| Commentary

119 Making of order

| Commentary

(c) Determination of application by adjudicator

119 Making of order

After receiving a bankruptcy application, an adjudicator must determine whether the following requirements are met:

  1. 119.1

        the adjudicator had jurisdiction under section 263I to determine the application on the date the application was made,

  2. 119.2

        the debtor is unable to pay his or her debts at the date of the determination,

  3. 119.3

        no bankruptcy petition is pending in relation to the debtor at the date of the determination, and

  4. 119.4

        no bankruptcy order has been made in respect of any of the debts which are the subject of the application at

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