Bankruptcy Rules (Amendment) (Cth)

STATUTORY RULES.

1954. No. 131.

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RULES UNDER THE BANKRUPTCY ACT 1924‑1954.

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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 1924‑1954.

Dated this fifteenth day of December, 1954.

W. J. Slim

Governor‑General.

By His Excellency’s Command,

J. A. Spicer.

Attorney‑General.

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Amendments of the Bankruptcy Rules.

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Parts.

1. Rule 3 of the Bankruptcy Rules is amended—

(a) by omitting the words—

“Part II.—Court Procedure.”

and inserting in their stead the words—

“Part II.—Court Procedure and Procedure before the Registrar.”; and

(b) by omitting the words—

“Division 1.—Court and Chambers, rr. 7‑11.”

and inserting in their stead the words—

“Division 1.—General, rr. 7‑11.”.

Interpretation.

2. Rule 4 of the Bankruptcy Rules is amended by omitting from the definition of “Taxing Officer” in sub‑rule (1.) the words “the officer of the Court” and inserting in their stead the words “an officer”.

Heading to Part II.

3. The heading to Part II. of the Bankruptcy Rules is amended by omitting the words “Court Procedure”and inserting in their stead the words “Court Procedure and Procedure before the Registrar”.

 

Heading to Division 1 of Part II.

4. The heading to Division 1 of Part II. of the Bankruptcy Rules is amended by omitting the words “Court and Chambers” and inserting in their stead the word “General”.

Proceedings, how instituted.

5. Rule 12 of the Bankruptcy Rules is amended—

(a) by inserting in sub‑rule (1.), after the word “Court” (first occurring), the words “or the Registrar”; and

(b) by inserting in sub‑rule (4.), after the word “Court”, the words “or before the Registrar”.

Records of proceedings.

6. Rule 13 of the Bankruptcy Rules is amended—

(a) by omitting the words “of the Court” (first occurring) and inserting in their stead the words “under the Act”; and

(b) by inserting after the word “Court” (third occurring) the words “or the Registrar”.

Sealing of process.

7.

 Rule 15 of the Bankruptcy Rules is amended by omitting the words “summonses, petitions,” and inserting in their stead the words “petitions presented to the Court and all summonses,”.

8.

 Rule 22 of the Bankruptcy Rules is repealed and the following rule inserted in its stead:—

Transmission of records.

“22.—(1.) Where the proceedings in any matter are transferred from a Court to another Court—

(a) the records of the transferred proceedings shall be transmitted to the Court to which the proceedings are transferred; and

(b) notice of the transfer shall be given to the appropriate Official Receiver and to the Inspector‑General.

“(2.) Where the proceedings in any matter are transferred from a place in a District to a place in another District—

(a) the records of the transferred proceedings shall be transmitted to the Registrar of the last‑mentioned District; and

(b) notice of the transfer shall be given to the Official Receiver of that District and to the Inspector‑General.”.

9. Rule 59 of the Bankruptcy Rules is repealed and the following rule inserted in its stead:—

Erasures, &c.

“59. An affidavit having in the jurat or body of the affidavit an interlineation, alteration or erasure shall not—

(a) without leave of the Court, be read or made use of in a matter before the Court; or

(b) without leave of the Registrar, be read or made use of in a matter before the Registrar,

unless—

(c) in the case of an interlineation or alteration, the interlineation or alteration is authenticated by the initials of the person before whom the affidavit is sworn; or

(d) in the case of an erasure, the words or figures appearing at the time the affidavit is sworn to be written over or upon the erasure are re‑written in the margin of the affidavit and authenticated by the signature or initials of the person before whom the affidavit is sworn.”.

Blind or illiterate persons.

10. Rule 60 of the Bankruptcy Rules is amended by inserting in sub‑rule (2.), after the word “Court”, the words “or the Registrar, as the case may be,”.

Formal defects.

11. Rule 61 of the Bankruptcy Rules is amended by inserting after the word “Court” the words “or the Registrar”.

Use of office copies, &c.

12. Rule 62 of the Bankruptcy Rules is amended—

(a) by inserting in sub‑rule (1.), after the word “used” (first occurring), the words “before the Court or the Registrar”; and

(b) by inserting in sub‑rule (1.), after the word “officer,”, the words “or with the Registrar, as the case may be,”.

