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Form 4: Notice of Appearance

Notice of appearance: Federal Court (Bankruptcy) Rules 2005 form 4 (Federal Court website)

Guide to Notice of Appearance

Please read this guide and the form carefully. You are responsible for making sure all your paperwork is in order. Although the Court's Registry staff can check your forms and other court papers for completeness (for example, they check for signatures, and that attachments are present and signed by an authorised person within your State or Territory) and give you information about the Court's procedures, they can not give you legal advice and they are not responsible for the accuracy of your documents.

When should you use Form 4?

The form should only be used in proceedings under the Bankruptcy Act 1966.

You must file a notice of appearance if you want to appear at, and participate in, the hearing of an application or petition under the Bankruptcy Act.

How do you file an appearance?

1. Get a Form 4 and fill it out. This is the notice of appearance.

2. The original notice and a copy for each party must be delivered to the Federal Court. You can do this by bringing the documents to the Registry, or by posting or faxing them, This is called filing.

3. If the notice is in the correct form the Court's Registry staff will stamp the original and the copies.

4. A stamped copy of the notice must be served on each other party. For more information about service see Part 6 of the Federal Circuit Court Rules 2001.

How to fill in your Notice of Appearance

Please read all of these notes before you begin completing the notice of appearance.

These instructions assume that you are not represented by a lawyer.

The heading

The heading of the notice of appearance should be the same as the heading on documents served on you.

First paragraph

In the space provided, insert your name, address and occupation.

Solicitor details

As you are unrepresented you should not complete this part of the form.

Address for service

In the next space provided write the address to which the Court or the respondent can deliver or send letters or documents to you. The address must be in Australia. The address must be a street address and cannot be a Post Office Box. This is called your address for service.

Date and signature

The notice must be signed and dated by you.

Filing details

Under the horizontal line at the bottom of the notice, write:

• your name
• your address for service, telephone number and facsimile number (if any).

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