare both: rule 2.06 requires them.

5. 5

   Address for service, date and sign

   Give your address for service (place and email), then sign as the opponent or the opponent's lawyer and delete what does not apply.

• File Form B5, the notice of appearance (Form B4) and the supporting affidavit at least 3 days before the date fixed for the hearing, or at the hearing with leave (r 2.06).
• Serve the notices and the affidavit on the applicant (r 2.06(d)).
• File in the existing proceeding, usually through eLodgment using the file number.

• Do not file the grounds without evidence. The rule requires an affidavit supporting the grounds of opposition.
• Count the 3 days back from the hearing date on the application or petition and allow time for service.
• The Federal Court Rules 2011 also apply to bankruptcy proceedings where they are relevant and not inconsistent with the Bankruptcy Rules (r 1.04(2)).