Bankruptcy Rules 1928 (Cth)

STATUTORY RULES.

1928. No. 8.

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RULES UNDER THE 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 to be fixed for the commencement of that Act.

Dated this 17th day of January, 1928.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

J. G. LATHAM,

Attorney-General.

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BANKRUPTCY RULES 1928.

Part I.—Preliminary.

Short title.

1. These Rules may be cited as the Bankruptcy Rules 1928.

Cf. No. 37 1924 ss. 6 and 19.

2. These Rules are divided into Parts, as follows:—

Parts

Part I.—Preliminary; rr. 1-5.

Part II.—Court Procedure.

Division 1.—Court and Chambers, rr. 6-10.

Division 2.—Proceedings, rr, 11-24.

Division 3.—Motions and Practice, rr. 25-36.

Division 4.—Preparation of Orders, rr. 37-39.

Division 5.—Security in Court, rr. 40-50.

Division 6.—Affidavits, rr. 51-62.

Division 7.—Fees, r. 63.

Division 8.—Witnesses and Depositions, rr. 64-74.

Division 9.—Discovery and Examination under section 80, rr. 75-76.

Division 10.—Taking Accounts of Property Mortgaged, and of the Sale thereof, rr. 77-89.

Division 11.—Appropriation of Pay, Salary, Pensions and other income, rr. 90-91.

Division 12.—Warrants, Arrests and Commitments, rr. 92-99.

Division 13.—Service and Execution of Process, rr. 100-104.

Division 14.—Trial by Jury, rr. 105-109.

Division 15.—Costs, rr. 110-130.

Division 16.—Appeals, rr. 131-135.

C.17431.

 

Part III.—Proceedings from Act of Bankruptcy to Discharge.

Division 1.—Declaration of Inability to pay Debts, r. 136.

Division 2.—Bankruptcy Notice, rr. 137-143.

Division 3.—Bankruptcy Petition, rr. 144-147.

Division 4.—Creditor’s Petition, rr. 148-157.

Division 5.—Hearing of Petition, rr. 158-169.

Division 6.—Interim Receiver, rr. 170-175.

Division 7.—Sequestration Order, rr. 176-183.

Division 8.—Public Examination of Bankrupt, rr. 184-190.

Division 9.—Service of Proceedings, r. 191.

Division 10.—Composition or Scheme, rr. 192-211.

Division 11.—Statement of Affairs, rr. 212-213.

Division 12.—Proof of Debts, rr. 214-226.

Division 13.—Disclaimer of Lease, r. 227.

Division 14.—Dividends, rr. 228-231.

Division 15.—Discharge, rr. 232-250.

Division 16.—Proxies and Voting Letters, rr. 251-254.

Division 17.—Meetings of Creditors, rr. 255-264.

Division 18.—Proceedings by Company or Co-partnership, r. 265.

Division 19.—Proceedings by or against Firm, rr. 266-276.

Division 20.—Joint and Separate Estates, rr. 277-282.

Division 21.—Lunatics, r, 283.

Part IV.—Special Proceedings.

Division 1.—Small Bankruptcies, rr. 284-285.

Division 2.—Estates of Persons dying Insolvent, rr. 286-292.

Part V.—Compositions and Assignments without Sequestration (Part XI. of Act), rr. 293-299.

Part VI.—Deeds of Arrangement (Part XII. of Act), rr. 300-314.

Part VII.—Functions of Officers.

Division 1.—Books to be kept and returns to be made by Registrar, rr. 315-318.

Division 2.—Official Receivers, rr. 319-339.

Part VIII.—Trustees and Special Managers, rr. 340-375.

Part IX.—Accounts and Audit, rr. 376-387.

Part X.—Miscellaneous, rr. 388-400.

Definitions.

3.—(1.) In these Rules, unless the contrary intention appears—

“Affidavit” includes statutory declaration and affirmation;

“Commissioner for Affidavits” means a person authorized under the law of the Commonwealth or of a State to take affidavits;

“Commissioner for Declarations” means a person appointed under the Statutory Declarations Act 1911-1922 or under a State Act to be a Commissioner for Declarations;

“Court of Appeal” means any Court exercising appellate jurisdiction under the Act or these Rules;

“Creditor” includes a corporation, and a firm of creditors in partnership;

“Debtor” includes a firm of debtors in partnership, and includes any debtor proceeded against under the Act, whether he becomes a bankrupt or not;

“District” means a District proclaimed by the Governor-General in pursuance of the Act;

“Inspector-General” means the Inspector-General in Bankruptcy;

“Judge” means the Judge by whom jurisdiction in bankruptcy is exercised;

“Limited partnership” means a firm registered under any law of the Commonwealth or a State or a Territory relating to limited partnerships;

“Name” in relation to a person means both the Christian name, or the initial letter or contraction of the Christian name, and the surname of that person;

“Scheme” means a scheme of arrangement pursuant to the Act;

“Sealed” means sealed with the seal of the Court;

“Taxing Officer” means the officer of the Court whose duty it is to tax costs in bankruptcy proceedings;

“The Act” means the Bankruptcy Act 1924-1927.

“The Court” means any Court having jurisdiction in bankruptcy under the Act or a Judge thereof.

and any reference to a form shall be read as a reference to a form in the Schedules to these Rules.

References to “writing”.

(2.) In these Rules expressions referring to writing shall, unless the contrary intention appears, be construed as including references to any mode of representing or reproducing words in a visible form.

Computation of time.

4. When the time for doing any act or taking any proceedings expires on a Sunday or Court holiday, and by reason thereof the act or proceeding cannot be done or taken on that day, the act or proceeding shall, so far as regards the time of doing or taking it, be held to be duly done or taken if done or taken on the next day which is not a Sunday or Court holiday.

Use of Forms in Schedules.

5. The forms in the Schedules to these Rules, where applicable, and where they are not applicable forms of the like character, with such variations as circumstances require, shall be used.

Part II.—Court Procedure.

Division 1.—Court and Chambers.

Application of High Court Rules.

6. (1) Where any practice or procedure of the Court is not regulated by these Rules, the practice or procedure shall be regulated as nearly as may be by the Rules of the High Court for the time being in force.

Court may sit at any time.

(2) Sittings of the Court shall, if there is any business to be transacted, be held on any day the Judge thinks fit to sit in Court.

Submission of doubtful questions to Judge.

7. The Registrar may in his discretion submit to the Judge any matter before him upon which he is doubtful or which the parties, or either of them, desire should be submitted to the Court for its opinion direction and order.

Adjournment from Registrar to Court.

8. Any matter or application pending before the Registrar shall be adjourned to be heard before the Court, if the Court either specially or by any general direction applicable to the particular case, so directs.

Adjournment from chambers to court and vice versa.

9. Subject to the provisions of these Rules, any matter or application may, at any time, if the Court thinks fit, be adjourned from Chambers to Court or from Court to Chambers; and, if all the contending parties require any matter or application to be adjourned from Chambers into Court, it shall be so adjourned.

Witnesses may be ordered to leave Court.

10. Upon the application of any party to a proceeding heard in Court, or, during an examination under section 80 of the Act, on the application of the Official Receiver, the Judge or Registrar presiding may order that all or any witnesses or persons summoned for examination in the matter leave the Court or Chambers, as the case may be, until called on to give evidence.

Division 2.—Proceedings.

Proceedings, how intituled.

11.—(1.) Every proceeding before the Court shall be dated, and shall be intituled “In the Court of Bankruptcy”, with the name of the District in which it is taken, and of the matter to which it relates. Numbers and dates may be denoted by figures.

(2.) All applications and orders shall be intituled ex parte the applicant.

(3.) The first proceeding in every matter shall have a distinctive number assigned to it by the Registrar, and all subsequent proceedings in the same matter shall bear the same number.

Written proceedings.

(4.) All proceedings in Court shall be written on paper of the size of thirteen inches and one-half inch in length and eight inches and one-half inch in breadth, or thereabouts; but no objection shall be allowed to any proof, affidavit or proxy on account of its being written on paper of other size.

Records of the Court.

12. All proceedings of the Court shall remain on record in the Court so as to form a complete record of each matter, and they shall not be removed for any purpose, except for the use of the officers of the Court, or by special direction of the Court, Judge, or Registrar, but they may, subject to the Act, at all reasonable times, be inspected by the trustee, the debtor, and any creditor who has proved, or any person on behalf of the trustee, debtor, or any such creditor.

Notices to be in writing.

13. All notices required by the Act or these Rules shall be in writing, unless these Rules otherwise provide, or the Court in any particular case otherwise orders.

Process to be sealed.

14. All summonses, petitions, notices, orders, warrants, and other process issued by the Court shall be sealed.

Meetings summoned by Court.

No. 37 1924. First Schedule r. 5.

15.—(1.) Where the Court directs a general meeting of creditors to be summoned under Rule 5 in the First Schedule to the Act, it shall be summoned as the Court directs, and in default of any direction by the Court the Registrar shall transmit a sealed copy of the first-mentioned direction to the trustee or the Official Receiver, as the case may be.

(2.) The trustee or Official Receiver shall, not less than seven days before the meeting, send a copy of the direction to each creditor at the address given in his proof, or in case he has not proved, the address given in the list of creditors by the debtor, or such other address as is known to the trustee or Official Receiver.

Office copies.

16. All office copies of petitions, proceedings, affidavits, books, papers, and writings, or any parts thereof required by any trustee, or by any debtor, or by any creditor, or by the solicitor of any such trustee, debtor, or creditor, shall be provided by the Registrar; and shall, except as to figures, be fairly written at length, and be sealed and delivered out without any unnecessary delay.

Filing Gazetting, &c.

17.—(1.) The Registrar shall file a copy of each issue of the Commonwealth Gazette, and, whenever the Commonwealth Gazette contains any advertisement relating to any matter under the Act in the Court, he shall at the same time file with the proceedings in the matter a memorandum in accordance with Form 187, referring to and giving the date of the advertisement.

(2.) In the case of an advertisement in a local paper, the Registrar shall in like manner file a copy of the advertisement extracted from the paper and a memorandum in accordance with Form 187 referring to and giving the date of the advertisement.

