Bankruptcy Rules 1928

Legislation au C1928L00008 Rules Not in force Legislative Instrument

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STATUTORY RULES.

1928. No. 8.

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RULES UNDER THE BANKRUPTCY ACT 1924-1927.

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 1924-1927, to come into operation on the date to be fixed for the commencement of that Act.

Dated this 17th day of January, 1928.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

J. G. LATHAM,

Attorney-General.

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BANKRUPTCY RULES 1928.

Part I.—Preliminary.

Short title.

1. These Rules may be cited as the Bankruptcy Rules 1928.

Cf. No. 37 1924 ss. 6 and 19.

2. These Rules are divided into Parts, as follows:—

Parts

Part I.—Preliminary; rr. 1-5.

Part II.—Court Procedure.

Division 1.—Court and Chambers, rr. 6-10.

Division 2.—Proceedings, rr, 11-24.

Division 3.—Motions and Practice, rr. 25-36.

Division 4.—Preparation of Orders, rr. 37-39.

Division 5.—Security in Court, rr. 40-50.

Division 6.—Affidavits, rr. 51-62.

Division 7.—Fees, r. 63.

Division 8.—Witnesses and Depositions, rr. 64-74.

Division 9.—Discovery and Examination under section 80, rr. 75-76.

Division 10.—Taking Accounts of Property Mortgaged, and of the Sale thereof, rr. 77-89.

Division 11.—Appropriation of Pay, Salary, Pensions and other income, rr. 90-91.

Division 12.—Warrants, Arrests and Commitments, rr. 92-99.

Division 13.—Service and Execution of Process, rr. 100-104.

Division 14.—Trial by Jury, rr. 105-109.

Division 15.—Costs, rr. 110-130.

Division 16.—Appeals, rr. 131-135.

C.17431.


Part III.—Proceedings from Act of Bankruptcy to Discharge.

Division 1.—Declaration of Inability to pay Debts, r. 136.

Division 2.—Bankruptcy Notice, rr. 137-143.

Division 3.—Bankruptcy Petition, rr. 144-147.

Division 4.—Creditor’s Petition, rr. 148-157.

Division 5.—Hearing of Petition, rr. 158-169.

Division 6.—Interim Receiver, rr. 170-175.

Division 7.—Sequestration Order, rr. 176-183.

Division 8.—Public Examination of Bankrupt, rr. 184-190.

Division 9.—Service of Proceedings, r. 191.

Division 10.—Composition or Scheme, rr. 192-211.

Division 11.—Statement of Affairs, rr. 212-213.

Division 12.—Proof of Debts, rr. 214-226.

Division 13.—Disclaimer of Lease, r. 227.

Division 14.—Dividends, rr. 228-231.

Division 15.—Discharge, rr. 232-250.

Division 16.—Proxies and Voting Letters, rr. 251-254.

Division 17.—Meetings of Creditors, rr. 255-264.

Division 18.—Proceedings by Company or Co-partnership, r. 265.

Division 19.—Proceedings by or against Firm, rr. 266-276.

Division 20.—Joint and Separate Estates, rr. 277-282.

Division 21.—Lunatics, r, 283.

Part IV.—Special Proceedings.

Division 1.—Small Bankruptcies, rr. 284-285.

Division 2.—Estates of Persons dying Insolvent, rr. 286-292.

Part V.—Compositions and Assignments without Sequestration (Part XI. of Act), rr. 293-299.

Part VI.—Deeds of Arrangement (Part XII. of Act), rr. 300-314.

Part VII.—Functions of Officers.

Division 1.—Books to be kept and returns to be made by Registrar, rr. 315-318.

Division 2.—Official Receivers, rr. 319-339.

Part VIII.—Trustees and Special Managers, rr. 340-375.

Part IX.—Accounts and Audit, rr. 376-387.

Part X.—Miscellaneous, rr. 388-400.

Definitions.

3.—(1.) In these Rules, unless the contrary intention…

Overview

The Bankruptcy Rules 1928 were enacted under the Bankruptcy Act 1924-1927 by the Commonwealth of Australia and came into operation on a date to be fixed for the commencement of the Act. These rules were designed to provide detailed procedural guidelines for bankruptcy matters, including court procedures, the roles of various officials such as the Official Receiver and trustees, and the process for the administration of bankrupt estates. The Bankruptcy Act 1924-1927 aimed to streamline and clarify the legal processes involved in bankruptcy, ensuring consistency and efficiency in handling cases across the Commonwealth. The rules also include provisions for the administration of estates of deceased debtors and outline various forms and notices required for different stages of bankruptcy proceedings. The overarching policy objective of these rules is to facilitate the orderly and equitable administration of bankruptcy, ensuring that the rights of creditors and the interests of the bankrupt are balanced appropriately.

Scope and Application

The Bankruptcy Rules 1928 apply to individuals and entities that are subject to the Bankruptcy Act 1924-1927 in the Commonwealth of Australia. These rules govern the conduct of bankruptcy proceedings, including court procedure, the role of officials, and the administration of bankrupt estates. They apply to all bankruptcy cases across Australia, as the rules are intended to regulate practice and procedure in the Court of Bankruptcy, which has jurisdiction throughout the Commonwealth. The rules do not explicitly state any exclusions or exemptions, but they may be implied from the provisions within. Certain provisions of the rules may be extended or restricted by subordinate instruments, such as the schedules that contain forms and scales for fees and charges.

Key Provisions

  • The Bankruptcy Rules 1928 set out the procedural framework for the administration of bankruptcies under the Bankruptcy Act 1924-1927. The Rules cover a wide range of matters, including court procedure, the appointment of receivers and trustees, the examination of debtors, the taking of accounts, and the payment of dividends to creditors. Key sections include:
  • Part II outlines the court procedure, including rules on the service of notices, the conduct of hearings, the filing of affidavits, and the sealing of process. All notices required by the Act or Rules must be in writing (r. 13). Proceedings must be sealed (r. 14) and service of process must be effected in accordance with the Rules (rr. 100-104).
  • Part III deals with the main bankruptcy proceedings from the act of bankruptcy to discharge. It sets out the forms and procedures for the making of bankruptcy notices and petitions, the examination of the debtor, the appointment of receivers and trustees, the taking of accounts, the payment of dividends, and the discharge of the bankrupt.
  • Part IV contains special provisions relating to small bankruptcies and the administration of the estates of deceased debtors. Part V outlines procedures for compositions and assignments without sequestration.
  • The Rules impose various obligations on the parties involved in bankruptcy proceedings, including the debtor, creditors, receivers, and trustees. For example, creditors must provide written notices and serve them in accordance with the Rules (rr. 13-14). The Official Receiver must make inquiries into the debtor's affairs and lodge reports with the Court (rr. 319-320). Trustees must keep proper accounts and lodge returns with the Registrar (rr. 374-382).
  • The Rules also provide for various civil and criminal consequences for breach. For example, failure to attend a creditors' meeting or a public examination of the debtor may result in a finding of contempt and imprisonment (rr. 98-99). Failure to obey a sequestration order may result in imprisonment for up to three years (r. 92). Failure to comply with an order to deliver up property or to pay moneys due to the Official Receiver may also result in imprisonment (r. 95). The maximum penalties for contempt are set out in the Act (s. 76).
  • So in summary, the Bankruptcy Rules 1928 provide a comprehensive procedural framework to govern the administration of bankruptcy estates, imposing various obligations on the parties involved and setting out the consequences for non-compliance with the Rules.

Legal classification tags

Area of Law
Insolvency Law
Bankruptcy Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Delegated & Subordinate Legislation
Court Procedure
Regulatory Standards
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.