Bankruptcy Rules (Amendment) (Cth)

STATUTORY RULES

1968 No.

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RULES UNDER THE BANKRUPTCY ACT 1924-1965.

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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 1924-1965.

Dated this sixth

day of January, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

Nigel Bowen

Attorney-General.

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Amendments of the Bankruptcy Rules

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Witnesses’ expenses.

1.—(1.) Rule 79 of the Bankruptcy Rules is amended by inserting after sub-rule (1.) the following sub-rule:—

“(1a.) A witness who attends to give evidence in more than one matter is entitled to a proportionate part only of his expenses in each matter.”.

(2.) The amendment of rule 79 of the Bankruptcy Rules effected by the preceding sub-rule applies in relation to attendances by a witness after the commencement of these Rules.

Solicitors’ costs.

2. Rule 120 of the Bankruptcy Rules is amended by adding at the end thereof the following sub-rules:—

“(2). Where a sequestration order is made in proceedings instituted by a petition in which non-compliance with a bankruptcy notice is specified as the act of bankruptcy or one of the acts of bankruptcy committed by the debtor, the costs to be allowed to the solicitor for the petitioning creditor shall, if the solicitor so desires, be, in addition to his proper disbursements, One hundred and thirty dollars, and, if the petitioning creditor has been granted his costs of an adjournment of the proceedings, a further amount in respect of that adjournment—

(a) if counsel attended on the hearing when the proceedings were adjourned—of Thirteen dollars; or

(b) in any other case—of Fifteen dollars.

“(3.) Where a solicitor brings in a bill of costs in which he seeks to be allowed costs under sub-rule (2.) of this rule, the solicitor is not required—

(a) to itemize details of the work involved or services performed; or

(b) to attend or cause a clerk to attend on taxation of the bill.”.

Discretionary costs.

3.—(1.) Rule 120k of the Bankruptcy Rules is amended by omitting from sub-rule (1.) the words and figures “(other than item 15, 18, 19, 21, 22, 23, 24, 26, 30, 35, 36, 38, 39, 41, 42, 43, 45, 46, 47, 49 or 50 in that Schedule)”.

(2.) Notwithstanding the amendment of rule 120k of the Bankruptcy Rules effected by the last preceding sub-rule, the rule as in force immediately before the commencement of these Rules continues to apply to and in respect of work done and services performed before the commencement of these Rules.

Appointment to tax and notice.

4. Rule 129 of the Bankruptcy Rules is amended—

(a) by omitting from sub-rule (1.) the word “Every” and inserting in its stead the words “Subject to the next succeeding sub-rule, a”; and

(b) by inserting after sub-rule (1.) the following sub-rules:—

“(1a.) Where a solicitor brings in a bill of costs in which he seeks to be allowed costs under sub-rule (2.) of rule 120 of these Rules—

(a) the solicitor shall lodge the bill with the Taxing Officer;

(b) the Taxing Officer shall then—

(i) inform the Official Receiver that the bill has been lodged for taxing and may be inspected at the office of the Registrar; and

(ii) afford the Official Receiver an opportunity of inspecting the bill and informing him whether or not he requires a time to be fixed for taxing the bill; and

(c) the Taxing Officer shall not appoint a time for taxing the bill unless the Official Receiver requires him to do so or the Taxing Officer is of the opinion that the solicitor who brought in the bill should be afforded an opportunity of being present at the taxation of the bill.

“(1b.) Where the Taxing Officer does not appoint a time for taxing a bill referred to in the last preceding sub-rule, the Taxing Officer shall tax the bill in the absence of the solicitor who brought in the bill and then inform that solicitor of the amount allowed on the taxation of the bill.

“(1c.) Where the Taxing Officer appoints a time for taxing a bill referred to in sub-rule (1a.) of this rule, sub-rule (1.) of this rule applies to and in relation to the bill in like manner as it applies to a bill in which costs are not claimed under sub-rule (2.) of rule 120 of these Rules.”.

Second Schedule.

5.—(1.) The Second Schedule to the Bankruptcy Rules is repealed and the following Schedule inserted in its stead:—

SECOND SCHEDULE Rule 120.

SCALE OF SOLICITORS’ COSTS

Item No.	Matters in Connexion with which Costs are Payable	Amount
$
Instructions
1	For bankruptcy notice, including application for issue of the notice..............................	7.00
2	For petition, including affidavit verifying petition, or to oppose petition (not including, where applicable, any special affidavit in support)......................................	9.00
3	To make or oppose an application or motion to the Court...............................................	9.00
4	To make or oppose an application in Chambers or examination before the Registrar	7.00
5	For special affidavit.................................................................................................................	6.00
6	For case for opinion of Counsel or for Counsel to advise on evidence..........................	6.00
7	To call a meeting of creditors under Part XI. of the Act, including the circulars calling the meeting.................................................................................................................	4.00
8	For a deed of assignment, a composition or a scheme of arrangement under Part XI. of the Act.................................................................................................................................	9.00
9	For a deed of arrangement under Part XII. of the Act.......................................................	6.00
10	For statement of assets and liabilities to be submitted to a meeting of creditors called under section 159 of the Act................................................................................................	11.00
11	For brief for counsel................................................................................................................	11.00
12	For statement of affairs...........................................................................................................	11.00
13	For a necessary notice not otherwise provided for.............................................................	4.00
Drawing
14	A necessary document (other than a document specified in item 15)—per folio..........	0.60
15	A statement of affairs to accompany a debtor’s petition or under a sequestration order made on a creditor’s petition, a statement of assets and liabilities referred to in item 10 or a schedule to a deed under Part XI. or Part XII.—
If 5 folios or less or, if more than 5 folios, for first 5 folios..........................................	4.00
If more than 5 folios—for each folio or part of a folio in excess of 5 folios..............	0.60
Copies
16	Of necessary documents for which no other provision is made—per folio...................	0.25
17	Carbon or machine made copy—per folio...........................................................................	0.15
Perusals
18	Petitions, affidavits, notices of motion, notices to produce or admit, case for the opinion of the Court, applications for directions, statements of facts, counsel’s opinion or advice—
If 6 folios or less................................................................................................................	2.00
If more than 6 folios—per folio......................................................................................	0.30
19	Depositions, reports, exhibits, accounts, bills of costs or deeds or documents not otherwise provided for—
If 20 folios or less..............................................................................................................	2.00
If more than 20 folios—per folio...................................................................................	0.10