(3.) For this purpose one copy of each local paper, in which any advertisement relating to any matter under the Act in the Court is inserted, shall be left with the Registrar by the person inserting the advertisement.

(4.) The memorandum by the Registrar shall be prima facie evidence that the advertisement to which it refers was duly inserted in the issue of the Commonwealth Gazette or paper mentioned in it, and the copy of the advertisement referred to in sub-rule (2.) of this rule, certified by the Registrar to have been extracted from the local paper published on the date specified in the certificate, shall be prima facie evidence that the advertisement was published in the paper on the date so certified.

Transfer of proceedings by Court No 37 1924 s. 20 (2)

18. The Court may at any time, for good cause shown, order the proceedings in any matter under the Act, which have been commenced or are pending in the Court, to be transferred to any other Court.

Transmission of order of transfer.

19. When an order of transfer has been made by any Court, the Registrar shall send by post a sealed copy of the order of transfer to the Court affected by the order.

Transfer of Official Receiver’s duties.

20. Where the proceedings in any matter are transferred by any Court, the Official Receiver of the Court to which such proceedings are transferred shall become the Official Receiver of the debtor’s estate in place of the Official Receiver of the Court from which the proceedings are transferred.

Transmission of records.

21. Where the proceedings in any matter are transferred from a Court to any other Court, the Registrar of the first-mentioned Court shall send by post the records of proceedings transferred to the Registrar of the Court to which the transfer is made.

Notice of transfer to Inspector-General and Official Receiver.

22. The Registrar of the Court to which proceedings are transferred shall give notice of the transfer to the Official Receiver of the same Court, and to the Inspector-General, as soon as he receives the records of proceedings from the Registrar of the Court from which the transfer is made.

Proceedings commenced in wrong Court.

23. When any bankruptcy proceeding has been commenced in a Court in which it should not have been commenced, the Judge of the Court may order that the proceeding shall be transferred to the Court in which the proceeding should have been commenced, or that it be

continued in the Court in which it was commenced; but, unless and until a transfer is made under these Rules, the proceeding shall continue in the Court in which it was commenced.

Transferred matter to receive new number.

24. When a matter is transferred from one Court to another, it shall receive a new distinctive number.

Division 3[TWN T21] .—Motions and Practice.

Applications to be by motion.

25. Every application to the Court (unless otherwise provided by these Rules, or the Court in any particular case otherwise directs) shall be made by motion supported by affidavit.

Notice of motion to be filed.

26.—(1.) A party intending to move shall file with the Registrar a copy of his notice of motion.

(2.) There shall be endorsed on the copy the name of the applicant’s solicitor (if any), and also (if known) the name of the respondent’s solicitor.

Notice of motion, and ex parte applications.

27. Where any party, other than the applicant, is affected by the motion, no order shall be made, unless upon the consent of the party duly shown to the Court, or upon proof that notice of the intended motion and a copy of the affidavits in support thereof have been duly served upon the party:

Provided that the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail serious mischief, may make any order ex parte upon such terms as to costs and otherwise, and subject to such undertaking, if any, as the Court thinks just; and any party affected by the order may move to set it aside.

Length of notice.

28.—(1.) Unless the Court gives leave to the contrary, notice of motion shall be served on any party to be affected thereby not less than eight days before the day named in the notice for hearing the motion.

(2) An application for leave to serve short notice of motion shall be made ex parte.

Affidavits against motion.

29. Where a respondent intends to use affidavits in opposition to a motion he shall deliver copies of the affidavits to the applicant, and make any exhibits to the affidavit available for inspection by the applicant, not less than four days before the day appointed for the hearing.

Notice not served on all proper parties.

30. If on the hearing of any motion or application the Court is of opinion that any person to whom notice has not been given ought to have, or to have had, the notice, the Court may either dismiss the motion or application, or adjourn the hearing thereof, in order that the notice may be given, upon such terms as the Court thinks fit.

Adjournment.

31. The hearing of any motion or application may from time to time be adjourned, upon such terms (if any) as the Court thinks fit.

Personal service.

32. In cases in which personal service of any notice of motion, or of any order of the Court, is required, it shall be effected, in the case of a notice of motion, by delivering to each party to be served a copy of the notice of motion; and, in the case of an order, by delivering to each party to be served a sealed copy of the order.

Filing affidavits on motion.

33. Every affidavit to be used in supporting or opposing any opposed motion shall be filed with the Registrar not later than the day before the day appointed for the hearing.

Indorsement and filing of affidavits.

34. The Registrar, upon any affidavit being left with him to be filed, shall endorse it with the day of the month and year when it was so left, and forthwith file it with the proceedings to which it relates, and any affidavit left with the Registrar to be filed shall on no account, except by order of the Court, be delivered out to any person.

Precedence of motions.

35. Except in cases of emergency, or for any other cause deemed sufficient by the Court, all motions shall be made and heard in the order in which they are set down at the sitting of the Court.

Applications in Chambers.

36.—(1.) All applications to a Judge in Chambers, unless ex parte, shall be made upon notice in writing, which shall be served twenty-four hours before the time fixed in the notice.

(2.) Copies of the affidavits intended to be used in support of the application shall be served with the notice.

(3.) Copies of the affidavits intended to be used in opposition or in reply shall be served before the hearing.

Division 4.—Preparation of Orders.

Preparation of orders.

37.—(1.) If within one week from the making of an order for the appointment of the Official Receiver as Interim Receiver of the debtor’s property, a sequestration order, an order annulling a sequestration order, order on application to approve a composition or scheme, order annulling a composition or scheme, or order on application for discharge, the order has not been completed, the Registrar shall prepare and complete the order:

Provided that if in any case the Court is of opinion that the provisions of this Rule ought not to apply, it may so order:

Provided further that where an order of discharge is granted subject to the condition that judgment shall be entered against the bankrupt, nothing in this Rule shall require the Registrar to prepare and complete the order until the bankrupt has given consent, in accordance with Form 144, to judgment being entered against him.

(2.) Where the petitioner is represented by a solicitor the order shall be endorsed with the name and address of the solicitor.

Notice of appointment to settle order.

38. A person who has the carriage of an order shall obtain from the Registrar an appointment to settle the order, and shall give reasonable notice of the appointment to all persons who are affected by the order, or to their solicitors.

Transmission of copy to Official Receiver.

39. A copy of every sequestration order, and order for the appointment of the Official Receiver as Interim Receiver of the debtor’s property, sealed with the seal of the Court, and every other order made by the Court, shall forthwith be sent by post or otherwise by the Registrar to the Official Receiver.

Division 5.—Security in Court.

Security by bond.

40. Except where these Rules otherwise provide, where a person is required to give security, the security shall be in the form of a bond with a surety or sureties to the person proposed to be secured.

Amount of bond.

41. The bond shall be taken in a penal sum, which shall not be less than the sum for which security is to be given, and probable costs, unless the opposite party consents to it being taken for a less sum.

Deposit in lieu of bond.

42. Where a person is required to give security he may, in lieu thereof, lodge in Court a sum equal to the sum in question in respect of which security is to be given and the probable costs of the trial of the question, together with a memorandum to be approved of by the Registrar and to be signed by that person, his solicitor, or agent, setting forth the conditions on which the money is deposited.

Security account.

43.—(1.) Where any sum is lodged in Court in pursuance of the last preceding rule it shall be paid to a separate account in the proceeding, to be called the “Security Account”, and to abide the order of the Court, and the person paying the sum shall give notice of the payment to the party for whose benefit the security is to be given.

(2.) The notice shall be accompanied by an original receipt for the money paid into Court.

Disposal of money paid into Court.

44.—(1.) In any case in which money has been paid into Court as security for costs, when the proceeding has been finally disposed of, if the party by whom the payment into Court was made is adjudged to pay the costs of the proceeding, or any balance in respect of the costs of the proceeding, or any other balance of costs in the proceeding, to any parties for whose security the payment was made, the amount standing to the credit of the Security Account in the proceeding shall, unless the Court or a Justice otherwise orders, be liable to be applied in payment of the costs so ordered to be paid to those parties.

(2.) In any other case the party by whom the payment into Court was made shall be entitled to have the sum paid out to him.

Registrar to certify at conclusion of proceeding.

45. When a proceeding has been finally disposed of by consent or otherwise the Registrar shall, on the application of any party to the proceeding, and on being satisfied that that party is entitled to have any money standing to the credit of the Security Account paid out to him, give him a certificate to that effect.

Security of guarantee society.

46. The security of any incorporated company or guarantee society approved by the Court or the opposite party may be given in lieu of a bond or a deposit.

Notice of sureties.

47. In all cases where a person proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party and on the Registrar, at the Court, notice of the proposed sureties, which shall be in accordance with Form 19, and the Registrar shall forthwith give notice to both parties of the time and place at which he proposes that the bond shall be executed, and shall state in the notice that, should the proposed obligee have any valid objection to make to the sureties, or either of them, it must be made at that time.

Justification by sureties.

48. The sureties shall make an affidavit of their sufficiency, which shall be in accordance with Form 20, unless the opposite party dispenses with the affidavit, and the sureties shall attend the Court to be cross-examined, if required.

Execution of bond.

49. The bond shall be executed and attested in the presence of the Registrar or the Official Receiver, or before a justice of the peace, or a solicitor.

Notice of deposit.

50. Where a person makes a deposit of money in lieu of giving a bond, the Registrar shall forthwith give notice to the person to whom the security is to be given of the deposit having been made.

Division 6.—Affidavits.

Costs of unnecessary matter.

Cf. No. 37 1924, s. 47.

51. The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or argumentative matter, or copies of or extracts from documents, shall be paid by the party filing the affidavit.

Form.

52.—(1.) Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject.

(2.) No costs shall be allowed for any affidavit or part of an affidavit substantially departing from this rule, and no such costs shall be given except by leave of the Court.

Deponent’s description.

53. Every affidavit shall state the description and true place of abode of the deponent, and also what facts or circumstances deposed to are within his knowledge.

Several deponents.

54. In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both (or all) of the “above-named” deponents.

Scandalous matter.

