Referral of debtor's petition (Form B8)

A debtor's petition is normally presented to the Official Receiver, who accepts or rejects it. In some cases the Bankruptcy Act 1966 requires the Official Receiver to refer it to the Court instead: where a creditor's petition is pending against a group of debtors that includes the petitioning debtor (s 55(3B)), where a debtor's petition against a partnership is presented by only some partners or a creditor's petition is pending against a partner (s 56C(1)), and in certain joint debtor cases (s 57(3B)). Rule 5.01 of the Federal Court (Bankruptcy) Rules 2016 requires the referral to be in accordance with Form B8. The Court then directs the Official Receiver to accept or reject the petition.

When you need it

• You are the Official Receiver and one of the referral situations in sections 55(3B), 56C(1) or 57(3B) applies.
• You are a debtor or creditor served with a referral and want to understand what the hearing is about.
• Not for presenting a debtor's petition, which goes to the Official Receiver, or a creditor's petition (Form B6).

1. 1

   Heading

   Fill in the District Registry. The Division is General, and the matter is titled "In the matter of" the debtor or bankrupt estate.

2. 2

   Select one referral ground

   Keep only the option that applies and delete the others without editing them: a pending creditor's petition against a group including the debtor, a partnership petition by some partners, a partnership petition with a creditor's petition against a partner, both of those, or a joint debtors' petition with a creditor's petition against some of them. Insert names and petition numbers.

3. 3

   State the subsection

   Keep the subsection under which the referral is made: 55(3B), 56C(1) or 57(3B).

4. 4

   File the petition with it

   A copy of the debtor's petition and any relevant statements of affairs are filed with the referral.

5. 5

   Date and signature

   The Official Receiver dates and signs the referral. The Court attaches a Notice of Filing and Hearing when it accepts the referral for filing.

• On receiving the referral, a Registrar fixes a time, date and place for the hearing (r 5.01(2)).
• At least 3 days before the hearing, the Official Receiver must serve a sealed copy of the referral and notice of the hearing on each petitioning debtor, on each debtor and creditor in the relevant creditor's petition, and, if section 56C(4) applies, the person administering the relevant proclaimed law (r 5.01(3)).
• Anyone who wants to attend Court or take another step in the referral must first file and serve a notice of appearance (Form B4), as the form states.

• For a partnership petition, the Court may direct the Official Receiver to accept it as referred, accept it after amendment, or reject it (s 56C(3)).
• If the Court directs acceptance of a petition referred under section 55(3B) or 57(3B), it must specify when the resulting bankruptcy commences (ss 55(3C), 57(3C)).