Proof of affidavit.

13. Rule 65 of the Bankruptcy Rules is amended by inserting after the word “notice” the words “, and the Registrar shall take official notice,”.

Fees and percentages.

14. Rule 66 of the Bankruptcy Rules is amended by omitting from sub‑rule (4.) the words “of the Court who” and inserting in their stead the words “who, in pursuance of the Act or of these Rules,”.

Postponement of fees in cases of hardship.

15. Rule 67 of the Bankruptcy Rules is amended by inserting after the word “Court” (wherever occurring) the words “or the Registrar”.

Method of application.

16. Rule 68 of the Bankruptcy Rules is amended—

(a) by inserting in sub‑rule (1.), after the word “Court” (wherever occurring), the words “or the Registrar”;

(b) by omitting from sub‑rule (3.) the words “Court’s order” and inserting in their stead the words “order of the Court or the Registrar”; and

(c) by inserting in sub‑rule (3.), after the word “Court”, the words “or the Registrar”.

Application of certain rules to orders under section 80.

17. After rule 71 of the Bankruptcy Rules the following rule is inserted:—

“71a. The provisions of the last two preceding rules apply to and in relation to an order made by the Court or the Registrar under sub‑section (1.) of section 80 of the Act.

Payment of shorthand writer, &c.

18. Rule 74 of the Bankruptcy Rules is amended by inserting after the word “Court” the words “or the Registrar”.

Applications for discovery.

19. Rule 81 of the Bankruptcy Rules is amended by inserting in sub‑rule (1.), after the word “Court”, the words “or the Registrar”.

Execution of warrant.

20. Rule 99 of the Bankruptcy Rules is amended by inserting after the word “Court” (wherever occurring) the word “, Registrar”.

Suspension of issue of committal order.

21. Rule 102 of the Bankruptcy Rules is amended by omitting the words “or of the Official Receiver” and inserting in their stead the words “the Registrar or the Official Receiver”.

Charges for drawing and perusing documents.

22. Rule 120c of the Bankruptcy Rules is amended by omitting sub‑rule (6.) and inserting in its stead the following sub‑rule:—

“(6.) The allowance for instructions and drawing an affidavit or any other document includes all attendances to settle and read over the affidavit or document.”.

 

Deposit by petitioning debtor.

23. Rule 154 of the Bankruptcy Rules is amended by inserting after the word “Court” the words “or the Registrar”.

24. Rule 183 of the Bankruptcy Rules is repealed and the following rule inserted in its stead:—

Deposit.

“183. Before such an order is issued, the person who made the application for the order shall deposit with the Official Receiver such sum as the Court directs towards the Official Receiver’s fees and the expenses which he may incur.”.

Time for holding public examinations.

25. Rule 195 of the Bankruptcy Rules is amended—

(a) by inserting after the word “Court” (first and second occurring) the words “or the Registrar”; and

(b) by inserting after the word “Court” (third occurring) the words “or before the Registrar”.

Adjournments sine die.

26. Rule 198 of the Bankruptcy Rules is amended by inserting after the word “Court” (wherever occurring) the words “or the Registrar”.

Notice of proceeding after adjournment sine die.

27. Rule 200 of the Bankruptcy Rules is amended by inserting after the word “Court” the words “or the Registrar”.

Public examination of bankrupt who is a lunatic, &c.

28. Rule 201 of the Bankruptcy Rules is amended—

(a) by inserting in sub‑rule (1.), after the word “Court” (second occurring), the words “or the Registrar”; and

(b) by inserting in sub‑rule (2.), after the word “Court”, the words “or the Registrar”.

Application for approval of Court.

29. Rule 204 of the Bankruptcy Rules is amended by omitting from sub‑rule (1.) the word “Court” and inserting in its stead the word “Registrar”.

Opposed applications.

30. Rule 271 of the Bankruptcy Rules is repealed.

Procedure where application not opposed.

31. Rule 275 of the Bankruptcy Rules is amended by omitting from sub‑rule (2.) the words “Where an application by a bankrupt for an order of discharge is not deemed to be opposed under Rule 271, the” and inserting in their stead the word “The”.

Time from which order of discharge takes effect, &c.