55. The Court may order to be struck out from any affidavit any matter which is scandalous, and may order the costs of any application to strike out that matter to be paid as between solicitor and client.

Erasures, etc.

56. Noaffidavit having in the jurat or body thereof any interlineation, alteration, or erasure shall, without leave of the Court, be read or made use of in any matter depending in Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer or person taking the affidavit, nor, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialed in the margin of the affidavit by the officer or person taking it.

Blind or illiterate persons.

57.—(1.) Where an affidavit is sworn by any person who appears to the person taking the affidavit to be illiterate or blind, the person taking the affidavit shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent appeared perfectly to understand it, and that the deponent made his signature in the presence of that person.

(2.) No such affidavit shall be used in evidence in the absence of that certificate, unless the Court is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent.

Formal defects.

58. The Court may receive any affidavit sworn for the purpose of being used in any matter notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

Filing office copies, &c.

59.—(1.) In cases in which an original affidavit is allowed to be used, it shall before it is used be stamped with a proper filing stamp, and shall at the time when it is used be delivered to and left in Court or in chambers with the proper officer, who shall file it.

(2.) An office copy of an affidavit may in all cases be used, the original affidavit having been previously filed and the copy duly authenticated with the seal of the Court.

Swearing of affidavit.

60.—(1.) Noaffidavit (other than a proof of debt) shall be sufficient if sworn before the solicitor acting for the party on whose behalf the affidavit is to be used, or before any agent of the solicitor, or before the party himself.

(2.) Any affidavit which would be insufficient if sworn before the solicitor himself shall be insufficient if sworn before his clerk or partner.

(3.) An affidavit may be sworn to either in print, typewriting, or manuscript, or partly in one form and partly in another.

Time for filing.

61.—(1.) Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Court.

(2.) Except by leave of the Court, no order made ex parte in Court founded on any affidavit shall be of any force unless the affidavit on which the application was made was actually made before the order was applied for, and produced or filed at or before the time of making the motion.

Proof of affidavit.

Cf. No. 37 1924 s. 47.

62. The Court shall take judicial notice of the seal or signature of any person authorized by or under the Act to take affidavits or to certify to the authority.

Division 7.—Fees.

Fees.

63.—(1) The fees and percentages mentioned in the Third Schedule to these Rules shall be charged and payable in respect of the matters specified in that Schedule.

Marking of documents

(2) The officer of the Court who receives any document upon which any prescribed fee is payable shall, immediately upon the receipt of the document, mark in the margin of the document the amount of the fee and the date of the filing of the document, and no such document shall be filed until the fee thereon has been so marked, and the party presenting or receiving the document shall see that the marking has been duly made.

Division 8.—Witnesses and Depositions.

Subpœna

64. A subpœna for the attendance of a witness shall be issued by the Court at the instance of an Official Receiver, a trustee, a creditor, a debtor, or any applicant or respondent in any matter, with or without a clause requiring the production of books, deeds, papers, documents, and writings in his possession or control, and in the subpœna the name of three witnesses may be inserted.

Service of subpœna.

65. A sealed copy of the subpœna shall be served personally on the witness by the person at whose instance it is issued, or by his solicitor, or by an officer of the Court, or by some person in their employ, within a reasonable time before the time of the return thereof.

Proof of service.

66. Service of the subpœna may, when required, be proved by affidavit.

Limit of witnesses’ costs.

67. The Court may in any matter limit the number of witnesses to be allowed on taxation of costs, and their allowance for attendance shall in no case exceed the highest rate of the allowances mentioned in the scale of costs.

Costs of witnesses

68. The costs of witnesses, whether they have been examined or not, may, in the discretion of the Court, be allowed.

Payment of shorthand writer, &c.

69. Where the Court appoints a shorthand writer to take down the evidence of the bankrupt or witnesses or of any other person or of any of them, the person so appointed shall be paid a sum not exceeding a guinea a day and a further sum not exceeding sixpence per folio of seventy-two words for any transcript of the evidence or such other sum per day or per folio as the Registrar deems reasonable.

Depositions.

70. The Court may, in any matter where it appears necessary for the purposes of justice, make an order for the examination upon oath before the Court or any officer of the Court, or any other person, and at any place, of any witness or person, and may empower any party to any such matter to give the deposition in evidence therein on such terms (if any) as the Court directs.

Form of commission.

71. An order for a commission or letter of request to examine witnesses, and the writ of commission or request, shall follow the forms for the time being in use in the High Court, with such variations as circumstances require.

Production of documents.

72. The Court may, in any matter, at any stage of the proceedings, order the attendance of any person for the purpose of producing any writings or other documents named in the order, which the Court thinks necessary to be produced.

Disobedience to order.

73. Any person wilfully disobeying any subpœna or order requiring his attendance for the purpose of being examined or producing any document shall be deemed guilty of contempt of Court, and may be dealt with accordingly.

Conduct money.

74. Any witness (other than the debtor) required to attend for the purpose of being examined, or of producing any document, shall be entitled to conduct money and payment for expenses and loss of time in accordance with the scale referred to in the Second Schedule.

Division 9.—Discovery and Examination under section 80.

Discovery.

75.—(1.) Any party to any proceeding in Court may, with the leave of the Court, administer interrogatories to, or obtain discovery of documents from, any other party to the proceeding.

(2.) Proceedings under this rule shall be regulated as nearly as may be by the Rules of the High Court for the time being in force in relation to discovery and inspection.

(3.) An application for leave under this rule may be made ex parte.

(4.) A copy of the interrogatories delivered by any party shall be filed in Court on the day on which they are delivered to the opposite party.

Applications for discovery.

76.—(1.) Every application to the Court under section 80 of the Act shall be in writing, and shall state shortly the grounds upon which the application is made.

(2.) Where the application is made on behalf of the trustee or Official Receiver, it need not be verified by affidavit.

Division 10.—Taking Accounts of Property mortgaged, and of the Sale thereof.

Inquiry into mortgage, &c.

Cf. No. 37 1924 s. 106.

77.—(1.) Upon application by motion by any person claiming to be a mortgagee of any part of the bankrupt’s real or leasehold estate, and whether the mortgage is by deed or otherwise, and whether the mortgage is of a legal or equitable nature, the Court shall proceed to inquire whether the person is the mortgagee, and for what consideration and under what circumstances.

(2.) If it is found that the person so applying is the mortgagee, and if no sufficient objection appears to the title of the person to the sum claimed by him under the mortgage, the Court shall direct such accounts and inquiries to be taken as are necessary for ascertaining the principal, interest, and costs due upon the mortgage and of the rents and profits, or dividends, interest, or other proceeds received by the person, or by any other person by his order or for his use in case he has been in possession of the property over which the mortgage extends, or any part thereof, or which he might have received but for his own wilful default.

(3.) The Court, if satisfied that there ought to be a sale, shall direct notice to be given in such newspapers as the Court thinks fit, when and where, and by whom and in what way the property, or the interest therein so mortgaged, is to be sold, and that the sale be made accordingly, and that the trustee (unless it be otherwise ordered) shall have the conduct of the sale.

(4.) At any such sale the mortgagee may bid and purchase.

Conveyance.

78.—(1.) All proper parties shall join in the conveyance to the purchaser, as the Court directs.

(2.) If any person, when directed by the Court in pursuance of the last preceding sub-rule, refuses or fails to join in the conveyance to the purchaser, the Court may direct the trustee or an officer to execute such instruments necessary to effect the conveyance as the person refuses or fails to execute.

Proceeds of sale.

79.—(1.) The moneys to arise from the sale shall be applied in the first place in payment of the costs, charges, and expenses of the trustee, of and occasioned by the application to the Court, and of the sale and attendance thereat, and in the next place in payment and satisfaction, so far as the moneys extend, of what shall be found due to the mortgagee, for principal, interest, and costs, and the surplus of the moneys (if any) shall then be paid to the trustee.

(2.) In case the moneys to arise from the sale are insufficient to pay and satisfy what are found due to the mortgagee, the mortgagee may prove as a creditor for the deficiency, and receive dividends thereon rateably with the other creditors, but so as not to disturb any dividend then already declared.

Proceedings on inquiry.

80. For the better taking of the accounts and inquiries in pursuance of rule 77 of these Rules, and making a title to the purchaser, all parties may be examined by the Court upon interrogatories or otherwise as the Court thinks fit, and shall produce before the Court upon oath all deeds, certificates, papers, books, and writings in their respective custody or power relating to the estate or effects of the bankrupt, as the Court directs.

Accounts, &c.

81. In any proceeding between a mortgagor and mortgagee, or the trustee of either of them, the Court may direct any necessary inquiries or accounts to be made or taken notwithstanding that it may appear that there is some special or further relief sought for or some special issue to be tried, as to which it may be proper that the matter should proceed in the ordinary way.

Special directions as to mode of taking account.

82. The Court may either by the order directing the account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in particular may direct that, in taking the account, the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.

Accounts to be verified.

83.—(1.) Where any account is directed to be taken, the accounting party, unless the Court otherwise directs, shall make out his account and verify it by affidavit.

(2.) The items on each side of the account shall be numbered consecutively, and the account shall be referred to in the affidavit as an exhibit and filed in the Court.

Mode of vouching accounts.

84. Upon the taking of any account the Court may direct that the vouchers shall be produced at the office of the solicitor of the accounting party, or at any other convenient place, and that only such items as are contested or surcharged shall be brought before the Court.

Surcharge.

85. Any party seeking to charge any accounting party beyond what he has by his account admitted to have received shall give notice thereof to the accounting party, stating so far as he is able, in a short and succinct manner, the amount sought to be charged and the particulars thereof.

Accounts and inquiries to be numbered.

86. Where by any order, whether made in Court or in chambers, any accounts are directed to be taken or inquiries to be made, each such direction shall be numbered so that, as far as may be, each distinct account and inquiry may be designated by a number.

Just allowances.

87. In taking any account directed by any order, all just allowances shall be made without any direction for that purpose.

Registrar to report delay.

88. The Registrar shall at the beginning of each sittings report to the Court all the cases in which he considers that there has been any undue delay in the proceedings before the Court.

Expediting proceedings in case of undue delay.

