Bankruptcy Rules (Amendment) (Cth)

STATUTORY RULES

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1935. No.122

 

RULES UNDER THE BANKRUPTCY ACT 1924.1933.*

 

I, THE GOVERNOR‑GENERAL in and over the Comomnwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Rules under the Bankruptcy Act 1924‑1933.

  

Dated this day of

 Twenty Seventh

November, 1935

 (SGD.) ISAAC A. ISAACS

 Governor‑General.

 

By His Excellency's Command,

(Sgd) Robert G. Menzies

Attorney‑General.

 

AMENDMENTS OF THE BANKRUPTCY RULES. 

 

Interpretation.

 

1.

 In these Rules, any reference to a Rule, Schedule or Form shall be read as a reference to a Rule, Schedule or Form, as the case may be, contained in the Bankruptcy Rules, as amended to the date of commencement of these Rules.

Service of bankruptcy notice.

 

2.

 Rule 146 is amended by omitting from sub‑rule (3.) the words  “capital city situated in any District” and inserting in their stead the words “city in which the Court issuing the notice is situated”.

Documents to be annexed to petition under s. 52(e) of Act.

 

3.

 Rule 161 is amended by inserting, after the word “Act,”, the words “the warrant of execution endorsed by the Sheriff or”.

Time of hearing.

 

4.

 Rule 170 is amended by inserting in sub‑rule (2.), after the word “shall”, the words “, unless otherwise directed by the Court,”.

Directions by Inspector‑General.

 

5.

 After rule 386, the following rule is inserted :—

  “386A. The Inspector‑General may give special or general directions to any Official Receiver in any bankruptcy matter.”

 

* Notified in the Commonwealth Gazette on ,  1935.

  Statutory Rules 1934, No. 77, as amended by Statutory Rules 1935, No. 34.

4814.‑6/13.11.1935.—PRICE 3D.

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Judicial notice to be taken of Inspector‑General’s directions.

 

6.

 Rule 387 is amended by adding at the end thereof the words Judicial notice “and of any direction given by the Inspector‑General in pursuance of section thirteen of the Act”.

Representation of Official receiver in Court.

 

7.

 Rule 399 is repealed and the following rule inserted in its stead:—

 

“399.

 Any officer who has been given a direction by the Inspector‑General in pursuance of section thirteen of the Act may, subject to the directions of the Inspector‑General or of the Court, represent the Official Receiver in any proceedings in Court or in any administrative or other matter.”.

Amendment of Form 6.

 

8.

 Form 6 in the First Schedule is amended by inserting, after paragraph 2, the following paragraph:—

  “3. I identified the person I served as the said  by (the deponent should here state the source of his knowledge.)”.

Service of bankruptcy notice.

 

9.

 Form 10 in the First Schedule is amended by inserting, after paragraph 2, the words “(The deponent should here state the source of his knowledge.)”.

Amendment of Form 11.

 

10.

 Form 11 in the First Schedule is amended by inserting, after paragraph 4, the words “(The deponent should here state the source of his knowledge.)”.

Amendment of Form 14.

 11. Form 11 in the First Schedule is amended by inserting, after paragraph 4, the words “NOTICE OF PETITION” and inserting in their stead the words ‘NOTICE OR PETITION”.

Amendment of Form 29H.

 

12.

 Form 29H in the First Schedule is amended by omitting from paragraph (d) in the eighth column the words “as per Sheet ‘F’” and inserting in their stead the words “as per Sheet ‘G’”.

Amendment of Forms 35 and 36.

 

13.

 Forms 35 and 36 in the First Schedule are amended— .

 (a) by omitting the words “of all the creditors who have proved Forms 35 and

their debts”; and

 (b) by omitting the words “Creditors who prove their debts, and whose votes are admitted, and who do not vote on the debtor's proposal, will be reckoned as voting against it.”

Repeal and substitution of Form 85.

 

14.

 Form 85 in the First Schedule is repealed and the following Form inserted in its stead:—

“No. 85.

COMMONWEALTH OF AUSTRALIA.

The Bankruptcy Act 1924‑1933.

ORDER ON APPLICATION TO APPROVE COMPOSITION OR SCHEME.

(Title.)

On the application of  , and on reading the report of the Official Receiver filed on the  day of and hearing the Official Receiver and  , and the Court being satisfied that the creditors in the above matter have duly accepted a composition (or scheme) in the following terms, namely (here insert terms if short; if not, insert, ‘in the terms contained in the paper writing marked A annexed hereto’)”, And being satisfied—

 (a) That the said terms are reasonable and calculated to benefit the general body of creditors; and

 (b) That no facts have been proved which would justify the Court in refusing, qualifying, or suspending an order of discharge; or

 (c) That facts have been proved which would justify the Court in refus­ing, qualifying, or suspending an order of discharge, but. that, having regard‑ to the nature of such facts, and the composition (or scheme) providing reasonable security for payment of not less than shillings in the pound on all the unsecured debts provable against the debtor's estate,

the said composition (or scheme) is hereby approved; and it is ordered—

 That the order of sequestration of the bankrupt's estate made on the

day of  , 19  , be and the same is hereby annulled.

(If the composition or scheme is not approved, after .* insert ‘and being satisfied—

 (a) That the said terms are not reasonable or calculated to benefit the general body of creditors;

 (b) That the case is one in which the Court would be required to refuse his discharge; or

 (c) That facts have been proved which would under the Act justify the Court in refusing, qualifying, or suspending the bankrupt’s discharge,

the Court doth refuse to approve the said composition (or scheme).’).

 Dated this  day of   , 19  .

 By the Court,

 Registrar.”.

Amendment of Form 99.

 

15.

 Form 99 in the First Schedule is amended by omitting the word “to” (second occurring) and inserting in its stead the word “do”.

Amendment of Form 114

 

16.

 Form 114 in the First Schedule is amended by inserting, after the word  “first”, the words “(or final)”.

Amendment of Form 116

 

17.

 Form 116 in the First Schedule is amended by omitting the words “Dated this(b)   day of  19  “and inserting in their stead the following words :—

 “The date of(b)  was .

 Dated this  day of  , 19 ”.

Amendment of Form 118

 

18.

 Form 118 in the First Schedule is amended by omitting the words  “Dated this(a) day of

19 ”.  and inserting in their stead the following words :—

 " The date of(a)  was .

 

Dated this

day of  , 19  ”.

 

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Amendment of Scale of Solicitors’ Costs.

 

19.

 The Second Schedule is amended by omitting from Item 60 in the Scale of Solicitors’ Costs the figures “56” and inserting in their stead the figures “55”.

Amendment of the Third Schedule

 

20.

 The Third Schedule is amended—

 (a) by omitting from Item 15 in the Scale of Official Fees and Percentages the figures and word “12 or 14” and inserting in their stead the figures and word “12, 14, 28 or 31”;

 (b) by adding at the end of paragraph (a) of Item 1 in Table B the words “by the Official Receiver”; and

 (c) by omitting from paragraph (b) of Item 1 in Table B the words “not exceeding” and inserting in their stead the word “of”.

                    

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