Preparing and serving a creditor's petition for a sequestration (bankruptcy) order | Practical Law
This note explains the principles, practice and procedures that apply to the preparation, presentation and service of a creditor's petition in the Federal Court of Australia to seek a sequestration (bankruptcy) order against a debtor who fails to comply with a bankruptcy notice. It considers the circumstances in which a creditor may present a petition against a debtor, the procedural and substantive requirements for preparing, filing and serving a creditor's petition and supporting affidavits and the circumstances in which alternative methods of service may be permitted by the court. Finally, it explains the consequences of tender of payment by a debtor to a petitioning creditor before the hearing of a petition.