89. If it appears to the Court on the representation of the Registrar or otherwise that there is any undue delay in the prosecution of any accounts or inquiries, the Court may require that party having the conduct of the proceedings, or any other party, to explain the delay, and may thereupon make such order with regard to expediting the proceedings or the conduct thereof, or the stay thereof, and as to the costs of the proceedings, as the circumstances of the case require, and for those purposes any party may be directed to summon the persons whose attendance is required and to conduct any proceedings and carry out any directions which may be given.

Division, 11.—Appropriation of Pay, Salary, Pensions, and other Income.

Notice to bankrupt of application.

No. 37 1924 s. 101.

90.—(1.) When a trustee intends to apply to the Court for an appropriation under section 101 of the Act, he shall give to the bankrupt notice of his intention so to do.

(2.) The notice shall specify the time and place fixed for hearing the application, and shall state that the bankrupt is at liberty to show cause against the order being made.

(3.) The notice and order shall be in Forms 99 and 101 respectively.

Copy of order to be served.

91.—(1.) Where an order is made under sections 101-102 of the Act, the Registrar shall give to the trustee or Official Receiver, as the case may be, a sealed copy of the order, and the trustee or Official Receiver shall communicate the contents of the order to the person or proper officer by whom the pay, pension, salary, emoluments, profit, wages, earnings or income is payable.

Review of order.

(2.) Where an order has been made for the payment by a bankrupt, or by his employer for the time being, of a portion of his income or salary, the bankrupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the Court to rescind the order, or to reduce the amount ordered to be paid by him to the trustee.

Division 12.—Warrants, Arrests and Commitments.

Attachment of property on sequestration.

92.—(1.) The Official Receiver or trustee or any person authorized by warrant under the hand of the Official Receiver may seize and lay an attachment in accordance with Form 151a on the bankrupt estate, and make an inventory thereof.

Section 209 (c).

(2.) The person making such attachment shall leave with the person in whose possession any such property is attached a notice of the attachment and a copy of the said inventory in accordance with Form 151b having subjoined thereto a notice that the property of the bankrupt has been attached, and that any person who, knowing the same to have been so attached, disposes of, receives, removes, retains, conceals, or embezzles the same or any part thereof with intent to defeat the said attachment shall be liable to be imprisoned for a term of not more than three years.

To whom warrants addressed.

93. A warrant of seizure, or a search warrant, or any other warrant issued under the provisions of the Act, may be addressed to any constable or to such officer of any Court as the Court in each case directs.

Custody and production of debtor.

94. Where a debtor is arrested under a warrant issued under section 77 of the Act, he shall be given into the custody of the governor or keeper of the prison, mentioned in the warrant, who shall produce the debtor before the Court as it from time to time directs, and shall safely keep him until such time as the Court otherwise orders; and any books, papers, moneys, goods and chattels in the possession of the debtor, which are seized, shall forthwith be lodged with the Official Receiver or trustee, as the case may be.

Execution of warrant.

95.—(1.) When a person is apprehended under a warrant issued under sub-section (2.) of section 80 of the Act, the officer apprehending him shall forthwith bring him before the Court or magistrate issuing the warrant to the end that he may be examined, and if he cannot immediately be brought up for examination or examined, the officer shall deliver him into the custody of the governor or keeper of the prison mentioned in the warrant, and the governor or keeper shall receive him into custody and shall produce him before the Court or the magistrate as it or he from time to time directs or orders, and subject to any such direction or order shall safely keep him.

(2.) The officer executing a warrant issued under sub-section (2.) of section 80 of the Act shall forthwith, after apprehending the person named in the warrant and bringing him before the Court or the magistrate as mentioned in the last preceding sub-rule, or after delivering him to the governor or keeper of the prison mentioned in that sub-rule, as the case may be, report the apprehension or delivery to the Court or magistrate issuing the warrant, and apply to the Court or magistrate to appoint a day and time for the examination of the person so apprehended, and the Court or magistrate shall thereupon appoint the earliest practicable day for the examination, and shall issue its or his direction or order to the governor or keeper to produce him for examination at a place and time to be mentioned in the direction or order.

(3.) Notice of any appointment mentioned in the last preceding sub-rule shall forthwith be given by the Registrar to the official receiver, trustee or other person who has applied for the examination or warrant.

Applications to commit.

96. An application to the Court to commit any person for contempt of Court shall be supported by affidavit, and be filed in the Court in which the proceedings are taken.

Notice and hearing of application.

97. Subject to the provisions of the Act and these Rules, upon the filing of an application to commit, the Registrar shall fix a time and place for the Court to hear the application, notice whereof shall be personally served on the person sought to be committed, not less than three days before the day fixed for the hearing of the application:

Provided that in any case in which the Court thinks fit, the Court may allow substituted service of the notice by advertisement or otherwise, or shorten or extend the length of notice to be given.

Suspension of issue of committal order.

98. Where an order of committal is made against a debtor, or against a trustee, for disobeying any order of the Court, or of the Official Receiver, to do some particular act or thing, the Court may direct that the order of committal shall not be issued, provided that the debtor or trustee, as the case may be, complies with the previous order within a specified time.

Committal of contumacious debtor or witness.

99.—(1.) If a debtor or witness examined before a Registrar refuses to answer to the satisfaction of the Registrar any question which he may allow to be put, the Registrar shall report the refusal in a summary way to the Judge, and, upon the report being made, the debtor or witness in default shall be in the same position and be dealt with in the same manner as if he had made default in answering before a Judge.

(2.) The report of the Registrar shall be in writing, but without affidavit, and shall set forth the question put, and the answer (if any) given by the debtor or witness, and may refer to the evidence given.

(3.) The Registrar shall, before the conclusion of the examination at which the default in answering is made, name the time when and the place where the default will be reported to the Judge; and, upon receiving the report, the Judge may take such action thereon as he thinks fit.

(4.) If the Judge is sitting at the time when the default in answering is made, the default may be reported immediately.

(5.) The report of the Registrar may be in accordance with Form 63.

Division 13.—Service and Execution of Process.

Address of solicitor for service.

100.—(1.) Every solicitor suing out or serving any petition, notice, summons, order, or other document, shall indorse thereon his name or firm and place of business, which shall be called his address for service, but if his place of business is not within two miles of the Registry in which the cause or matter is commenced, he shall add to his own name or firm and place of business another proper place, which shall not be more than two miles from the Registry, which shall be his address for service.

(2.) All notices, orders, documents, and other written communications which do not require personal service shall be deemed to be sufficiently served on the solicitor, if left for him at his address for service.

Hours for service.

101.—(1.) Service of notices, orders, or other proceedings shall be effected before the hour of four in the afternoon, except on Saturdays, when it shall be effected before the hour of one in the afternoon.

(2.) Service effected after four in the afternoon on any week day, except Saturday, shall for the purpose of computing any period of time subsequent to that service be deemed to have been effected on the following day.

(3.) Service effected after one in the afternoon on Saturday shall for the like purpose be deemed to have been effected on the following Monday

Duties of officers of Court.

102.—(1.) It shall be the duty of such officer as the Court directs to serve such orders, summonses, petitions, and notices as the Court requires him to serve; to execute warrants and other process; to attend any sittings of the Court (but not sittings in Chambers); and to do and perform all such things as are required of him by the Court.

(2.) This rule shall not be construed to require any order, summons, petition, or notice to be served by an officer of the Court which is not specially by the Act or these Rules required to be so served, unless the Court in any particular proceeding by order specially so directs.

Service by post.

No. 37 1924 s. 43.

103. Where notice of an order or other proceeding in Court may be served by post it shall be sent by registered letter.

Enforcement of orders.

104. Every order of the Court may be enforced as if it were a judgment of the Court to the same effect.

Division 14.—Trial by Jury.

Settlement of issues for trial.

105. Where upon any application to the Court for a decision on any question, the Court, with or without the application of any person, has directed that a question of fact be tried with a jury, the question of fact shall be reduced into writing and submitted to the Court for its approval, and shall, when approved, be called the record for trial; but the Court shall have power to allow any amendment thereof at any time upon such terms as the Court thinks fit.

Special or common jury.

No. 37 1924 s. 25 (2).

106. An order of the Court for the trial of a question of fact before a jury shall specify the place of trial, and whether it shall be before a special or a common jury, but the order may be amended by the substitution of one jury for the other, upon such terms as the Court thinks fit.

Mode of trial by jury.

107.—(1.) If the trial take place before the Court it shall be had in the same manner as if it were the trial by a jury of an issue of fact in an action in the High Court.

(2.) If the trial takes place in any other Court in shall be had in the manner in which jury trials in ordinary cases are by law held in that Court.

Finding of jury to be certified to Court.

108. If a trial be had elsewhere than in the Court, the finding of the jury shall be certified by the Associate or other proper officer to the Court which shall make such order in the matter as it thinks fit.

Power to grant new trial.

109. In every case the Court before which the trial is had may grant a new trial if it thinks fit, and for such purpose the ordinary rules of practice and procedure in that Court shall apply.

Division 15.—Costs.

Awarding costs.

110.—(1.) The Court in awarding costs may direct that the costs of any matter or application shall be taxed and paid as between party and party or as between solicitor and client, or that full costs, charges, and expenses shall be allowed, or the Court may fix a sum to be paid in lieu of taxed costs.

(2.) In the absence of any express direction, costs of an opposed motion shall follow the event, and shall be taxed as between party and party.

(3.) Where an action is brought against an Official Receiver or trustee in bankruptcy as representing the estate of the debtor, or where an Official Receiver or trustee in bankruptcy is made a party to a cause or matter, on the application of any other party thereto, he shall not be personally liable for costs unless the Court in which the action is brought otherwise directs.

(4.) Where forms in the schedules to these Rules are applicable, any costs occasioned by the use of any other or more prolix forms shall, unless the Court otherwise directs, be borne by or disallowed to the party using the other or more prolix forms.

Orders to be sealed, signed and filed.

111. Every order for payment of money or costs, or either of them, shall be sealed, and signed by the Registrar, and shall be forthwith filed with the proceedings.

Taxation of costs.

