Bankruptcy Rules (Amendment) (Cth)

Statutory Rules 1986 No. 951

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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 and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Rules under the Bankruptcy Act 1966.

Dated 15 May 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

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Application for issue of bankruptcy notice

1.Rule 7 of the Bankruptcy Rules is amended by inserting after sub-rule (4) the following sub-rule:

“(4a) An applicant filing an application based on a judgment or order for an amount expressed in a foreign currency shall, together with the application, file a statutory declaration deposing to the applicable rate of exchange, ascertained in accordance with sub-section 41 (2b) of the Act, in respect of that amount.”.

Procedure for presentation of petition

2. Rule 12 of the Bankruptcy Rules is amended—

(a) by adding “and” at the end of paragraph (3) (ba); and

(b) by omitting paragraph (3) (bb).

Personal service of bankruptcy notice or creditor’s petition

3. Rule 15 of the Bankruptcy Rules is amended by omitting sub-paragraph (b) (iii) and substituting the following sub-paragraph:

“(iii) where a registered trustee has consented, as referred to in paragraph 12 (3) (ba), to act as the trustee—a copy of the consent,”.

4. Rule 24aa of the Bankruptcy Rules is repealed and the following rule substituted:

 

Filing of trustee’s consent

“24aa. Where—

(a) a debtor presents to the Registrar a petition under section 55 of the Act; or

(b) two or more debtors, being members of a partnership or joint debtors who are not in partnership with one another, present to the Registrar a petition under section 56 or 57 of the Act,

and a registered trustee has consented to act as trustee of the estate of the debtor or of the joint and several estates of those debtors, as the case may be, and, at the time of that presentation, that consent has not been revoked, the debtor or debtors, as the case may be, shall, at that time, file with the Registrar a copy of the instrument of consent.”.

Examination of bankrupts

5. Rule 32 of the Bankruptcy Rules is amended—

(a) by omitting “trustee” (wherever occurring) and substituting “applicant”;

(b) by inserting in sub-rule (3) “and sub-section 19 (1a)” after “paragraph 19 (1) (e)”; and

(c) by adding at the end the following sub-rules:

“(4) Where an examination referred to in sub-rule (1) is to take place pursuant to an application under section 69 of the Act by the Official Receiver, the trustee shall, upon request made in writing by the Official Receiver, not later than 7 days after the day on which the request is made, provide to the Official Receiver a list certified by the trustee setting out the names and addresses of the creditors.

“(5) In this rule, ‘applicant’ means the trustee or, in relation to an examination pursuant to an application under section 69 of the Act by the Official Receiver, the Official Receiver.”.

Prescribed order for the purposes of paragraph 109 (1) (a) of the Act

6.Rule 40 of the Bankruptcy Rules is amended by omitting paragraphs (c), (d), (e), (f) and (g) and substituting the following paragraphs:

“(b) second, in payment of the fees, percentages and charges payable under sub-rules 179 (2) and 181 (1) and (2) and any other fees, costs, charges and expenses payable by the trustee in the course of the administration of the bankruptcy;

(c) third, in payment to a creditor who has deposited an amount in accordance with an order made under section 50 of the Act or upon application made under rule 18 of an amount equal to so much of the amount so deposited as has been used for meeting the expenses referred to in that rule;

(d) fourth, in payment of the taxed costs of the petitioning creditor or the taxed costs of the applicant for a sequestration order under Part X of the Act;

(e) fifth, in payment of the remuneration of the trustee;

 

(f) sixth, in payment of the reasonable out-of-pocket expenses incurred by a member of the committee of inspection, as allowed by the Court;

(g) seventh, in payment of the costs of any audit carried out under section 175 of the Act, not being an audit carried out by the Auditor-General.”.

Bonds

7. Rule 61 of the Bankruptcy Rules is amended—

(a) by omitting from sub-rule (1) “155 (2)” and substituting “155 (3a)”;

(b) by inserting in paragraph (1) (a) “prescribed” after “amount”; and

(c) by omitting from sub-rule (2) “155 (2)” and substituting “155 (3a)”.

8. After rule 61 of the Bankruptcy Rules the following rule is inserted:

Registration as trustee

“61a. For the purposes of sub-section 155 (3a) of the Act—

(a) a body specified in Column 2 of an item in Part I of Schedule 2 is a prescribed body;

(b) a university specified in Column 2 of an item in Part II of Schedule 2 is a prescribed university; and

(c) an institution specified in Column 2 of an item in Part III of Schedule 2 is another prescribed institution.”.

9. After rule 63 of the Bankruptcy Rules the following rule is inserted:

Triennial statements by registered trustee

“63a. (1) A statement required for the purposes of section 161a of the Act shall be in accordance with Form 31a.

“(2) For the purposes of section 161a of the Act, the information prescribed is the information required by Form 31a.”.

Schedule 1—Form 31a

10.Schedule 1 to the Bankruptcy Rules is amended by inserting after Form 31 the following form:

FORM 31a Rule 63a

TRIENNIAL STATEMENT BY REGISTERED TRUSTEE IN RESPECT OF THE PERIOD 19.................................................... TO.... 19.................................

