Bankruptcy Rules (Amendment) (Cth)

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Statutory Rules 1987 No. 511

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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 2 April 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

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Commencement

1.These Rules shall come into operation on 13 April 1987.

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2.Schedule 4 to the Bankruptcy Rules is repealed and the following Schedule substituted: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

100.00

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................

100.00

3

For each application for the issue of a bankruptcy notice..................................................

50.00

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)......................................................

0.60

5

For each page included in a copy furnished in accordance with a request referred to in item 4.....................................................................................................................................

0.20

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.........................................................................................

2.00

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...................................................................................................

4.50

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

2.00

Transitional

3. Where:

(a) an application for the issue of a bankruptcy notice is filed before the day on which these Rules come into operation; 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.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 April 1987.

2. Statutory Rules 1968 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 21 and see also

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