112. The costs directed by any order to be paid shall be taxed on production of the order or an office copy of the order, and the allocatur shall be signed and dated by the Taxing Officer, who shall be the prescribed officer for the purposes of section 136 of the Act.

Bills to be taxed.

113. The bills to be taxed shall be bills of costs, charges, fees and disbursements in matters under the Act.

Scales of costs and charges.

114. The scales of costs set forth in the Second Schedule to these Rules, and the regulations contained in the scales, shall, subject to these Rules, apply to the taxation and allowance of costs and charges, in all proceedings under the Act and these Rules.

Re-taxation of coats when assets realize more than certified amounts.

115. Costs and charges in respect to the statement of affairs shall be allowed on the scale prescribed in the Second Schedule to these Rules.

Solicitor’s costs in case of petition by debtor.

116.—(1.) The solicitor in the matter of a bankruptcy petition presented by the debtor against himself shall, in his bill of costs, give credit for such sum or security (if any) as he has received from the debtor or any other person as a deposit on account of the costs and expenses to be incurred in and about the filing and prosecution of the petition; and the amount of any such deposit shall be noted by the taxing officer upon the allocatur issued for the costs, and if the amount received from the debtor or other person exceed the amount of the taxed costs, the solicitor shall pay the balance to the Official Receiver or trustee.

(2.) The bill of costs and credit shall be verified by affidavit.

Costs paid otherwise than out of estate.

117. When a bill of costs is taxed under any special order of the Court, and it appears by the order that the costs are to be paid otherwise than out of the estate of the bankrupt, the taxing officer shall specially note upon the allocatur by whom, or the manner in which, the costs are to be paid.

Bills of costs to be filed.

118. Upon the taxation of any bill of costs, charges, or expenses being completed, the taxing officer shall forthwith file the bill with the proceedings in the matter, and shall thereupon issue to the person presenting the bill for taxation his allocatur, or certificate of taxation, which shall be in Form 148 or 149.

Certificate of employment.

No. 37 1924 s. 136.

119. Before taxing the bill or charges of any solicitor, manager, accountant, auctioneer, broker, or other person employed by an Official Receiver or trustee, the Taxing Officer shall require a certificate in writing, signed by the Official Receiver or trustee, as the case may be, to be produced to him, setting forth whether any, and if so what, special terms of remuneration have been agreed to, and in the case of the bill of costs of a solicitor, a copy of the resolution or other authority sanctioning the employment.

Sheriff’s costs.

No. 37 1924 s. 93 (1).

120. In any case in which, pursuant to sub-section (1.) of section 93 of the Act, a sheriff is required to deliver goods (including money) to an Official Receiver or trustee, such sheriff shall, without delay, bring in his bill of costs for taxation, which shall be taxed by the taxing officer of the Court having jurisdiction in the bankruptcy; and unless the bill of costs is brought in for taxation within fourteen days from the date when the sheriff makes the delivery, the Official Receiver or trustee may decline to pay it.

 

Taxation of sheriff’s costs after deduction.

121.—(1.) If the Official Receiver or trustee, in writing, requires any costs which a sheriff has deducted under sub-section (2.) of section 93 of the Act to be taxed, the sheriff shall, within seven days from the date of the request, bring in those costs for taxation, and those costs shall be taxed by the taxing officer of the Court having jurisdiction in the bankruptcy.

(2.) Any amount disallowed on the taxation shall forthwith be paid over by the sheriff to the Official Receiver or trustee, as the case requires.

Notice of appointment.

122. Every person whose bill or charges is or are to be taxed shall in all cases give to the Official Receiver and to the trustee (if any) not less than seven days’ notice of the appointment to tax the bill or charges.

Lodgment of bill.

123.—(1.) The bill or charges, if incurred prior to the appointment of a trustee, shall be lodged with the Official Receiver, and if incurred after the appointment of a trustee, shall be lodged with the trustee three clear days before the application for the appointment to tax the bill or charges is made, and the trustee shall forthwith lodge it with the Official Receiver.

(2.) The Official Receiver shall forthwith, on receiving notice of taxation, lodge the bill or charges with the proper taxing officer.

(3.) The Official Receiver shall call the attention of the taxing officer to any items which, in his opinion, ought to be disallowed or reduced.

Copy of bill.

124. Every person whose bill or charges is or are to be taxed shall, on application either of the Official Receiver or the trustee, furnish a copy of his bill or charges so to be taxed, on payment at the rate of 4d. per folio, which payment may be charged to the estate.

Application for costs.

125. Where any party to, or person affected by, any proceeding desires to make an application for an order that he be allowed his costs, or any part of them, incident to the proceeding, and the application is not made at the time of the proceeding—

(a) the party or person shall serve notice of his intended application on the Official Receiver, and, if a trustee has been appointed, on the trustee;

(b) the Official Receiver and trustee may appear on the application and object thereto;

(c) no costs of or incidental to the application shall be allowed to the applicant, unless the Court is satisfied that the application could not have been made at the time of the proceeding.

Review of taxation by Registrar.

126.—(1.) Where any bill of costs, charges, fees, or disbursements of any solicitor, manager, accountant, auctioneer, broker, or other person have been taxed, the Official Receiver or trustee or other person interested may require the taxation to be reviewed by the Registrar.

(2.) In any case in which the Official Receiver, trustee or other person requires a review of taxation in pursuance of the last preceding sub-rule he shall give notice to the person whose bill has been taxed, and shall apply to the Registrar to appoint a time for the review of the taxation, and thereupon the Registrar shall appoint a time for the review of, and shall review, the taxation.

(3.) The Official Receiver, trustee or other person shall give to the person whose bill of costs is to be reviewed notice of the time appointed for the review.

(4.) The Official Receiver or trustee may appear upon the review of the taxation; and if, upon the review of taxation, the bill is allowed at a lower sum than the sum allowed upon the previous taxation, the amount disallowed shall (if the bill has been paid) be repaid to the Official Receiver, or the trustee, or other person entitled thereto.

(5.) The certificate of the Registrar shall in every case of a review by him under this rule be a sufficient authority to entitle the person to whom the amount disallowed ought to be repaid to demand the amount from the person liable to repay it.

(6.) There shall be allowed to the person whose bill is reviewed such costs of and incidental to his appearance on the review as the Registrar thinks proper, and those costs shall be paid to that person out of the estate:

Provided that the costs of the attendance of a principal shall not be allowed if in the opinion of the Registrar he could have been sufficiently represented at less expense by his agent.

Priority of costs and charges payable out of estate.

127. The assets in every matter remaining, after payment of the actual expenses incurred in realizing any of the assets of the debtor, shall, subject to any order of the Court, be liable to the following payments, which shall be made in the following order of priority, namely:—

(a) the actual expenses incurred by the Official Receiver in protecting the property or assets of the debtor, or any part thereof, and any expenses or outlay incurred by him or by his authority in carrying on the business of the debtor:

(b)the fees, percentages, and charges payable under Table B of the Scale of Official Fees and Percentages in the Third Schedule; and any other fees payable to, or costs, charges, and expenses incurred or authorized by the Official Receiver ;

(c) the deposit or deposits lodged by the petitioning creditor pursuant to these Rules;

(d)the deposit or deposits lodged on any application for the appointment of an Interim Receiver;

(e) the remuneration of the special manager (if any);

(f) the remuneration and charges of the person (if any) appointed to assist the debtor in the preparation of his statement of affairs;

(g) any allowance made to the debtor by the Official Receiver;

(h) the taxed costs of the petitioning creditor;

(i) the remuneration of the trustee;

(j) the taxed charges of any shorthand writer appointed by the Court;

(k) the trustee’s necessary disbursements other than actual expenses of realization;

(l) the costs of any person properly employed by the trustee with the sanction of the Official Receiver;

(m) any allowance made to the debtor by the trustee with the sanction of the creditors by resolution at any general meeting, or the Committee of Inspection or the Court; and

(n) the actual out-of-pocket expenses necessarily incurred by the Committee of Inspection, subject to the approval of the Official Receiver.

Disallowance of costs of unnecessary petition.

128. In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor, and before the hearing of the petition, the debtor files a petition, and a sequestration order is made on the petition of the debtor, unless in the opinion of the Court the estate has benefited thereby, or there are special circumstances which make it just that the costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate, and the sequestration order shall be deemed to have been made on the petition of the petitioning creditor, and the costs of his petition shall be allowed the petitioning creditor.

Apportionment of costs in case of partnership.

129. In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the sequestration order shall be apportioned between the joint and separate estates in such proportions as the Official Receiver in his discretion determines.

Costs out of joint or separate estates.

130.—(1.) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to pay the costs or charges out of the separate estates of the co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver thinks fit.

(2.) The Official Receiver may also, as in his discretion he thinks fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate.

(3.) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee may, subject to sub-rule (5.) of this rule, pay the costs or charges out of the separate estates of the co-debtors, or one or more of them.

(4.) The trustee may, subject to the next succeeding sub-rule, pay any costs or charges properly incurred for any separate estate, after his appointment, out of the joint estate, and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate.

(5.) No payment under the last preceding sub-rule shall be made out of a separate estate or joint estate by a trustee without the consent by resolution at any general meeting of the creditors of the estate out of which the payment is intended to be made, or, if the creditors withhold, refuse, or otherwise fail to give their consent, without an order of the Court.

Division 16.—Appeals.

Restitutions on appeal.

131. No appeal shall be brought—

(a) without the leave of the Court, to the High Court from any order made by consent, or as to costs only;

(b) without the leave of the Court, from any order relating to property when it is apparent from the proceedings that the money or money’s worth involved does not exceed £50;

(c) in respect of the omission by the Court appealed from to exercise discretionary power, unless the Court has in its judgment, or on application made to it at the hearing, expressly refused to exercise the power, in which case the refusal may be made a ground of appeal.

Time for appeal.

132.—(1.) Subject to the powers of the High Court to extend the time under special circumstances, no appeal to the High Court from any order of the Court shall be brought after the expiration of twenty-one days.

(2.) That period shall be calculated from the time at which the order is signed, entered, or otherwise perfected, or, in the case of the refusal of an application, from the date of the refusal.

