Bankruptcy Rules (Amendment) (Cth)

STATUTORY RULES.

1941. No. .

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RULES UNDER THE BANKRUPTCY ACT 1924-1933.

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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 1924-1933.

Dated this seventh day of January, 1941.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

(SGD.) H.V. EVATT

Attorney-General.

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Amendments of the Bankruptcy Rules.

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Fees.

1. Rule 66of the Bankruptcy Rules is amended by inserting after sub-rule (1.) the following sub-rule:—

“(1a.) Where at any time after the first day of May, 1941, a trustee has acted, or acts, in succession to an Official Receiver, the Official Receiver may apply to the Registrar to reduce the amount of the fees and percentages payable to the Official Receiver under Table B of the Third Schedule to these Rules, and the Registrar may, if he is satisfied that, in the circumstances, the full amount of those fees and percentages should not be charged, reduce the amount thereof and the reduced amount shall thereupon be charged and payable in lien of the full amount.”.

First Schedule.

2. Form 15 in the First Schedule to the Bankruptcy Rules is repealed and the following Forms inserted in its stead:—

“No. 15.

Substituted Service of Bankruptcy Notice—Notice in Gazette or other Paper.

In the Court of Bankruptcy, District of   .

To of  .

Take notice that—

A Bankruptcy Notice against you was issued on  .

The name of the creditor is  .

The amount claimed is £  .

By an order dated the Court ordered that publication of this notice should be deemed to be good and sufficient service on you of the Bankruptcy Notice.

The last day for compliance with the Notice is  .

The result of non-compliance will be that an act of bankruptcy will have been committed by you on which you may be made bankrupt.

The relevant documents may be inspected at this Registry.

Dated this day of  , 19 .

Registrar.

  

“No. 15a.

Substituted Service of Bankruptcy Petition—Notice in Gazette or other paper.

In the Court of Bankruptcy, District of  .

To of  .

Take notice that—

A Bankruptcy Petition was presented against you on  .

The name of the petitioning creditor is  .

The address of the petitioning creditor is  .

The amount of the petitioning creditor’s debt is  .

By an order dated the Court ordered that publication of this notice should be deemed to be good and sufficient service on you of the petition.

The date fixed for the hearing of the petition is  at a.m.

p.m.

If you do not appear the Court may make a sequestration order against you in your absence.

The relevant documents may be inspected at this Registry.

Dated this day of , 19 .

Registrar.

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“No. 15b.

Substituted Service of Notice of Application for Committal—Notice in Gazette or other Paper.

In the Court of Bankruptcy, District of  .

To of  .

Take notice that—

The Official Receiver of your estate will apply to the Court on   at a.m.

p.m.

for an order for your committal to prison. The grounds of the application are your failure to observe the obligations imposed upon you under the Bankruptcy Act. By an order dated the Court ordered that publication of this notice should be deemed to be good and sufficient service on you of the application.

If you do not appear the Court may make an order for your committal in your absence.

The relevant documents may be inspected at this Registry.

Dated this day of , 19 .

Registrar.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

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Notified in the Commonwealth Gazette on  , 1941.

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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; and 1941, Nos. 12 and 55.

6427.—17/30.10.1941.—Price 3d.