1. (a) Surname of person making Statement	Christian or given names
(b) Residential address

(c) Full address and telephone number of the principal place at which the person carries on business as trustee

 

(d) Full addresses and telephone numbers of any other places whether within Australia or elsewhere at which the person carries on business as trustee

 

(e) Names and addresses of any accounting firms of which the person is a member

 

(f) Names and addresses of any employers

 

(g) Any name, other than the person’s own name, or style, under which the person carries on business as trustee

 

2. (a) Is the person a resident of Australia?

(Answer “Yes” or “No”. If the answer is “No”, attach annexure showing the address or addresses where the person is resident).

(b) Has the person at any time in the 3 years to which this Statement relates been resident in any country other than Australia?

(Answer “Yes” or “No”. If the answer is “Yes”, attach annexure showing—

 (i) periods when person not a resident;

 (ii) reasons for absence; and

(iii) the address or addresses where residence was established).

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

 

3. State whether the person has, in the 3 years to which this Statement relates, been convicted in Australia or elsewhere of any offence other than a traffic offence.

(Answer “Yes” or “No”. If the answer is “Yes”, attach annexure giving details, including the name of the court and the penalty).

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

 

4. State whether there are any legal proceedings pending against the person which may result in action of a sort requiring disclosure under paragraph 3.

(Answer “Yes” or “No”. If the answer is “Yes”, attach annexure giving full details).

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

 

5. State whether the person has, in the 3 years to which this Statement relates, resigned, or been removed, from office as trustee of an estate.

(Answer “Yes” or “No”. If the answer is “Yes”, attach annexure giving full details, including—

(a) the name and number of the estate;

(b) the date of the resignation or removal; and

(c) the reasons for the resignation or removal).

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

 

6. Has the person making this Statement, in the 3 years to which it relates

(a) been declared bankrupt;

(b) entered into a deed of arrangement or assignment or made an offer of composition to his or her creditors under Part X of the Bankruptcy Act 1966; or

(c) been served with a bankruptcy notice or creditor’s petition?

(Answer “Yes” or “No”. If the answer is “Yes”, attach annexure giving full details).

 

Dated................................................ 19.............

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

(Signature)

 

11. After Schedule 1 to the Bankruptcy Rules the following Schedule is inserted:

SCHEDULE 2 Rule 61a

PRESCRIBED BODIES, UNIVERSITIES AND OTHER INSTITUTIONS

PART I

PRESCRIBED BODIES

Column 1	Column 2
Item No.	Prescribed body
1	Canadian Institute of Chartered Accountants
2	New Zealand Society of Accountants
3	The American Institute of Certified Accountants
4	The Association of Certified and Corporate Accountants (United Kingdom)
5	The Australian Society of Accountants
6	The Institute of Chartered Accountants in Australia
7	The Institute of Chartered Accountants in England and Wales
8	The Institute of Chartered Accountants in Ireland
9	The Institute of Chartered Accountants in Scotland

PART II

PRESCRIBED UNIVERSITIES

Column 1	Column 2
Item No.	Prescribed university
1	Australian National University
2	Deakin University
3	James Cook University of North Queensland
4	Latrobe University
5	Macquarie University
6	Monash University
7	University of Adelaide
8	University of Melbourne
9	University of Newcastle
10	University of New England
11	University of New South Wales
12	University of Queensland
13	University of Sydney
14	University of Tasmania
15	University of Western Australia
16	University of Wollongong

PART III

OTHER PRESCRIBED INSTITUTIONS

Column 1	Column 2
Item No.	Other prescribed institution
1	Avondale College
2	Ballarat College of Advanced Education
3	Bendigo College of Advanced Education
4	Brisbane College of Advanced Education
5	Canberra College of Advanced Education
6	Capricornia Institute of Advanced Education
7	Caulfield Institute of Technology
8	Chisholm Institute of Technology
9	Churchlands College
10	Darling Downs Institute of Advanced Education
11	Footscray Institute of Technology
12	Gippsland Institute of Advanced Education
13	Kuring-gai College of Advanced Education
14	Mitchell College of Advanced Education
15	Nepean College ofAdvanced Education
16	N.S.W. Institute of Technology
17	North Brisbane College ofAdvanced Education
18	Northern Rivers College ofAdvanced Education
19	Phillip Institute of Technology
20	Prahran College ofAdvanced Education
21	Preston Institute of Technology
22	Queensland Institute of Technology
23	Riverina College of Advanced Education
24	Royal Melbourne Institute of Technology Limited
25	South Australia Institute of Technology
26	Swinburne Limited
27	Tasmanian College of Advanced Education
28	Victoria College
29	Warnambool Institute of Advanced Education
30	Western Australian Institute of Technology

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 May 1986.

2. Statutory Rules 1968 No. 2 as amended to date. For previous amendments see Statutory Rules 1986 No. 84 and see also