Security for costs of appeal.

133. At or before the time of entering an appeal the party intending to appeal shall lodge in the High Court the sum of Twenty pounds to satisfy, in so far as that sum may extend, any costs that the appellant is ordered to pay:

Provided that the High Court may in any special case increase or diminish the amount of the security or dispense therewith.

Notice of appeal.

134. Upon entering an appeal, a copy of the notice of appeal shall forthwith be sent by the appellant to the Registrar, who shall mark thereon the date when received and forthwith file it with the proceedings.

Procedure on appeals.

135. Subject to the four last preceding rules, appeals to the High Court shall be regulated by the Rules of the High Court applicable thereto.

Part III.—Proceedings From Act of Bankruptcy to Discharge.

Division 1.—Declaration of Inability to pay Debts.

Form of declaration.

136.—(1.) A declaration of a debtor of his inability to pay his debts shall be dated, signed, and witnessed, and shall be in accordance with Form 2, with such variations as circumstances require, and shall be notified in the Commonwealth Gazette.

(2.) The witness shall be a solicitor, or justice of the peace, or a Commissioner for taking Declarations, or an Official Receiver or Registrar.

Division 2.—Bankruptcy Notice.

Court to issue notice.

137. A bankruptcy notice issued by the Court shall be in accordance with Form 5.

Issue of notice.

138.—(1.) A creditor, desiring a bankruptcy notice to be issued shall produce to the Registrar an office copy of the judgment on which the notice is founded and file the notice, together with a request for issue, which shall be in accordance with Form 4.

(2.) The creditor shall at the same time lodge with the Registrar two copies of the bankruptcy notice to be sealed and issued for service.

Indorsement of address, &c.

139.—(1.) Every bankruptcy notice shall be indorsed with the name and place of business of the solicitor actually suing out the notice, or if no solicitor is employed, with a memorandum that it is sued out by the creditor in person.

(2.) There shall also be indorsed on every bankruptcy notice an intimation to the debtor that if he has a counter claim, set off, or cross demand which equals or exceeds the amount of the judgment debt, and which he could not have set up in the action in which the judgment was obtained, he must within the time specified in the notice file an affidavit to that effect with the Registrar.

(3.) In the case of a notice served in any of the capital cities of the Commonwealth, the time shall be three days.

(4.) In the case of a notice served elsewhere, the Registrar, when issuing the notice, shall fix the time.

Application to set aside.

140.—(1.) The filing of the affidavit referred to in sub-rule (2.) of the last preceding rule shall operate as an application to set aside the bankruptcy notice, and thereupon the Registrar shall fix a day for hearing the application, and not less than three days before the day so fixed shall give notice thereof both to the debtor and the creditor, and their respective solicitors, if known.

(2.) If the application cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bankruptcy will be complete, the Registrar shall extend the time, and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined.

Duration of notice.

141. Subject to the power of the Court to extend the time, a bankruptcy notice shall be served within one month after the issue thereof.

Service of notice.

142. A bankruptcy notice shall be served, and service thereof shall be proved in the like manner as is by these Rules prescribed for the service of a creditor’s petition.

Setting aside notice.

143. When the Court makes an order setting aside the bankruptcy notice it may at the same time declare that no act of bankruptcy has been committed by the debtor under the notice.

Division 3.—Bankruptcy Petition.

Form of petition.

144.—(1.) Every petition shall be fairly written or printed, or partly written and partly printed, and no alterations, interlineations, or erasures shall be made without the leave of the Registrar, except so far as is necessary to adapt a printed form to the circumstances of the particular case.

(2.) A debtor’s petition shall be in accordance with Form 3, and a creditor’s petition shall be in accordance with Form 9.

Description and address of debtor.

145.—(1.) Where a petition is presented by a debtor he shall, besides inserting therein his name and description, and his address at the date when the petition was presented, further describe himself as lately residing or carrying on business at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied.

(2.) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor, as of his then present address and description, shall, in the petition, describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred.

(3.) Where a sequestration order is made against a debtor on the petition of a creditor, the Court may amend any error or supply any omissions in the name or description of the debtor in any of the proceedings prior to or under the bankruptcy, and notice thereof shall be given by the Official Receiver by advertisement in the Commonwealth Gazette.

(4.) Where any such amendment is made, the proceedings as amended shall in all Courts be read and have the like force and effect as if they had originally been in the amended form.

(5.) The costs of and incidental to any such amendment shall be paid out of the estate of the debtor.

Attestation.

146.—(1.) Every bankruptcy petition shall be attested.

(2.) If it be attested in Australia the witness shall be a solicitor, or the Official Receiver or Registrar, or any person authorized under the Statutory Declarations Act 1911-1922 to take statutory declarations.

(3.) If it be attested out of Australia the witness shall be a judge or a magistrate or a British Consul or a notary public.

Deposit by petitioner.

147.—(1.) Upon the presentation of a petition either by the debtor or by a creditor the petitioner shall deposit with the Registrar the sum of Five pounds, and such further sum (if any) as the Court

from time to time directs, to cover the fees and expenses to be incurred by the Official Receiver; and no petition shall be received unless the receipt of the Registrar for the deposit payable on the presentation of the petition is produced to the proper officer of the Court.

(2.) The Official Receiver shall account for the money so deposited to the creditor, or, as the case may be, to the debtor’s estate, and any sum so paid by a petitioning creditor shall be repaid to the creditor (except and so far as the deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Receiver) out of the proceeds of the estate in the priority prescribed by these Rules.

Division 4.—Creditor’s Petition.

Security for costs.

148. A petitioning creditor who is resident abroad, or whose estate is vested in a trustee under any law relating to bankruptcy, or against whom a petition is pending under the Act, or who has made default in payment of any costs ordered by the Court to be paid by him to the debtor, may be ordered to give security for costs to the debtor.

Verification and copies.

149. Every creditor’s petition shall be verified by affidavit, and when it is filed there shall be lodged with it two or more copies to be sealed and issued to the petitioner.

Who to verify.

150. When the petitioning creditor cannot himself verify all the statements contained in his petition, he shall file in support of the petition the affidavit of some person who can depose to them.

Joint petitioners.

151. Where a petition is presented by two or more creditors jointly, it shall not be necessary that each creditor shall depose to the truth of all the statements which are within his own knowledge; but it shall be sufficient that each statement in the petition is deposed to by some one within whose knowledge it is.

Investigation of petition.

152. After the presentation of a creditor’s petition, and before sealing the copies of the petition for service, the statements in the petition shall be investigated by the Registrar, and where some of the statements in the petition cannot be verified by affidavit, witnesses may be summoned to verify them.

Personal service.

153.—(1.) A creditor’s petition shall be personally served by delivering to the debtor a sealed copy of the filed petition.

(2.) A petition shall be served upon the debtor by an officer or bailiff or by the creditor or his solicitor, or by some person in their employ.

Substituted service.

154. If personal service cannot be effected, the Court may extend the time for hearing the petition, or if the Court is satisfied by affidavit or other evidence on oath that the debtor is keeping out of the way to avoid that service, or service of any other legal process, or that for any other cause prompt personal service cannot be effected, it may order substituted service to be made by delivery of the petition to some adult inmate at his usual or last known residence or place of business, or by registered letter, or in such other manner as the Court directs, and that the petition shall then be deemed to have been duly served on the debtor.

Proof of service.

155. Service of the petition shall be proved by affidavit, with a sealed copy of the petition attached, which shall be filed in Court forthwith after the service.

Service out of jurisdiction.

156. Where a debtor petitioned against is not in Australia, the Court may order service to be made within such time and in such manner and form as it thinks fit.

Death of debtor before service of petition.

157. If a debtor against whom a bankruptcy petition has been filed dies before service thereof, the Court may order service to be effected on the personal representatives of the debtor, or on such other persons as the Court thinks fit.

Division 5.—Hearing of Petition.

Proceedings on petition.

Cf. No. 37 1924 ss. 56, 57.

158. A creditor’s petition shall not be heard until the expiration of eight days from the service thereof:

Provided that where the act of bankruptcy alleged is that the debtor has filed a declaration of inability to pay his debts, or where it is proved to the satisfaction of the Court that the debtor has absconded, or in any other case for good cause shown, the Court may, on such terms, if any, as the Court thinks fit to impose, hear the petition at such earlier date as the Court deems expedient.

Time of hearing.

159. The Registrar shall appoint the time and place at which the petition will be heard, and notice thereof shall be written on the petition and sealed copies, and where the petition has not been served the Registrar may from time to time alter the first day so appointed, and appoint another day and hour.

Several respondents.

160. Where there are more respondents than one to a petition, the rules as to service shall be observed with respect to each respondent, but where all the respondents have not been served, the petition may be heard separately or collectively as to the respondent or such of the respondents as has or have been served, and separately or collectively as to the respondents not then served according as service upon them is effected.

Debtor intending to show cause.

161. Where a debtor intends to show cause against a petition, he shall file a notice with the Registrar specifying the statements in the petition which he intends to deny or dispute, and transmit by post to the petitioning creditor and his solicitor, if known, a copy of the notice three days before the day on which the petition is to be heard:

Provided that, where the act of bankruptcy relied on is non-compliance with a bankruptcy notice, no objection to the bankruptcy notice shall be entertained at the hearing of the creditor’s petition if the objection could reasonably have been taken before the expiration of the time specified in the endorsement on the bankruptcy notice for that purpose.

Non-appearance of debtor.

162. If the debtor does not appear at the hearing, the Court may make a sequestration order on such proof of the statements in the petition as the Court thinks sufficient.

Appearance of debtor to show cause.

163. On the appearance of thedebtor to show cause against the petition, the petitioning creditor’s debt, and the act of bankruptcy, or such of those matters as the debtor has given notice that he intends to dispute, shall be proved, and if any new evidence of those matters, or any of them, is given, or any witness to the matter is not present for cross-examination, and further time is desired to show cause, the Court shall, if the application appears to the Court to be reasonable, grant such further time as the Court thinks fit.

Non-appearance of creditor.

