Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 26.26

Applications in relation to the appointment of a trustee

             (1)  This rule applies to an application under section 90-20 of Schedule 2 to the Bankruptcy Act for either of the following orders:

                     (a)  an order that a person cease to be the trustee of an estate;

                     (b)  an order that another person be appointed as the trustee of an estate.

             (2)  The application must be accompanied by an affidavit stating the grounds in support of the application.

             (3)  At least 28 days before the date fixed for the hearing of the application, the applicant must serve the application and supporting affidavit on the trustee and any petitioning creditor.

             (4)  At least 14 days before the date fixed for the hearing of the application, the applicant must serve the application and supporting affidavit on each person known to the applicant to be a creditor of the estate.

             (5)  If the court makes the order sought, the applicant must, as soon as practicable, serve a copy of the order on the Official Receiver.



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