STATUTORY RULES.
1960. No. 72
____________
RULES UNDER THE BANKRUPTCY ACT 1924-1959.
1I, 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 1924-1959.
Dated this 30th day of August, 1960.
DUNROSSIL
Governor-General.
By His Excellency’s Command,
(sgd.) G. E. BARWICK
Attorney-General.
____________
AMENDMENTS OF THE BANKRUPTCY RULES.
2Preparation of orders.
1.
Rule 40 of the Bankruptcy Rules is amended—
(a) by
omitting from sub-rule (1.) the word “completed” and inserting in its stead the
word “filed”; and
(b) by
omitting from that sub-rule the word “complete” (wherever occurring) and
inserting in its stead the word “file”.
2.
Rule 42 of the Bankruptcy Rules is repealed and the following rule inserted in
its stead:—
Signature of orders.
“42. Each order of the Court and a warrant issued in
pursuance of an order of the Court shall be signed by the Registrar and sealed
with the seal of the Court unless the Court otherwise orders or the Act or
these Rules otherwise provide.”.
3.
After Rule 100 of the Bankruptcy Rules the following rules is inserted:—
Warrant of committal.
“100A. Where an order is made committing a
person to prison for contempt of Court, the warrant of committal shall be in
accordance with Form 169.”.
Deposit by petitioning creditor.
4.—(1.)
Rule 153 of the Bankruptcy Rules is amended by omitting from sub-rule (1.) the
words “Five pounds” and inserting in their stead the words “Ten pounds”.
(2.) This rule shall come into operation on the
twelfth day of September, 1960.
Proof of service of trustee’s petition under deed of
arrangement.
5.
Rule 157 of the Bankruptcy Rules is repealed.
6.Rule 160 of the
Bankruptcy Rules is repealed and the following rule inserted in its stead:—
Notice
where petition is under s. 52 (a) of Act.
“160. Where a petition is presented by a creditor
alleging that a debtor has committed the act of bankruptcy referred to in
paragraph (a) of section 52 of the Act, by making a conveyance or
assignment of his property to a trustee for the benefit of his creditors
generally, the petitioning creditor shall, within eight days after the filing
of the petition, serve a sealed copy of the petition on the trustee under the
conveyance or assignment.”.
7.
Rule 163 of the Bankruptcy Rules is repealed and the following rule inserted in
its stead:—
Personal
service.
“163. A creditor’s petition shall be personally served
by delivering to the debtor a sealed copy of the filed petition together with a
copy of each affidavit verifying the petition.”.
8.
Rule 166 of the Bankruptcy Rules is repealed and the following rule inserted in
its stead:—
Proof of service.
“166. Service of the petition shall be proved by
affidavit to which shall be annexed a sealed copy of the petition and a copy of
each affidavit served with the petition.”.
Form
and contents.
9.
Rule 187 of the Bankruptcy Rules is amended by omitting sub-rules (3.) and (4.)
and inserting in their stead the following sub-rule:—
“(3.) Where the sequestration order is made on a
creditor’s petition, the petitioning creditor shall cause the order to be drawn
up and filed within seven days of the making thereof or within such further
time as the Court directs.”.
Description
of Court on seal.
10.
Rule 473 of the Bankruptcy Rules is repealed.
Names
of Bankruptcy Districts.
11.
Rule 481 of the Bankruptcy Rules is repealed.
First
Schedule.
12.
The First Schedule to the Bankruptcy Rules is amended—
(a) by
omitting from Form 5 the words “or proceeding” (wherever occurring) and inserting
in their stead the words “(or proceeding)”;
(b) by
omitting from Form 25 the words “of this Court” and inserting in their stead
the words “in this District”;
(c) by
omitting from Form 25 the words “constituted receiver” and inserting in their
stead the words “constituted official receiver”;
(d) by
omitting from Form 25 the words—
“Note.—The above-named debtor is required immediately
after the making of this order to attend the Official Receiver or his
representative at
The Official Receiver’s offices are open from 10 a.m.
to 1 p.m. and 2 p.m. to 4 p.m. daily except on Saturdays, Sundays, and Court
Holidays.”;
(e) by
omitting from Form 26 the words “of this Court” and inserting in their stead
the words “in this District”;
(f) by
omitting from Form 26 the words—
“Note.—The above-named debtor is required, immediately
after the making of this order, to attend the Official Receiver or his
representative at
The Official Receiver’s offices are open from 10 a.m.
to 1 p.m. and 2 p.m. to 4 p.m. daily except on Saturdays, Sundays and Court
Holidays.”;
(g) by
omitting from Form 169 the words—
“To X.Y., officer of this Court, and to the Governor
or keeper of the [here insert the prison].”;
and inserting in their stead
the words—
“To [here insert name and designation of escort] and to the Governor or Keeper of the [here insert the name of the prison].”.