32. Rule 283 of the Bankruptcy Rules is amended by omitting sub‑rule (4.).

33.  Rules 379 and 380 of the Bankruptcy Rules are repealed and the following rules inserted in their stead:—

Books to be kept by Registrar.

“379. Each Registrar shall keep such books and records as the Inspector‑General directs.

Extracts and returns.

“380. Each Registrar shall make and transmit to the Inspector‑General such extracts from the books required to be kept by him, and such information, as the Inspector‑General from time to time requires.”.

Notice of registration.

34. Rule 382 of the Bankruptcy Rules is amended by omitting from sub‑rule (1.) the words “in the prescribed form” and inserting in their stead the words “in such form as the Inspector‑General requires”.

Register of trustees.

35. Rule 383 of the Bankruptcy Rules is amended by omitting; from sub‑rule (2.) the words “of the Court”.

Cancellation of registration of trustee.

36. Rule 384 of the Bankruptcy Rules is amended by omitting the words “of the Court”.

Duties of Deputy Registrars.

37. Rule 385 of the Bankruptcy Rules is repealed.

Removal &c., of Official Receiver.

38. Rule 389 of the Bankruptcy Rules is amended—

(a) by omitting from sub‑rule (1.) the words “of the Court”;

(b) by inserting in sub‑rule (2.), after the words “resigns”, the words “or retires”; and

(c) by inserting in sub‑rule (2.), after the word “appointed”, the words “by the Court”.

Officers of Court &c., may act for Official Receivers.

39. Rule 392 of the Bankruptcy Rules is amended—

(a) by omitting the words “any officer of the Court, and”;

(b) by inserting after the word “Court” (second occurring) the word “, Registrar”; and

(c) by adding at the end thereof the words “or the Registrar”.

Bankrupt to furnish statements annually.

40. Rule 408 of the Bankruptcy Rules is amended by adding at the end thereof the following sub‑rule:—

“(2.) The last preceding sub‑rule does not apply where the Official Receiver considers that the circumstances relating to a bankrupt are such that the furnishing of the statement would not serve any useful purpose.”.

Trading account of debtor.

41. Rule 409 of the Bankruptcy Rules is amended by inserting in sub‑rule (1.), after the word “Court” (wherever occurring), the words “or the Registrar”.

Form of security.

42. Rule 418 of the Bankruptcy Rules is amended by omitting the words “Court to” and inserting in their stead the words “District in”.

Bond to tenure for benefit of Registrar.

43. Rule 420 of the Bankruptcy Rules is amended by omitting the words “Court to” and inserting in their stead the words “District in”.

Deposit of cash or Treasury bonds.

44. Rule 426 of the Bankruptcy Rules is amended by omitting from paragraph (a) the words “Court to” and inserting in their stead the words “District in”.

Application for directions.

45. Rule 444 of the Bankruptcy Rules is amended by omitting sub‑rule (2.) and inserting in its stead the following sub‑rule:—

“(2.) Upon the filing of the application the Registrar shall appoint a day for its hearing.”.

Form 9.

46. Form 9 in the First Schedule to the Bankruptcy Rules is amended by omitting from the indorsement the words “of this Court”.

Form 12.

47. Form 12 in the First Schedule to the Bankruptcy Rules is amended by omitting all the words from and including the words “Order thereon.”.

Form 12a.

48. After Form 12 in the First Schedule to the Bankruptcy Rules the following form is inserted:—

No. 12a.

Commonwealth of Australia.

Bankruptcy Act 1924‑19 .

ORDER APPOINTING INTERIM RECEIVER.

In the Court of Bankruptcy.

District. No. of 19 .

Re A. B.

Ex parte C. D. a creditor.

In the matter of a bankruptcy petition filed the day of   19 .

Upon the application of and upon reading the affidavit of   of  in the  of and upon hearing  it is ordered that E. F., an Official Receiver, be constituted interim receiver of the property of the said A. B. situate at  (add directions, if any)and it is further ordered that the applicant deposit with the said Official Receiver the sum of £  towards the said Official Receiver’s fees and the expenses which he may incur.

Dated this day of , 19 .

By the Court,

Registrar.

Form 16.

49. Form 16 in the First Schedule to the Bankruptcy Rules is amended by omitting the words “of the said Court”.

Form 19.

50. Form 19 in the First Schedule to the Bankruptcy Rules is amended by omitting the words “of the Court”.

Form 27.

