Bankruptcy Rules (Amendment) (Cth)

Statutory Rules 1989 No. 1761

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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 28 June 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

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Commencement

1. These Rules shall commence on 1 July 1989.

Schedule 4

2.Schedule 4 to the Bankruptcy Rules is repealed and the following Schedule substituted:

 

SCHEDULE 4 Rule 179

FEES TO BE TAKEN IN THE OFFICE OF THE REGISTRAR

Item No.	Matter	Fee
$
1	For the presentation of a petition under section 43 or 244 of the Act.............................	300.00
2	For the filing:
(a) under subsection 204 (7) or (8) of the Act, of a certificate referred to in subsection 204 (7) in relation to a special resolution:
(i).. requiring a debtor to execute a deed of assignment or a deed of arrangement under Part X of the Act; or (ii).. accepting a composition; or
(b) under paragraph 218 (1) (b) of the Act, of a copy of a deed of assignment or deed of arrangement entered into in pursuance of Part X of the Act.................	300.00
3	For each application for the issue of a bankruptcy notice.................................................	300.00
4	For each request for a copy or copies of a document or documents (regardless of the number of documents to which the request relates)...........................................................	1.00
5	For each page included in a copy furnished in accordance with a request referred to in item 4..........................................................................................................................................	1.00
6	For a search in the indexes kept by the Registrar, other than a search referred to in item 7—for each name to be searched	10.00
7	For a search in the indexes kept by the Registrar, being a search made by an officer at the request of another person, including advice as to the result of the search—for each name to be searched.................................................................................................................	20.00
8	For an inspection of documents filed in connection with a proceeding, being an inspection by a person other than a person who is, or who acts for and on behalf of, a party to a proceeding, including the taking of abstracts from, and the making of copies of, those documents—for each file inspected	10.00
9	For an application to the Court in respect of which no other fee is prescribed, not being an application: (a) by an officer of the Court for the committal of a person for contempt of court; or (b) by a person committed for contempt of court to be released from custody; or
(c)  for substituted service of a document.......................................................................	300.00

Schedule 6

3. Schedule 6 to the Bankruptcy Rules is amended by adding at the end the following item:

“8 For a report under subrule 59 (1) in respect of an application under subsection 155 (2) of the Act for a person to be registered and qualified to act as a trustee....... 2,000.00”.

 

Transitional

4. (1) Where:

(a) an application for the issue of a bankruptcy notice is filed before the day on which these Rules commence; and

(b) the bankruptcy notice has not been issued before that day;

there is payable, in relation to the issue of that bankruptcy notice, the fee applicable for the issue of a bankruptcy notice under the Bankruptcy Rules as in force immediately before the commencement of these Rules.

(2) Where:

(a) an application for a person to be registered and qualified to act as a trustee is made before the day on which these Rules commence; and

(b) the Court has not directed that the person be so registered before the day;

the fee referred to in item 8 in Schedule 6 is not payable in relation to that application.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1989.

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.