Bankruptcy Rules (Amendment) (Cth)

Statutory Rules 1989 No. 3761

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Bankruptcy Rules2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Rules under the Bankruptcy Act 1966.

Dated 14 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

NICK BOLKUS

Minister of State for Consumer Affairs

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Modification of provisions of the Act applied by section 50

1. Rule 17b of the Bankruptcy Rules is amended by omitting from subsection (14a) in paragraph (e) “by paid” and substituting “be paid”.

2. Rule 20 of the Bankruptcy Rules is repealed and the following rule substituted:

Notice of appearance at hearing of petitions

“20. A debtor who intends:

(a) to oppose a petition; or

(b) to appear at the hearing of a petition relating to a debt of the debtor;

must, not less than 3 days before the date fixed for the hearing of the petition or, with the consent of the Court, at that hearing:

(c) file a notice in accordance with Form 8; and

(d) serve a copy on the petitioner.”.

 

Notice of bankruptcy

3. Rule 27 of the Bankruptcy Rules is amended:

(a) by omitting from paragraph (1) (a) “by certified mail, postage being prepaid”;

(b) by omitting from paragraph (1) (b) “by certified mail, postage being prepaid,”;

(c) by omitting from subrule (4) “by certified mail, postage being prepaid,”.

Trustee or solicitor to prepare statements about possible resolutions

4.Rule 75 of the Bankruptcy Rules is amended by omitting subparagraph (c) (i) and substituting the following subparagraph:

“(i) if the statement is prepared by a registered trustee—releasing the property from that control;”.

Debtor’s statement of affairs

5. Rule 78 of the Bankruptcy Rules is amended:

(a) by adding “and” at the end of paragraph (f);

(b) by omitting paragraph (h).

Address for service

6.Rule 101 of the Bankruptcy Rules is amended by omitting subrule (5) and substituting the following subrules:

“(5) A document stating an address for service must also state:

(a) the number of any telephone or facsimile facility installed at the address; or

(b) any document exchange number used by the person filing the document.

“(6) A document exchange number is an address for service only if the document states that it is the address for service.

“(7) If a person files a document purporting to contain an address for service, the Court or a judge may, if satisfied that the address is not genuine, order:

(a) that other persons may proceed as if the document had not been filed; and

(b) that the document be removed from the file; and

(c) that the person file a document that shows a proper address for service.”.

Notice of intention to appear at application or examination

7.Rule 106 of the Bankruptcy Rules is amended:

(a) by omitting subrule (1) and substituting the following subrule:

“(1) A person who:

 

(a) intends to appear at the hearing of an application or petition; or

(b) being a creditor, other than an applicant or petitioner, intends to take part in an examination;

must, not less than 3 days before the date fixed for the hearing of the application or petition or for the examination or, with the consent of the court or Registrar, at that hearing or examination:

(c) file a notice in accordance with Form 46; and

(d) serve a copy on the applicant or petitioner.”;

(b) by adding at the end the following subrules:

“(5) A corporation, other than the Official Trustee, that files a notice or an affidavit must do so by a solicitor unless the Court or a judge has excused it from compliance with this subrule.

“(6) The Registrar must stamp the notice and any copy upon filing, and return any copy to the person who filed it.

“(7) The person must serve a stamped copy of the notice on the person to whom it is addressed.”.

Scale of costs

8.Rule 162 of the Bankruptcy Rules is amended by inserting after subrule (2a) the following subrule:

“(2b) The costs:

(a) specified in this rule and in Schedule 3; and

(b) incurred on or after the commencement of this rule;

are increased by 3.8%.”.

Postponement, waiver or remission of fees by Registrar

9.Rule 183 of the Bankruptcy Rules is amended by omitting “unreasonable” from subrule (2).

10. After rule 195a of the Bankruptcy Rules the following rule is inserted:

Prescribed country: paragraph 29 (5) (b) of the Act

“195b. For the purposes of paragraph 29 (5) (b) of the Act, the countries specified in Schedule 5 are prescribed.”.

Schedule 1

11.Schedule 1 to the Bankruptcy Rules is amended:

(a) by omitting Forms 8 and 46;

(b) by inserting in their proper numerical positions the forms set out in Schedule 1 to these Rules.

Schedule 4

12.Schedule 4 to the Bankruptcy Rules is amended by omitting “1.00” from item 4 and substituting “2.00”.

Schedule 5

13.After Schedule 4 to the Bankruptcy Rules the following Schedule is inserted:

SCHEDULE 5 Rule 195b

PRESCRIBED COUNTRIES: PARAGRAPH 29 (5) (b) OF THE ACT

Malaysia

Papua New Guinea

Singapore

Switzerland

United States of America

Further amendments of the Bankruptcy Rules

14.The Bankruptcy Rules are further amended as set out in Schedule 2.

Statutory Rules 1989 No. 182

15.The amendments made by rule 19 of Statutory Rules 1989 No. 182 apply on and after the date of commencement of these Rules only in relation to bankruptcies that occurred on or after 31 July 1989.

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SCHEDULE 1 Paragraph 11 (b)

FORM 8 Rule 20

NOTICE OF INTENTION OF DEBTOR TO APPEAR AT HEARING OF PETITION

To: (full name(s) of petitioner(s))

TAKE NOTICE that (full name(s) and address(es) of debtor(s))intend(s) to appear at the hearing of the petition of (full name(s) and address(es) of petitioner(s)) dated (specify date).

[The ground(s) of opposition to the petition * is/are*:

(specify the ground(s), and identify any statement(s) that * is/are* denied or disputed).]*

Dated 19 .

(Signature(s))

*[Solicitor for the

person (s)

giving notice)

(address for service,

telephone and any

facsimile and document

exchange numbers)

* delete as appropriate

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SCHEDULE 1— continued

FORM 46 Subrule 106 (1)

NOTICE OF INTENTION TO APPEAR AT HEARING OF APPLICATION OR PETITION OR EXAMINATION OF DEBTOR

(Title)

To: (full name(s) of applicant(s) or petitioner(s))

TAKE NOTICE that (full name(s) and address(es))intend(s) to appear at the* [hearing of your* application/petition* dated]* [examination of (full name(s) and address(es) of debtor(s)) on](specify date)[, and to oppose the *application/petition* on the following grounds:

(specify the grounds)]*

Dated 19

(Signature(s))

*[Solicitor for the

person (s)

giving notice]

(address for service,

telephone number and any

facsimile and document

exchange numbers)

* delete as appropriate

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SCHEDULE 2 Rule 14

MINOR AMENDMENTS

Omit from the following provisions “provided by the Registrar” and substitute “approved by the Inspector-General”:

Rule 30a and subrules 30b (1), 78 (1) and 87 (1).

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

2. Statutory Rules 1968 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 176 and see also