51. Form 27 in the First Schedule to the Bankruptcy Rules is amended by omitting the words “Date of Petition” and inserting in their stead the words “Date of Presentation of Petition”.

Form 35.

52. Form 35 in the First Schedule to the Bankruptcy Rules is amended by inserting after the word “Court” the words “[or the Registrar]”.

Form 36.

53. Form 36 in the First Schedule to the Bankruptcy Rules is amended—

(a) by omitting the words “of the Court”; and

(b) by inserting after the word “Court” the words “[or the Registrar]”.

Form 61.

54. Form 61 in the First Schedule to the Bankruptcy Rules is amended—

(a) by omitting the words “By the Court,” and inserting in their stead the words “[By the Court,]”; and

(b) by omitting the note at the end thereof.

Form 63.

55. Form 63 in the First Schedule to the Bankruptcy Rules is amended by inserting after the word “Court” the words “[or the Registrar]”.

Form 64.

56. Form 64 in the First Schedule to the Bankruptcy Rules is amended—

(a) by inserting after the word “Court” (first occurring) the words “[or the Registrar]”; and

(b) by omitting the words “By the Court,” and inserting in their stead the words “[By the Court,]”.

Form 65.

57. Form 65 in the First Schedule to the Bankruptcy Rules is amended by inserting after the word “Court” (wherever occurring) the words “[or the Registrar]”.

Form 68.

58. Form 68 in the First Schedule to the Bankruptcy Rules is amended—

(a) by inserting after the word “Court” the words “[or before the Registrar]”; and

(b) by omitting the word “Registrar.” and inserting in its stead the words—

“[By the Court,]

Registrar.”.

Form 69.

59. Form 69 in the First Schedule to the Bankruptcy Rules is amended—

(a) by inserting after the word “Court” (first occurring) the words “[or to the Registrar]”; and

(b) by omitting the words “By the Court,” and inserting in their stead the words “[By the Court,]”.

Form 70.

60. Form 70 in the First Schedule to the Bankruptcy Rules is amended—

(a) by omitting the words “that the debtor is suffering from physical disability which makes him unfit to attend a public examination in Court [or as the case may be]” and inserting in their stead the words “[or the Registrar] that the debtor is suffering from a physical disability [or as the case may be]which in the opinion of the Court [or the Registrar] makes him unfit [or unable] to attend a public examination”; and

(b) by omitting the words “By the Court,” and inserting in their stead the words “[By the Court,]”.

Form 71.

61. Form 71 in the First Schedule to the Bankruptcy Rules is amended—

(a) by inserting after the word “Court” the words “[or before the Registrar]”; and

(b) by omitting the word “Registrar.” and inserting in its stead the words—

“[By the Court,]

Registrar.”.

Form 73.

62. Form 73 in the First Schedule to the Bankruptcy Rules is repealed and the following form inserted in its stead:—

No. 73.

Commonwealth of Australia.

Bankruptcy Act 1924‑19 .

Order that Examination is Concluded.

(Title.)

Whereas the above‑named A.B. has duly attended before the Court [or the Registrar], and has been publicly examined as to his conduct, dealings and property:

And whereas the Court [or the Registrar] is of opinion that the affairs of the said A.B. have been sufficiently investigated, it is ordered that the examination of the said A.B. is concluded.

Dated this day of , 19 .

[By the Court,]

Registrar.

Form 80.

63. Form 80 in the First Schedule to the Bankruptcy Rules is amended—

(a) by omitting from the heading the words “Court [or Registrar in unopposed Cases]” and inserting in their stead the word “Registrar”;

(b) by omitting the words “Court [or Registrar as the case may be]” and inserting in their stead the word “Registrar”; and

(c) by omitting the form of order at the end thereof and inserting in its stead the following words:—

“I appoint the day of , 19 ,

at o’clock in the noon at the Court at  as the time and place for hearing the application for approval by the Court of the abovementioned (a) .

Dated this day of , 19  .

Registrar.”.

Repeal of Form 81.

64. Form 81 in the First Schedule to the Bankruptcy Rules is repealed.

Form 82.

65. Form 82 in the First Schedule to the Bankruptcy Rules is amended—

(a) by omitting from the heading the words “[or Registrar]”; and

(b) by omitting the words “[or Registrar]”.