164. If any creditor neglects to appear on his petition, no subsequent petition against the same debtor or debtors, or any of them, either alone or jointly with any other person, shall be presented by the same creditor with respect to the same act of bankruptcy without the leave of the Court to which the previous petition was presented.

Cross-examination of deponents.

165.—(1.) Every witness who has made an affidavit in any proceeding or matter before the Court shall be subject to oral cross-examination in the same manner as if the evidence given in his affidavit had been given by him orally, and may be re-examined by the party using the affidavit.

(2.) The witness shall attend before the Court to be so examined, upon due notice being given to the party on whose behalf the affidavit was filed, and upon payment to that party or his solicitor of the reasonable expenses of the deponent attending the examination; and those expenses, if paid, shall be deemed costs in the proceeding or matter, unless the Court otherwise directs.

(3.) After the notice referred to in the last preceding sub-rule has been duly given, and the expenses of the deponent attending the examination duly paid or tendered, the affidavit of the deponent shall not be used or admissible in evidence on behalf of the party filing it unless the deponent is present for examination in pursuance of this rule.

Proceedings after trial of disputed question.

166. Where proceedings on a petition have been stayed for the trial of the question of the validity of the petitioning creditor’s debt, and the question has been decided in favour of the validity of the debt, the petitioning creditor may apply to the Registrar to fix a day on which further proceedings on the petition may be had, and the Registrar on production of the judgment of the Court in which the question was tried, or an office copy or certificate thereof, shall give notice to the petitioner by post of the time and place fixed for the hearing of the petition, and a like notice to the debtor at the address given in his notice to dispute, and also to their respective solicitors, if known.

..	132
certificate for, of debtor’s petition...................................................................................	149	..	132
register to be kept by taxing officer.................................................................................	150	..	133
request to deliver bill of, for taxation..............................................................................	147	..	131
return of, by taxing officer................................................................................................	151	..	134
Creditor’s petition........................................................................................................................	9	..	67
Creditors, list of, for use at meeting.........................................................................................	53	..	92
list of, for consideration of composition or scheme................................................	54	..	92
Debt, admission of, by debtor of bankrupt..............................................................................	97	..	111
certified list of proofs, filed under rules 219–220........................................................	115	..	119
declaration of inability to pay...........................................................................................	2	..	64
notice to creditor under section 175................................................................................	15	..	177
notice of rejection of proof of...........................................................................................	60	..	97
order to pay admitted.........................................................................................................	98	..	111
proof of, by trustee in prior bankruptcy..........................................................................	58	..	96
proof of, general form........................................................................................................	57	..	95
proof of workmen’s............................................................................................................	59	..	97
Debtor, affidavit of non compliance with, order under section 25 (3) petition.................	168	..	142
3	..	64
Declaration of inability to pay...................................................................................................	2	..	64
Deed of Assignment (Part XL), affidavit in support of stay................................................	3	..	172
affidavit on application to set aside	17	..	178
application to Court to consider..............................................	13	..	176
application to Court to declare void	16	..	177
certificates of Chairman............................................................	5	..	173
certificate of extraordinary resolution....................................	5	..	173
certificate of special resolution................................................	6	..	173
certificate of confirmation........................................................	7	..	173
certificate of due execution and validity of...........................	12	..	176
declaration by debtor verifying schedules.............................	9	..	174
form of notice calling a first meeting	2	..	171
general title.................................................................................	1	..	171
notice of execution of................................................................	11	..	175
notice of to Registrars, &c.......................................................	21	..	180
notice under section 175 to creditors	15	..	177
order declaring void...................................................................	18	..	178
order for stay of proceedings...................................................	4	..	172
register of....................................................................................	20	..	180
register of notices of..................................................................	22	..	181
statement by creditor assenting to	10	..	175
statement of account..................................................................	19	..	179
warrant to seize personal estate of debtor..............................	8	..	174
See also Compositions, Scheme of Arrangement.
Deed of Arrangement (Part XII.), affidavit of execution of, by debtor	5	..	182
affidavit of execution where deed is first executed by a creditor...................................................................................	6	..	183
affidavit of trustee to be filed with Registrar as to assents of creditors.................................................................................	4	..	182
assent of creditor to...................................................................	3	..	182
debtor’s affidavit........................................................................	7	..	183
form of register...........................................................................	8	..	184
form of register of notices........................................................	10	..	185
form of return.............................................................................	9	..	185
general title.................................................................................	1	..	181
notice of, to creditors.................................................................	12	..	186
notice to Registrars, &c............................................................	9	..	185

General Index to Forms.

Form.	Page.
Deed of arrangement (Part XII.), order declaring deed void or appointing new trustee.	11	..	186
statutory declaration by debtor verifying schedules to.........................................................................	9	..	181
Discharge, affidavit of bankrupt as to after-acquired property............................................	146	..	131
application for order of...............................................................................................	134	..	126
certificate of number of creditors to be notified....................................................	135	..	127
consent of bankrupt to judgment being entered.....................................................	144	..	130
entering of judgment pursuant to consent...............................................................	145	..	131
notice to creditors of application for........................................................................	137	..	127
notice to Registrar-General, &c., section 123 of Act.
notice to Official Receiver and trustee of application for	136	..	127
order granting, unconditionally................................................................................	138	..	127
order refusing...............................................................................................................	139	..	128
order subject to condition requiring bankrupt to consent to judgment...............	143	..	130
order subject to condition as to earnings, after-acquired property and income	142	..	129
order suspending..........................................................................................................	140	..	128
order when only fact proved that assets not equal to 10s. in £1..........................	141	..	129
See also Release.
Disclaimer, notice by landlord or other person......................................................................	111	..	116
See also Lease: Trustee.
Dividend, application by creditor for order to pay.................................................................	120	..	121
authority to pay to another person............................................................................	121	..	121
notice of.........................................................................................................................	119	..	120
notice of intention to declare.....................................................................................	116	..	119
notice to persons claiming to be creditors, of intention to declare final............	117	..	119
statement to accompany notice of............................................................................	114	..	118
Examination, application under section 69 by Official Receiver (or trustee) for an order appointing a sitting for a public.................................................................................................	61	..	98
memorandum of public examination..................................................................	73	..	102
notes of, where shorthand writer is not appointed	68	..	100
notes of, public, where a shorthand writer is appointed	67	..	100
notice for local paper of public............................................................................	64	..	99
order appointing a time for public.......................................................................	62	..	98
order as to, of debtor suffering from mental or physical affliction or disability	71	..	101
order dispensing with public................................................................................	70	..	101
order of adjournment for further public.............................................................	72	..	101
order of adjournment of public............................................................................	69	..	100
order of Court that examination concluded.......................................................	74	..	102
report of Registrar where witness refuses to answer to his satisfaction.......	63	..	98
First meeting. See Meeting.
Gazette, forms of notices for......................................................................................................	186	..	150
General title, First Schedule of forms......................................................................................	1	..	64
Fourth Schedule of forms.......................................................................................	1	..	171
Fifth Schedule of forms..........................................................................................	1	..	181
Income, notice of application to set aside, of bankrupt married woman............................	100	..	112
Interim Receiver, application for..............................................................................................	12	..	68
Joint estate, notice for Gazette of transfer of separate estate to...........................................	180	..	147
Jury, issue of facts for trial by...................................................................................................	182	..	147
Landlord, form of notice to trustee as to disclaimer..............................................................	111	..	116
Lease, disclaimer of, after notice..............................................................................................	107	..	114
disclaimer of, with leave of Court....................................................................................	108	..	115
disclaimer of........................................................................................................................	106	..	114
notice of disclaimer of, with leave of the Court............................................................	110	..	115
notice of disclaimer of, without leave of the Court.......................................................	109	..	115
notice of intention to disclaim...........................................................................................	103	..	113
not sublet or mortgaged, notice to landlord of intention to disclaim.........................	104	..	113

General Index to Forms.

Form.	Page.
Lease, sublet or mortgaged, notice of intention to disclaim.................................................	105	..	114
List of creditors for use at meeting...........................................................................................	53	..	92
for use at meeting held for consideration of composition or scheme........	54	..	92
Manager, special, affidavit by...................................................................................................	128	..	125
Married woman, order for payment to trustee of income of separate property of............	102	..	113
Meeting, affidavit of postage of notices (general).................................................................	48	..	90
affidavit of postage of notice of first...........................................................................	38	..	86
application for extension of time for holding first, and order thereon...................	32	..	83
authority to deputy to act as Chairman, &c................................................................	41	..	87
certificate of postage of notices (general)...................................................................	49	..	90
certificate of postage of notices of first.......................................................................	39	..	87
list of creditors assembled to be used at every...........................................................	53	..	92
list of creditors for use at, for consideration of composition or scheme...............	54	..	92
memorandum of adjournment of first or other meeting...........................................	44	..	88
memorandum of proceedings at adjourned first meeting........................................	45	..	89
memorandum of proceedings at first meeting in summary cases...........................	43	..	88
minutes of, for receiving resignation of trustee, &c.................................................	52	..	91
notice, form of, calling a first meeting, Part XI.........................................................	2	..	171
notice, general form........................................................................................................	47	..	89
notice of, in summary case where debtor submits an offer of composition or scheme..........................................................................................................................	36	..	85
notice to creditors of first, in summary case where debtor has not submitted an offer of composition or scheme................................................................................	34	..	84
notice to creditors of first..............................................................................................	33	..	84
notice to creditors of adjourned....................................................................................	37	..	86
notice to creditors to appoint a new trustee................................................................	51	..	91
notice to creditors to remove trustee, &c....................................................................	50	..	91
notice to debtor to attend first meeting of creditors..................................................	40	..	87
notice of first or other meeting where debtor submits an offer of composition or scheme..........................................................................................................................	35	..	85
order of Court for general meeting..............................................................................	46	..	89
resolution at first.............................................................................................................	42	..	88
Memorandum, claiming property after notice under section 98 (4)	191	..	155
notice of withdrawal of, filed under section 98 (5).........................................	192	..	155
of advertisement.....................................................................................................	187	..	153
Notices for Commonwealth Gazette, forms of........................................................................	186	..	150
Official Receiver, order transferring receivership.................................................................	188	..	154
Order, application by creditor for order for trustee to pay witheld[TWN T228]  dividend	120	..	121
appointing a time for public examination......................................................................	62	..	98
approving composition or scheme of arrangement......................................................	85	..	107
as to examination of debtor who is suffering from mental or physical affliction or disability..........................................................................................................................	71	..	101
declaring deed of arrangement under Part XII. void or appointing new trustee.....	11	..	186
declaring deed of assignment under Part XI. void.......................................................	18	..	178
dispensing with public examination of debtor..............................................................	70	..	101
for administration of estate of deceased debtor............................................................	178	..	146
for administration on transfer of proceedings under section 155..............................	179	..	146
for discharge from custody for contempt.......................................................................	174	..	144
for enforcement of provisions in a composition or scheme........................................	88	..	108
for payment to trustee of income or separate property of bankrupt married woman...........................................................................................................................................	102	..	113
for production of person apprehended under warrant under section 80...................	171	..	143
for production of person in prison..................................................................................	175	..	144
for stay of proceedings, Part XI......................................................................................	4	..	172
granting discharge unconditionally.................................................................................	138	..	127

General Index to Forms.