(h) by
omitting from Form 169 the words “By the Court,”;
(i) by
omitting from Form 178 the words “of this Court” and inserting in their stead
the words “in this District”; and
(j) by
omitting from Form 179 the words “of this Court” and inserting in their stead
the words “in this District”.
Third
schedule.
13.—(1)
The Third Schedule to the Bankruptcy Rules is repealed and the following
Schedule inserted in its stead:—
THIRD SCHEDULE.
TABLE A. Rule
66.
SCALE OF OFFICIAL
FEES AND PERCENTAGES TO BE TAKEN IN THE REGISTRIES.
Item No. | Nature of
Proceeding. | Amount. |
£ | s. | d. |
1 | On a petition........................................................................................ | 5 | 0 | 0 |
2 | On a deed of assignment under Part XI. of
the Act or on a chairman’s certificate tinder section 161 (c).........................................................
| 5 | 0 | 0 |
3 | On a deed under Part XII. of the Act......................................................
| 5 | 0 | 0 |
4 | On a declaration by a debtor of inability
to pay his debts And, in addition, the cost of
advertisement in the Gazette.......................
| 1 | 0 | 0 |
5 | On a notice of intention to oppose a
petition or application.....................
| 1 | 0 | 0 |
6 | On an order adjourning a petition..........................................................
| 1 | 0 | 0 |
7 | On a voluntary application for discharge,
including the cost of gazetting and the fee on the order granting or refusing
the application.......................
| 4 | 0 | 0 |
And, for each creditor notified..............................................................
| 0 | 1 | 6 |
8 | On an application for search other than
by a petitioning creditor, the debtor, the bankrupt or the trustee, for each
name...........................................
| 0 | 2 | 6 |
9 | On an application to a Registrar
exercising powers and functions delegated to him by the Court and for which a
fee is not elsewhere prescribed in this scale.................................................................................................
| 1 | 0 | 0 |
10 | On the issue of an order made by the
Registrar in pursuance of powers and functions delegated to him by the Court,
including the issue of copies of the order................................................................................................
| 0 | 10 | 0 |
11 | On an application (other than a petition
or an application for discharge)—
|
(a) for hearing before a Judge in Court...............................................
| 4 | 0 | 0 |
(b)for hearing before a Judge in
Chambers........................................
| 1 | 0 | 0 |
12 | On an order (other than an order
adjourning a petition or granting or refusing an application for discharge)—
|
(a) made by a Judge in Court.............................................................
| 2 | 0 | 0 |
(b) made by a Judge in Chambers......................................................
| 1 | 0 | 0 |
13 | On a bill of costs or charges.................................................................. | 1 | 0 | 0 |
THIRD SCHEDULE—continued.
Item No. | Nature of
Proceeding. | Amount. |
£ | s. | d. |
14 | On every estate sequestrated
and on every estate in respect of which a composition or scheme of
arrangement or deed of assignment has been entered into under Part XI. of the
Act or in respect of which a deed of arrangement has been entered into under
Part XII. of the Act, a percentage on— (a) in the case of a composition or scheme of
arrangement to which section 161A of the Act applies—the amount
received by the trustee or distributed by the debtor to the creditors; or (b) in any other case—the amount realized or
brought to credit in the estate of thetrustee after deduction of sums
paid to secured creditors in respect of their securities and sums spent in
carrying on the business of the bankrupt or debtor,
at the following rates:—
|
On the first £10,000 or part
of £10,000..............................................
| 1 | 5 | 0 |
per centum |
On the next £10,000 or part
of £10,000..............................................
| 1 | 0 | 0 |
per
centum |
On all further sums..........................................................................
| 0 | 10 | 0 |
per
centum |
15 | On an application to a
Registrar for a summons or subpœna....................
| 0 | 10 | 0 |
16 | On the issue by the Registrar
of a summons or subpœna, for each person required to attend..............................................................................
| 0 | 5 | 0 |
17 | On an allocatur or
certificate by a Taxing Officer...................................
| 0 | 10 | 0 |
And a percentage charge on
the amount allowed by the allocatur or certificate (excluding the fee on the
allocatur or certificate and the percentage charge) at the rate in the £ of.............................................
| 0 | 0 | 9 |
18 | For signing and sealing or
signing or sealing a document, not being a copy of a bankruptcy notice,
petition, order, subpœna or summons issued at the time the original is
signed, in respect of which a fee is not elsewhere prescribed in this scale.......................................................................
| 0 | 5 | 0 |
19 | On a bond by or in respect of
a trustee...................................................
| 1 | 0 | 0 |
20 | On an affidavit, other than a
proof of debt, affidavit verifying trustees’ accounts or affidavit sworn by a
bankrupt in accordance with Form 72 in the First Schedule to these Rules....................................................