SCALE OF SOLICITORS’ COSTS—continued

Item No.	Matters in Connexion with which Costs are Payable	Amount
$
Service
20	Personal service of any document of which personal service is required..........................	4.00
If served by a solicitor at a distance of more than three miles from the nearest place of business or office of the solicitor serving the document, according to the time occupied and the fares paid.
21	Service on a solicitor for a party...............................................................................................	2.00
22	Service by post.............................................................................................................................	2.00
Attendances
23	On Counsel—
(a) With a brief or other papers or to appoint consultation or conference or to mark refresher...............................................	2.00
(b) On consultation or conference with counsel—
If half an hour or less......................................................................................................	6.00
If over half an hour—per hour or part of an hour......................................................	11.00
24	In Court or Chambers on hearing without counsel—
(a)for a hearing lasting less than one hour or for the first hour of the hearing........	13.00
(b) for each hour or part of an hour of the hearing after the first hour.......................	11.00
(c) for each hour or part of an hour when likely to be heard but not heard...............	4.00
25	In Court or Chambers on hearing with counsel—
(a) for each hour or part of an hour of the attendance during the hearing.................	11.00
(b) for each hour or part of an hour of the attendance when likely to be heard but not heard..............................................	4.00
If a person other than a solicitor attends in place of a solicitor, the allowance shall not exceed two-thirds of the allowance payable for an attendance by a solicitor.
26	To hear reserved judgment.........................................................................................................	4.00
27	On taxation of costs—
(a) if a solicitor attends—per hour or part of an hour...................................................	9.00
(b) if a clerk attends—per hour or part of an hour.........................................................	4.00
28	At meeting of creditors or committee of creditors—per hour or part of an hour	11.00
29	To file or deliver any documents or papers, to obtain an appointment, to insert advertisements, or other attendance of a similar nature that does not involve the exercise of skill or legal knowledge and is not otherwise provided for........................	2.00
30	To swear an affidavit or on deponent to be sworn.................................................................	3.00
31	Attendance not otherwise provided for—
(a) involving the exercise of skill or legal knowledge—per hour or part of an hour...............................................................	11.00
(b) not involving the exercise of skill or legal knowledge—per hour or part of an hour.......................................................	6.00
Letters, Circulars and Telegrams
32	Special letter.................................................................................................................................	3.00
33	Ordinary letter (including letters between principal and agent)..........................................	2.00
34	Letter—formal acknowledgment..............................................................................................	1.00
35	Circular letter, after the first.......................................................................................................	0.75
36	Telegram, including attendance to lodge.................................................................................	2.00

(2.) The Schedule inserted in the Bankruptcy Rules by sub-rule (1.) of this rule applies to all work done or services performed on or after the date of commencement of these Rules, and the Schedule repealed by that sub-rule continues to apply, notwithstanding its repeal, to all work done or services performed before that date.

Seventh Schedule.

6.—(1.) The Seventh Schedule to the Bankruptcy Rules is repealed and the following Schedule inserted in its stead:—

SEVENTH SCHEDULE Rule 79.

SCALE OF WITNESSES’ EXPENSES

Allowance per day
Witnesses called because of their professional, scientific or other special skill or knowledge..........................................................................................................................................................	$10.50 to $52.50
Other witnesses...................................................................................................................................	$6.00
Or, if remunerated in their occupations by wages, salary or fees, the amount of wages, salary or fees lost by reason of the attendance, but not exceeding......................................	$16.00

In addition to the above allowances—

(a) a witness may be allowed such sums as the taxing officer thinks reasonable for the costs of conveyance of the witness to and from the place where he attends to give evidence and, if he is required to be absent overnight from his usual place of residence, for accommodation and sustenance; and

(b) a witness called because of his professional, scientific or other special skill or knowledge may be allowed such sum as the taxing officer thinks reasonable for—

 (i) qualifying to give the evidence; and

(ii) an attendance at court not covered by the foregoing paragraphs of this Schedule when the witness is acting as an expert in assisting counsel or a solicitor during the hearing.

(2.) The Schedule inserted in the Bankruptcy Rules by sub-rule (1.) of this rule applies to attendances by witnesses after the commencement of these Rules.

Application.

7. The amendments of rules 120 and 129 of the Bankruptcy Rules effected by these Rules apply in relation to proceedings consequent upon a bankruptcy notice issued after the commencement of these Rules.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

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Notified in the Commonwealth Gazette on  1968.

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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; 1941, Nos. 12 and 55; 1942, No. 6; 1949, No. 100; 1953, Nos. 71, 79 and 101; 1954, No. 131; 1955, No. 17; 1956, No. 61; 1957, No. 47; 1958, No. 73; and 1960, Nos. 72 and 81.

7695/67—PRICE 10c   10/20.12.1967