Repeal of Form 83.

66. Form 83 in the First Schedule to the Bankruptcy Rules is repealed.

Form 84.

67. Form 84 in the First Schedule to the Bankruptcy Rules is amended—

(a) by omitting from the heading the words “[or Registrar]”; and

(b) by omitting the words “[or Registrar]”.

Form 91.

68. Form 91 in the First Schedule to the Bankruptcy Rules is amended by omitting the words “Court at” and inserting in their stead the words “District of”.

Form 91a.

69. Form 91a in the First Schedule to the Bankruptcy Rules is amended—

(a) by omitting the words “of the Court of Bankruptcy at” and inserting in their stead the words “of the District of”; and

(b) by omitting the word “Court” (second and third occurring) and inserting in its stead the word “District”.

Form 97.

70. Form 97 in the First Schedule to the Bankruptcy Rules is repealed.

Form 133.

71. Form 133 in the First Schedule to the Bankruptcy Rules is amended by omitting the words—

“To the Registrar of the Court.”

and inserting in their stead the words—

“To the Registrar of the District of .”.

Form 141.

72. Form 141 in the First Schedule to the Bankruptcy Rules is repealed.

Form 152.

73. Form 152 in the First Schedule to the Bankruptcy Rules is amended by omitting the word “Registrar.” and inserting in its stead the words—

“By the Court,

Registrar.”.

Form 153.

74. Form 153 in the First Schedule to the Bankruptcy Rules is amended by omitting the word “Registrar.” and inserting in its stead the words—

“By the Court,

Registrar.”.

Form 156a.

75. Form 156a in the First Schedule to the Bankruptcy Rules is amended by omitting the word “Registrar.” and inserting in its stead the words—

“By the Court,

Registrar.”.

Form 156b.

76. Form 156b in the First Schedule to the Bankruptcy Rules is amended by omitting the word “Registrar,” and inserting in its stead the words—

“By the Court,

Registrar.”.

Form 157.

77. Form 157 in the First Schedule to the Bankruptcy Rules is amended—

(a) by omitting the words “at the Court of holden at ” and inserting in their stead the words “before the Court of holden at [or as the case may be]”;

(b) by omitting the words “[or Magistrate]” (wherever occurring) and inserting in their stead the words “[or Registrar or Magistrate]”;

(c) by inserting after the word “Court” (last occurring) the words “[or Registrar or Magistrate]”; and

(d) by omitting the word “Registrar.” and inserting in its stead the words—

“[By the Court,]

Registrar.”.

Form 171.

78. Form 171 in the First Schedule to the Bankruptcy Rules is amended—

(a) by omitting from the heading the word “Court” and inserting in its stead the words “Court or Registrar”;

(b) by inserting after the word “Court” (first, third, fourth and fifth occurring) the words “[or Registrar]”;

(c) by inserting after the words “this Court” the words “[or the Registrar]”; and

(d) by omitting the words “By the Court,” and inserting in their stead the words “[By the Court,]”.

Form 176.

79. Form 176 in the First Schedule to the Bankruptcy Rules is amended by omitting from the indorsement the words “of this Court”.

Repeal of certain forms.

80. Forms 183, 184, 185a, 185b and 186 in the First Schedule to the Bankruptcy Rules are repealed.

Third Schedule.

81. Table A in the Third Schedule to the Bankruptcy Rules is amended—

(a) by inserting in item 9, after the word “Court”, the words “or to a Registrar under sub‑section (1.) of section 80 of the Act”; and

(b) by omitting from item 29 the figures “1 10 0” and inserting in their stead the figures “1 0 0”.

Form 12—Fourth Schedule.

82. Form 12 in the Fourth Schedule to the Bankruptcy Rules is amended by omitting the word “Registrar.” and inserting in its stead the words—

“By the Court,

Registrar.”.

Form 18—Fourth Schedule.

83. Form 18 in the Fourth Schedule to the Bankruptcy Rules is repealed.

Form 8—Fifth Schedule.

84. Form 8 in the Fifth Schedule to the Bankruptcy Rules is repealed.

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Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.

1

Notified in Commonwealth Gazette on  , 1954.

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; and 1953, Nos. 71, 79 and 101.

4951.—Price 8d. 9/2.12.1954.