STATUTORY RULES.
1956. No. 61.
RULES UNDER THE BANKRUPTCY ACT 1924-1955.*
I, THE
ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with
the advice of the Federal Executive Council, hereby make the following Rules
under the Bankruptcy Act 1924-1955.
Dated this fifteenth day of August,
1956.
J. Northcott
Administrator.
By His Excellency’s Command,
(SGD) NEIL O’SULLIVAN
Attorney-General.
Amendments of
the Bankruptcy Rules.
Second Schedule
1. The
Second Schedule to the Bankruptcy Rules is amended—
(a) by
omitting items 19, 20, 21 and 22 and inserting in their stead the following
items:—
“19 | Drawing a
necessary document, or part of a document, (other than a document included in
item 20), per folio.................................................
| 0 | 3 | 0 |
“20 | Drawing a
statement of affairs under a sequestration order or order for administration
or a schedule to a deed or composition or scheme under Part XI. or Part XII.
of the Act.
| 1 | 1 | 0 |
“21 | Engrossing a
necessary document, part of a document or summary of a document, per folio.........................................................................
| 0 | 1 | 3 |
“22 | Carbon or
machine-made copies, or any copies that could have been but were not made
when the original was made, per folio.........................
| 0 | 0 | 8”; |
(b)by
omitting items 25 and 26 and inserting in their stead the following items:—
“25 | Of depositions, reports, exhibits,
accounts or other documents, per folio.......................................
| 0 | 1 | 0 |
“26 | Of a bill of costs with a view to
opposing it on taxation, per folio......................................................
| 0 | 1 | 0”; |
* Notified in the Commonwealth Gazette on , 1956.
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, Nos. 131; and 1955, No. 17.
3687/56.—Price
3d. 9/18.7.1956.
(c)
by omitting items 31, 32, 33, 34, 35, 36 and 37 and inserting in their stead
the following items:—
“31 | On counsel— |
(a)With
brief or other papers or to appoint consultation on conference or to mark
refresher..........................................
| 0 | 10 | 0 |
(b)On
consultation or conference with counsel up to half an hour............
| 1 | 10 | 0 |
(c) On consultation
or conference with counsel from half an hour to one hour.....
| 2 | 2 | 0 |
(d)On
consultation or conference with counsel over one hour—
|
For
the first hour...................................
| 2 | 2 | 0 |
For
each hour or part of an hour after the first hour...................................
| 1 | 10 | 0 |
“32 | In Chambers, when counsel not employed— |
For the first
hour or part of hour.......................
| 2 | 2 | 0 |
For each hour
or part of an hour after the first hour................................................................
| 1 | 10 | 0 |
“33 | In Chambers,
when counsel employed, for each hour or part of an hour..........................................
| 1 | 10 | 0 |
“34 | In Court, when counsel
employed— |
For
the first hour or part of hour.......................
| 2 | 2 | 0 |
For
each hour or part of an hour after the first hour................................................................
| 1 | 10 | 0 |
But
not to exceed, per day..................................
| 10 | 10 | 0 |
(If
principal does not give substantial attendance, the allowance shall not exceed
one half of the allowances specified)
|
“35 | In Court, when counsel not
employed— |
Not to exceed, for the
first hour or part of hour
| 3 | 13 | 6 |
For each hour or part of
an hour after the first hour.........................................................................
| 2 | 12 | 6 |
But not to exceed, per day..................................
| 15 | 15 | 0 |
“36 | To hear
reserved judgment, not to exceed, if counsel employed................................................
| 1 | 10 | 0 |
or,if
principal does not give substantial attendance.......................................................
| 0 | 15 | 0 |
or, if counsel not
employed, not to exceed.....
| 2 | 0 | 0 |
“37 | On
taxation of costs, for each hour or part of an hour........................................................................
| 1 | 11 | 6”; |
and
(d) by
omitting item 41 and inserting in its stead the following item:—
“41 | To swear an affidavit................................................. | 0 | 10 | 0”. |
Application of amendments.
2. The amendments effected by the last
preceding rule apply to, and in relation to, all acts and work done and
services performed in, or for the purposes of, any proceedings under the Act
after the commencement of these Rules, whether the proceedings were commenced
before, or are commenced after, the commencement of these Rules.
By
Authority: A. J. Arthur, Commonwealth
Government Printer, Canberra.