Bankruptcy Rules (Amendment) (Cth)

Statutory Rules 1996

No. 252 1

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Bankruptcy Rules 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Rules under the Bankruptcy Act 1966.

Dated 19 November 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General and Minister for Justice

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1.   Commencement

1.1   These Rules commence on 1 December 1996.

2.   Amendment

2.1   The Bankruptcy Rules are amended as set out in these Rules.

3.   Application

3.1   The amendments of the Bankruptcy Rules made by rule 4 and subrules 5.2 and 5.3 apply to a petition presented or an application made on or after 1 September 1996.

4.   Rule 179 (Fees and percentages)

4.1   Subrules 179 (1AAA) and (1AA):

Omit the subrules.

5.   Schedule 4 (Fees to be taken in the office of the Registrar)

5.1   Omit the heading to Schedule 4, substitute:

 “SCHEDULE4 Rule 179

Interpretation

 “1. In this Schedule:

‘corporation’ has the same meaning as in the Corporations Law.

“FEES TO BE TAKEN IN THE OFFICE OF THE REGISTRAR”.

5.2   Item 1:

Omit the item, substitute:

“1

For the presentation of a petition under section 43 or 244 of the Act: (a) by a corporation (b) by another person

1,200.00  500.00”

5.3   Item 9:

Omit the item, substitute:

“9	For an application by a person (other than a corporation) to the Court for which no other fee is prescribed, except an application: (a) by an officer of the Court for the committal of a person for contempt of the Court; or (b) by a person committed for contempt of court to be released from custody; or (c) for substituted service of a document	500.00
“10	For an application by a corporation to the Court for which no other fee is prescribed, except an application for substituted service of a document	1,200.00”

[Note: Note 1 to Schedule 4 should be omitted.]

6.   Transitional provision

6.1   This rule applies to a person who paid a fee mentioned in item 1 or 9 in Schedule 4 to the Old Rules before 1 December 1996.

6.2   The person may apply, in writing, to a Registrar of the Court for payment of the difference between the fee paid and the fee payable under item 1, 9 or 10 (as the case requires) immediately after the commencement of these Rules.

6.3   As soon as practicable after receiving an application, the Registrar must make the payment.

6.4   In this rule:

“Old Rules” means the Bankruptcy Rules as in force immediately before 1 December 1996.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 November 1996.

2. Statutory Rules 1968 No. 2 as amended by 1975 No. 52; 1976 Nos. 105, 143 and 235; 1977 Nos. 32 and 136; 1978 No. 19; 1979 Nos. 157 and 243; 1980 Nos. 385 and 386; 1981 Nos. 40, 304 and 305; 1982 No. 247; 1984 Nos. 23 and 155; 1986 Nos. 84, 95, 96 and 323; 1987 Nos. 21, 51, 54 and 223; 1988 Nos. 19, 261, 342 and 343; 1989 Nos. 176, 182, 183, 245 and 376; 1991 No. 117; 1992 Nos. 194, 261 and 400; 1993 No. 90; 1994 Nos. 214 and 307; 1995 Nos. 251 and 422; 1996 No. 191.