Bankruptcy Rules (Amendment) (Cth)

Statutory Rules 1989No. 2451

___________

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 8 September 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

N. BOLKUS

Minister of State for Consumer Affairs

___________

Compliance with forms

1.Rule 6 of the Bankruptcy Rules is amended by omitting subrule (1).

2. Rule 59 of the Bankruptcy Rules is repealed and the following rule substituted:

Interviews of and reports on applicants

“59. (1) Where the Official Receiver is served under subparagraph 58 (2) (b) (ii) with copies of the documents mentioned in that paragraph, he or she:

(a) must, as soon as is practicable, fix a day, time and place for the interview of the applicant; and

(b) must notify the applicant in writing of the day, time and place fixed for the interview.

“(2) At the interview, the Official Receiver may ask the applicant any question that the Official Receiver reasonably believes to be related:

 

(a) to the ability of the applicant to exercise the powers and perform the functions of a trustee; or

(b) to a matter mentioned in subsection 155 (3b) of the Act.

“(3) The Official Receiver may make an inquiry about an applicant that the Official Receiver reasonably believes to be related to a matter referred to in paragraph (2) (a) or (b).

“(4) The Official Receiver must:

(a) prepare a report of the interview and any inquiry made under subrule (3); and

(b) as soon as practicable, file the report and serve a copy on the applicant.”.

Transcript of evidence

3. Rule 131 of the Bankruptcy Rules is amended by omitting “transcipt” and substituting “transcript”.

Fees and percentages

4.Rule 179 of the Bankruptcy Rules is amended:

(a) by omitting paragraphs (9) (a) and (b) and substituting the following paragraphs:

“(a) to the Court by the Inspector-General, the Registrar or the Official Receiver;

(b) to the Registrar by the Inspector-General or the Official Receiver;

(ba) to the Court by a trustee for the committal of a debtor or bankrupt to prison;”;

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

“(10) a fee is not payable in respect of the filing of a document in the Court by the Inspector-General, the Registrar or the Official Receiver.

“(11) A fee is not payable in respect of the filing of a document with the Registrar by the Inspector-General or the Official Receiver.

“(12) The fee to be paid to the Official Receiver at the time of service under subparagraph 58 (2) (b) (ii) in respect of the interview to which the service relates is $2,000.”.

Postponement, waiver or remission of fees by the Registrar

5. Rule 183 of the Bankruptcy Rules is amended by adding at the end the following subrules:

“(2) The Registrar may certify that it is proper to waive or remit a fee or part of a fee paid or payable by a person under rule 179 on the ground that the payment imposes or would impose unreasonable hardship on the person.

 

“(3) Where the Registrar so certifies, the fee or part of the fee is waived or remitted accordingly.”.

6. Rule 184 of the Bankruptcy Rules is repealed and the following rule substituted:

Waiver or remission of fees by Inspector-General

“184. Where it is proper to do so because of exceptional circumstances, the Inspector-General may waive or remit payment of a fee or part of a fee payable to the Official Trustee.”.

Schedule 1

7. Schedule 1 to the Bankrupty Rules is amended:

(a) by omitting Form 49;

(b) by inserting after Form 48 the form set out in the Schedule to these Rules.

Schedule 6

8.Schedule 6 to the Bankruptcy Rules is amended by omitting item 8.

____________

SCHEDULE Rule 7

“FORM 49 Rule 129a

Bankruptcy Act 1966

SUMMONS UNDER SUBSECTION 81 (1)

(Title)

To: (full name and address of person)

The Court1 /the Registrar1 hereby summons you under subsection 81 (1) of the Bankruptcy Act 1966 to attend the Court1 or the Registrar1 or a magistrate1 at   on  the  day  of  19 , at  o’clock in the  noon, to give evidence in connection with your affairs1 /the affairs of (name of debtor)1.

You are also required to produce the following books, namely (specify any books to be produced)2.

Dated 19 .

By the Court

Registrar

or

Registrar in Bankruptcy1

1 Delete as appropriate

2Delete if inapplicable”

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 September 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