Notice to creditors of application for review of Registrar's decision to make sequestration order (Form B12)

In the Federal Court, Registrars exercise many bankruptcy powers, including making sequestration orders. A person affected can apply under section 35A(5) of the Federal Court of Australia Act 1976 for review of a Registrar's exercise of a power, by interim application in Form B3 filed within 21 days after the power was exercised, unless the Court directs otherwise (r 2.02(3)). Where the decision under review is a Registrar's decision to make a sequestration order, rule 7.05 adds two steps: the application must be served on the trustee at least 7 days before the hearing, and the applicant must give each person known to be a creditor of the bankrupt notice in accordance with Form B12, served at least 7 days before the hearing.

When you need it

• A Federal Court Registrar has made a sequestration order against a debtor's estate and the debtor (or another applicant) has applied for review of that decision.
• You need to tell the bankrupt's known creditors about the review hearing so they can appear.
• Not for reviewing other Registrar decisions: the creditor-notice step in rule 7.05 is specific to sequestration orders.

1. 1

   Complete the heading

   Use the file number, District Registry and 'In the matter of' line for the bankrupt estate, with the Division as General, and the party names from the proceeding.

2. 2

   Give notice of the review

   Insert your name and capacity, the name of the person applying for review, the name of the Registrar, the date of the decision, and the name of the debtor against whose estate the order was made.

3. 3

   Leave the hearing details for the Registry

   The Court inserts the Notice of Filing and Hearing as a coversheet when the notice is accepted for filing, and that gives the time, date and place.

4. 4

   Keep the appearance paragraph

   It tells creditors they must file and serve a notice of appearance (Form B4) at least 3 days before the hearing to attend or take steps.

5. 5

   Date and sign

   Insert the date, the signer's name and capacity, and delete options marked * that do not apply.

• File the review application (Form B3) within 21 days after the Registrar made the order, unless the Court directs otherwise (r 2.02(3)). A filing fee may apply - check the Court's current fee schedule.
• Serve the review application on the trustee at least 7 days before the hearing (r 7.05(2)).
• File the Form B12 notice so the Notice of Filing and Hearing is attached, then serve it on each person known to you to be a creditor of the bankrupt at least 7 days before the hearing (r 7.05(3) to (5)).
• Creditors who wish to appear file a Form B4 notice of appearance (r 2.04); anyone opposing must meet the 3-day filing requirements in rule 2.06.

• The 21-day limit for seeking review runs from the day the Registrar exercised the power, so act quickly.
• The printed form describes the applicant as the debtor or the person administering a deceased debtor's estate. Adjust the wording if someone else is applying.
• Keep an affidavit of service for each creditor served.