| 0 | 3 | 0 |
21 | For taking and transcribing
notes of evidence taken at examinations held under the Act, including one
copy for either the Official Receiver or trustee, per folio of 72 words..............................................................
| 0 | 0 | 9 |
22 | For the supply of transcript
of proceedings in Court or the transcript of evidence taken at examinations
held under the Act, unless a re-type of the transcript is necessary—
|
(a) for
the first copy supplied, per folio of 72 words...........................
| 0 | 0 | 9 |
(b)for
the second copy supplied to the same party, per folio of 72 words..............................................................................................
| 0 | 0 | 9 |
(c) for
each additional copy supplied to the same party, per folio of 72 words.....................................................................................
| 0 | 0 | 3 |
23 | For the supply of transcript
of proceedings in Court or the transcript of evidence taken at examinations
held under the Act when a re-type of the transcript is necessary, per folio
of 72 words, per copy........................
| 0 | 1 | 3 |
24 | For a photographic copy of a
document or record, per sheet.....................
| 0 | 2 | 6 |
25 | For an office copy, sealed
copy or certified copy, per folio of 72 words....
| 0 | 1 | 4 |
26 | For examining a copy supplied
by a party and for marking it as an office copy, sealed copy or certified
copy, per folio of 72 words....................
| 0 | 0 | 9 |
27 | On a certificate issued by a
Registrar relating to a matter under the Act, other than a certificate or
allocatur for costs........................................
| 1 | 0 | 0 |
28 | On an application to a
Registrar to fix a fresh date for the hearing of a petition which has not
been served, including the signing and sealing of necessary alterations..........................................................................
| 0 | 10 | 0 |
THIRD SCHEDULE—continued.
Item No. | Nature of
Proceeding. | Amount. |
£ | s. | d. |
29 | On an
application to extend the time for service of a bankruptcy notice, including
the signing and sealing of the order extending
| 1 | 0 | 0 |
30 | On
issuing a bankruptcy notice, including copies for service | 2 | 10 | 0 |
TABLE B. Rule
66.
SCALE OF FEES
AND PERCENTAGES TO BE TAKEN BY OFFICIAL RECEIVERS.
Item No. | Basis of
Fee or Percentage. | Amount. |
£ | s. | d. |
1 | For the Official Receiver’s officer
executing attachment order and making inventory, per hour or part of hour..........................................
| 1 | 0 | 0 |
2 | For a room for a meeting or adjourned
meeting of creditors convened by the Official Receiver as Interim Receiver,
as Official Receiver or as trustee..............................................................................................
| 2 | 0 | 0 |
3 | For official stationery,
printing, books, postage, telegrams and local telephone calls—
|
(a)for every 20 creditors, or part of
20, in each estate...........................
| 3 | 0 | 0 |
(b)for every 20 debtors, or part of
20, in each estate.............................
| 2 | 0 | 0 |
4 | For notices to creditors of Court
sittings, of meetings of creditors and of dividends payable, each notice...........................................................
| 0 | 2 | 0 |
5 | On the
amount realized or brought to credit by an Official Receiver, whether acting
as an Interim Receiver, as Official Receiver or as trustee, after deducting
sums paid to secured creditors in respect of their securities and sums spent
in carrying on the business of the debtor or bankrupt, a fee in accordance
with the following scale:—
|
(a) where the amount realized or
brought to credit does not exceed £400
| 30 | 0 | 0 |
(b)where that amount
exceeds £400 but does not exceed £500..............
| 35 | 0 | 0 |
(c) where that amount exceeds £500
but does not exceed £10,000.........
| 35 | 0 | 0 |
And for each £100, or fraction of £100, in excess of
£500...........
| 7 | 10 | 0 |
(d) where that amount exceeds £10,000 but
does not exceed £20,000.....
| 747 | 10 | 0 |
And for each £100, or fraction of £100, in excess of
£10,000......
| 3 | 10 | 0 |
(e) where that amount exceeds
£20,000................................................
| 1,097 | 10 | 0 |
And for each £100, or fraction of £100, in excess of
£20,000......
| 1 | 0 | 0 |
(2.) This
rule shall come into operation on the twelfth day of September, 1960.
_________________
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
1 Notified in the Commonwealth Gazette on 30th August, 1960.
2 Statutory Rules 1934, No. 77, as amended by Statutory Rules 1935,
Nos. 34 and 122; 1936, No. 101; 1937, No. 111; 1939, No. 41; 1940, No. 212;
1941, Nos. 12 and 55; 1942, No. 6; 1949, No. 100; 1953, Nos. 71, 79 and 101;
1954, No. 131; 1955, No. 17; 1956, No. 61; and 1957, No. 47; and 1958, Nos. 64
and 73.
7348/59.—PRICE
5D. 10/19.8.1960.