Federal Magistrates Court (Bankruptcy) Amendment Rules 2008 (No. 1) (Cth)

Federal Magistrates Court (Bankruptcy) Amendment Rules 2008 (No. 1)¹

Select Legislative Instrument 2008 No. 36

We, Federal Magistrates, make the following Rules of Court under the Federal Magistrates Act 1999.

Dated 13 March 2008

PASCOE CFM

ALTOBELLI FM

BARNES FM

BAUMANN FM

BREWSTER FM

BURCHARDT FM

BURNETT FM

CAMERON FM

CASSIDY FM

COAKES FM

COATES FM

CONNOLLY FM

DONALD FM

DRIVER FM

HALLIGAN FM

HARTNETT FM

HENDERSON FM

HOUSEGO FM

HOWARD FM

HUGHES FM

JARRETT FM

KELLY FM

LAPTHORN FM

LINDSAY FM

LLOYD-JONES FM

LUCEV FM

MEAD FM

NEVILLE FM

NICHOLLS FM

O’DWYER FM

O’SULLIVAN FM

PHIPPS FM

PURDON-SULLY FM

RAPHAEL FM

RIETHMULLER FM

RILEY FM

ROBERTS FM

SCARLETT FM

SIMPSON FM

SLACK FM

SMITH FM

SPELLEKEN FM

TURNER FM

WALTERS FM

WILSON FM

Federal Magistrates

JOHN MATHIESON
Chief Executive Officer

Name of Rules

These Rules are the Federal Magistrates Court (Bankruptcy) Amendment Rules 2008 (No. 1).

Commencement

These Rules commence on 1 April 2008.

Amendment of Federal Magistrates Court (Bankruptcy) Rules 2006

Schedule 1 amends the Federal Magistrates Court (Bankruptcy) Rules 2006.

Schedule 1 Amendments

(rule 3)

[1] Paragraph 4.06 (3) (b)

substitute

(b)states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:

(i)on the day when the petition was presented; and

(ii)on the day when the search was made; and

[2] Paragraph 4.07 (b)

substitute

(b)the applicant creditor must keep the original affidavit and produce it as directed by the Court.

[3] Subrule 7.02 (2)

omit

28 days

insert

7 days

[4] Subrule 7.03 (3)

omit

14 days

insert

7 days

[5] Subrule 7.04 (1)

omit

The trustee

insert

If directed by the Court, the trustee

[6] Paragraph 7.04 (4) (b)

omit

the hearing date fixed for the application.

insert

the date fixed for the hearing of the application.

[7] Subrule 7.06 (2)

omit

28 days

insert

7 days

[8] Subrule 7.06 (5)

omit

14 days

insert

7 days

[9] Schedule 1, Form 2

before

* Omit if inapplicable

insert

Note An application must state each section of the Bankruptcy Act or the Bankruptcy Regulations under which the proceeding is brought — see paragraph 2.01 (3) (a).

[10] Schedule 1, Form 3

before

* Omit if inapplicable

insert

Note An interim application must state each section of the Bankruptcy Act or the Bankruptcy Regulations under which the proceeding is brought — see paragraph 2.01 (4) (a).

[11] Schedule 1, Form 6, Part 2, after note 3

insert

Note 4 A creditor must give a copy of this petition to the Official Receiver within 3 working days after presentation — see subregulation 4.05 (1) of the Bankruptcy Regulations.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See