Bankruptcy Rules 1928 (Amendment) (Cth)

STATUTORY RULES.

1928. No. 63.

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RULES UNDER BANKRUPTCY ACT 1924-1927.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Rules under the Bankruptcy Act 1924-1927, to come into operation on the date of the commencement of the Bankruptcy Act 1924.

Dated this sixth day of July, 1928.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

NEVILLE HOWSE

for Attorney-General.

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Amendment of the Bankruptcy Rules 1928.

Parts.

1. Rule 2 of the Bankruptcy Rules 1928 is amended by inserting after the words “Division 16—Appeals, rr. 131-135.” the following words “Division 17—Review of order or act of Registrar, rr. 135a, 135b.”.

2. After Rule 111 of the Bankruptcy Rules 1928 the following rule is inserted:—

Appointment of Taxing Officer.

“111a. The Taxing Officer shall be the Registrar or such officer as he, with the approval of the Court or the Inspector-General, appoints.”.

3. After Division 16 of Part II. of the Bankruptcy Rules 1928, the following Division is inserted:—

“Division 17.—Review of order or act of Registrar.

Review of order or act of Registrar.

“135a. (1) Whenever any person affected by any order or act of the Registrar desires that the order or act be reviewed by the Court, he may, within fourteen days after the date of the order or act, file in the office of the Registrar an application for review, signed by such person or his solicitor, which notice shall specify the order or act in question, and state shortly the particular matter complained of and the grounds upon which it is claimed that the order or act should be reviewed.

“(2) If any question arises as to what evidence was used before the Registrar, it shall be determined by his certificate.

“(3) The Court may direct notice of the application to be served upon any party interested.

Rehearing.

“135b. (1) If it appears to the Judge that any material evidence can be offered by the applicant which could not have been tendered, or which there was reasonable excuse for not tendering on the original hearing, then the Judge may, on such terms as he deems reasonable, direct a rehearing before the Registrar.

“(2) The Court may set aside, vary, confirm or do anything the Registrar could have done at the original hearing.”.

1105.—Price 3d.

4. After Rule 318 of the Bankruptcy Rules 1928 the following rule is inserted:—

Duties of Deputy Registrars.

“318a. A Deputy Registrar shall—

(a) receive petitions and perform such office duties in relation to the sequestration of estates and other matters under the Act as are required by the Court or the Registrar; and

(b)subject to the direction of the Court or the Registrar—

(i) hold public sittings for the examination of any bankrupt;

(ii) adjourn the same from time to time;

(iii) direct the further examination of any bankrupt;

(iv) appoint a time and place for the examination or further or adjourned examination; and

(v) put such questions to the bankrupt as directed by the Court or the Registrar or as he thinks expedient.”.

 

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By Authority: H. J. Green, Government Printer, Canberra.