Bankruptcy Rules (Amendment) (Cth)

Statutory Rules 1981 No. 3041

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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 21 October 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

JOHN MOORE

Minister of State for Business and Consumer Affairs

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Commencement

1. These Rules shall come into operation on 1 November 1981.

Matters prescribed for the purposes of section 149 of the Act

2. Rule 51a of the Bankruptcy Rules is amended by omitting “sub-section 149 (10)” and substituting “sub-sections 149 (10) and (13)”.

Fees and percentages payable to the Official Receiver and Official Trustee

3. Rule 182 of the Bankruptcy Rules is amended—

(a) by omitting from paragraphs (2) (d) and (e) “$150” (wherever occurring) and substituting “$1,000”;

(b) by inserting in paragraphs (2) (f) and (g) “in respect of the estate or the debtor” after “if the prescribed amount” (wherever occurring);

(c) by omitting from paragraph (2) (f) “$2,050” and substituting “$2,900”; and

(d) by omitting from paragraph (2) (g) “$3550” and substituting “$4,400”.

 

Schedule 1

4. Schedule 1 to the Bankruptcy Rules is amended by omitting from Forms 29 and 30 “$4,000” (wherever occurring) and substituting “$100,000”.

Schedule 6

5. Schedule 6 to the Bankruptcy Rules is amended—

(a) by omitting paragraphs (a) and (b) in the second column of Item 4 and substituting the following paragraphs:

“(a) of a sitting of the Court or of the Registrar;

(b) of a meeting of creditors (other than a first meeting of creditors); or

(ba) of a bankruptcy and forwarding a summary of the statement of affairs,”;

(b) by omitting from Item 5 “140 (5)” and substituting “140 (8)”; and

(c) by omitting from Items 6 and 7 “paragraph 140 (3) (a) of the Act” (wherever occurring) and substituting “paragraph 19 (1) (e) or 140 (3) (a), or sub-section 310 (1) or (4), of the Act or of rule 92”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 October 1981.

2. Statutory Rules 1968 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 40 and see also