Bankruptcy Notice

If you need to make a formal demand for payment from an individual then a Bankruptcy Notice may be the way forward. 

Such demands are usually made in respect of a final judgement debt and a failure to pay within 21 days may lead to "an act of bankruptcy". 

A Bankruptcy Notice must meet specific requirements including it must be: -

  • based on a final judgement/order [see: s 40 (1) (g)] for an amount of $5000 (or more). It can be one or more judgements when taken together.

  • in accordance with the form prescribed by the regulations ~ s 41 (2) of BA. Form 1 should be used ~ Regulation 4.02.

  • Etc. 

Bankruptcy Notice Disputes

Disputes About A Bankruptcy Notice:-

  • Whether it is valid;
  • The effect of defects and whether they render the bankruptcy notice a nullity or not;
  • Claiming a foreign currency amount;
  • Inclusion of untaxed costs.

Let Us Help You

  • Prepare a Bankruptcy Notice;
  • Dispute errors and defects in a Bankruptcy Notice;
  • Apply to extend the time for compliance with a Bankruptcy Notice and then seek to it aside.

* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.