No.38 Warrant to Apprehend Debtor About to Abscond After Bankruptcy Summons, Section 9 — Bankruptcy Act 1988

What this form is for

• • When a debtor has been served with a bankruptcy summons and is likely to flee.
• • If you need a court‑issued arrest warrant to prevent absconding.
• • When the debtor’s whereabouts are known but they plan to leave the country.
• • Instead of filing a general bankruptcy petition, which does not address flight risk.

Use this form or another form?

Deadline or filing window

There is no fixed statutory deadline, but the warrant should be applied for immediately once a credible risk of absconding is identified, ideally before the debtor’s next court date.

Before you submit

• • Debtor’s full legal name and current address entered correctly.
• • Bankruptcy summons reference number included.
• • Evidence of flight risk attached (e.g., travel tickets, passport copy).
• • Form signed by the applicant and witnessed where required.
• • Correct court registry selected.
• • Cover letter stating purpose of the warrant attached.
• • Two copies of the form prepared (original for court, copy for records).
• • Postage or delivery method confirmed.

How to file this form

1. 1Collect all required debtor and summons details.
2. 2Complete Form No.38, filling each section clearly.
3. 3Attach supporting documents that show the debtor may flee.
4. 4Sign the form and obtain any required witness signatures.
5. 5Deliver the form to the appropriate court registry in person or by post.
6. 6Obtain a receipt or acknowledgment from the court clerk.
7. 7File a copy of the receipt with your own records.

Known limitations

• • Form only applies to cases under Section 9 of the Bankruptcy Act 1988.
• • Cannot be used for civil debt recovery without bankruptcy context.
• • Requires the applicant to have a legitimate interest (creditor or trustee).
• • Court may refuse the warrant if evidence of flight risk is insufficient.