Form.	Page.
Order, granting discharge subject to bankrupt consenting to judgment being entered against him..................................................................................................................................	143	..	130
granting discharge subject to conditions as to earnings, after-acquired property and income..............................................................................................................................
	142	..	129
granting discharge where only fact proved that assets not equal to 10s. in £1.......	141	..	129
of adjournment of public examination...........................................................................	69	..	100
of further adjournment of public examination..............................................................	72	..	101
of committal under section 71.........................................................................................	165	..	141
of committal under section 76.........................................................................................	166	..	141
of committal under section 99 (6)...................................................................................	167	141
of Court that examination is concluded.........................................................................	74	..	102
on application of trustee for directions..........................................................................	113	..	117
on summary conviction.....................................................................................................	172	..	143
refusing discharge..............................................................................................................	139	..	128
restraining action, &c., before sequestration order......................................................	24	..	73
setting aside pay, salary, &c., under section 101.........................................................	101	..	112
suspending discharge........................................................................................................	140	..	128
to transfer proceedings......................................................................................................	189	..	154
to trustee to pay withheld dividend.................................................................................

120	..	121
transferring receivership...................................................................................................	188	..	154
under section 78 for re-direction of letters....................................................................	181	..	147
See also Discharge, Warrant.................................................................................................
Pay, order setting aside under section 101..............................................................................	101	..	112
Petition, adjournment of.............................................................................................................	21	..	72
affidavit of justification..................................................................................................	20	..	71
affidavit of service of......................................................................................................	13	..	69
affidavit of truth of statements in..................................................................................	10	..	68
affidavit of truth of statements in joint........................................................................	11	..	68
bond on stay of proceedings, &c..................................................................................	18	..	70
creditor’s...........................................................................................................................	9	..	67
creditor’s, for administration of estate of deceased debtor	176	..	145
debtor’s..............................................................................................................................	3	..	64
dismissal of.......................................................................................................................	22	..	72
Petition, dismissal of, where sequestration order made on a subsequent petition
	23	..	73
legal representatives’, for administration under section 156	177	..	146
notice by debtor of intention to oppose.......................................................................	16	..	70
notice of sureties..............................................................................................................	19	..	71
order for administration of deceased debtor’s estate................................................	178	..	146
order for substituted service of.....................................................................................	15	..	69
order to stay proceedings on..........................................................................................	17	..	70
register...............................................................................................................................	184	..	148
sequestration order on creditor’s..................................................................................	26	..	74
sequestration order on debtor’s.....................................................................................	25	..	73
substituted service of......................................................................................................	14	..	69
Postmaster-General, order to under section 78.......................................................................	181	..	147
Proceedings, notice of transfer of.............................................................................................	190	..	154
order transferring......................................................................................................	189	..	154
Profit and loss account................................................................................................................	125	..	124
Proof of debt, certified list..........................................................................................................	115	..	119
general form............................................................................................................	57	..	95
notice of rejection of..............................................................................................	60	..	97
of workman.............................................................................................................	59	..	97
See also Debt.
Property, memorandum claiming, after notice under section 98 (4) notice of withdrawal of memorandum filed under section 98 (5)..............................................................................	191	..	155
	192	..	155
Proxy, general...............................................................................................................................	55	..	93
special..................................................................................................................................	56	..	94
Receivership, order transferring................................................................................................	188	..	154
Register of bankruptcy notices..................................................................................................	183	..	148
compositions, schemes of arrangement, and deeds of assignment.....................	20	..	180
deeds of arrangement (Part XII.)..............................................................................	8	..	184
petitions.........................................................................................................................	184	..	148

General Index to Forms.

Form.	Page.
Register of sequestration orders................................................................................................	185	..	148
taxations.........................................................................................................................	150	..	133
Release, notice to creditors of intention to apply for.............................................................	129	..	125
statement to accompany application for......................................................................	114	..	118
See Discharge...........................................................................................................................
Resolution. See Meeting.
Returns, forms of.........................................................................................................................	193	..	155
Salary, order setting aside under section 101..........................................................................	101	..	112
Scheme of Arrangement, affidavit in support of application for enforcement of provisions of......................................................................................	87	..	108
application for enforcement of provisions of........................	86	..	107
application to approve...............................................................	80	..	105
application to consider, Part XI..............................................	13	..	176
certificate of acceptance and approval...................................	89	..	108
Chairman’s certificates (Part XI.)..........................................	5–7	..	173
notice by debtor of application to approve...........................	84	..	106
notice to creditor of application to approve..........................	82	..	106
order approving..........................................................................	85	..	107
order for enforcement of..........................................................	88	..	108
proposal for.................................................................................	76	..	103
register.........................................................................................	20	..	180
report of Official Receiver on.................................................	77	..	103
resolution accepting..................................................................	79	..	104
summary case, application to approve...................................	81	..	105
summary case, notice to creditors of application  to approve...........................................................................	83	..	106
See also Compositions, Deed of Assignment.
Separate property, notice of application to set aside, of bankrupt married woman.........	100	..	112
Sequestration, application to annul under section 124..........................................................	131	..	126
notice to official receiver and trustee of application for annulment on payment of debt in full....................................................................................	132	..	126
notice to District Registrars, &c..........................................................................	185A	..	149
order, notice of for local paper............................................................................	27	..	74
order, notice of in summary cases for local paper...........................................	28	..	74
order on creditor’s petition...................................................................................	26	..	74
order on debtor’s petition.....................................................................................	25	..	73
order restraining action before.............................................................................	24	..	73
order under section 124 annulling.......................................................................	133	..	126
register.....................................................................................................................	185	..	148
register of notices of sequestration orders and orders of discharge and annulment..........................................................................................................	185B	..	149
Shorthand writer, appointment of.............................................................................................	65	..	99
declaration by.....................................................................................................	66	..	99
Registrar’s certificate as to notes...................................................................	67, 68	..	100
Special Manager, affidavit by....................................................................................................	128	..	125
Statement of account (Part XI.).................................................................................................	19	..	179
Statement of affairs......................................................................................................................	29	..	75
Stay of proceedings (Part XI.), affidavit in support of..........................................................	3	..	172
order for.........................................................................................	4	..	172
Subpoena.......................................................................................................................................	155	..	137
Duces Tecum............................................................................................................................	156	..	137
See also Summons..................................................................................................................
Summary administration, application for under section 154...............................................	30	..	83
order for..................................................................................................	31	..	83
Summons under section 80........................................................................................................	157	..	138
Taxation, request to deliver bill for..........................................................................................	147	..	131
Taxing Officer, register to be kept by......................................................................................	150	..	133
return by.................................................................................................................	151	..	134
Title, general.................................................................................................................................	1	..	64
general (Part XI.)..................................................................................................................	1	..	171
general (Part XII.).................................................................................................................	1	..	181
Trading account............................................................................................................................	124	..	123

General Index to Forms.

Form.	Page.
Trustee, affidavit in support of application for committal....................................................	159	..	138
affidavit in support of registration as.........................................................................	90	..	109
affidavit of non-compliance with order under section 25 (3)	168	..	142
affidavit of, under section 99 (6).................................................................................	160	..	139
affidavit verifying account...........................................................................................	123	..	123
affidavit verifying trading account.............................................................................	126	..	124
application by, for committal of bankrupt or other person	158	..	138
application to Court, for directions by.......................................................................	112	..	117
application to the Court for release.............................................................................	130	..	125
authority to pay dividend to another person..............................................................	121	..	121
bond of.............................................................................................................................	91	..	109
certificate of appointment as, of an estate.................................................................	93	..	110
certificate of registration to act as...............................................................................	92	..	110
minutes of meeting for receiving resignation...........................................................	52	..	91
notice for Commonwealth, Gazette., of transfer of separate estate by, to joint estate.............................................................................................................................	180	..	147
notice to creditors of intention to apply for release.................................................	129	..	125
notice of meeting to appoint new................................................................................	51	..	91
notice to creditors of meeting to remove...................................................................	50	..	91
notice to, under section 153.........................................................................................	95	..	110
notice to Court by creditors of objection to...............................................................	94	..	110
notice to trustee by landlord, &c., to bring matter of disclaimer before Court...	111	..	116
order on application by, for directions.......................................................................	113	..	117
profit and loss account..................................................................................................	125	..	124
proof of debt in prior bankruptcy................................................................................	58	..	96
report to Registrar, of non-appointment of................................................................	96	..	111
trading account...............................................................................................................	124	..	123
Voting letter (Composition or Scheme of Arrangement).....................................................	77	..	103
Wages, proof of workmen’s.......................................................................................................	59	..	97
Warrant, against debtor about to quit Australia......................................................................	154	..	136
attachment..........................................................................................................................	151A	..	134
committal for contempt....................................................................................................	169	..	142
commitment on summary conviction............................................................................	173	..	144
search...................................................................................................................................	152	..	135
seizure..................................................................................................................................	153	..	136
to apprehend person summoned under sections 76, 77, or 80...................................	170	..	142
to seize personal estate of debtor, Part XI....................................................................	8	..	174
See also Order.

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Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

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