Bankruptcy Rules (Amendment)
Statutory Rules No. 176 of 1989
Explanatory Statement
These amendments to the Bankruptcy Rules made pursuant to subsection 315(1) of the Bankruptcy Act 1966 (the Act) will come into operation on 1 July 1989.
They increase the fees payable in respect of bankruptcy proceedings in the Federal Court and bring those fees into line with fees payable in the Court’s non-bankruptcy jurisdictions. The amendments also introduce a new fee for an application by a person to become registered and qualified to act as a trustee.
Rule 1
Rule 1 provides for these Rules to commence on 1 July 1989.
Rule 2
Rule 2 repeals Schedule 4 to the Rules and substitutes a new Schedule 4 in its place. The amount for each item in Schedule 4 is increased so that the Court fees payable in bankruptcy matters in respect of applications to the Court are the same as those payable in the Court’s non-bankruptcy jurisdictions (ie $300: see items 1, 2 and 3). There is a new fee of $300 for an application under subsection 155(2) of the Act for a person to be registered and qualified to act as a trustee. There is also a new fee of $300 which is payable in respect of all other applications to the Court, not being applications by officers for the committal to prison of persons for contempt of Court and applications by persons so committed for their release from custody. The new fee does not apply to applications for the substituted service of documents. The fees payable in respect of Items 4 to 8 inclusive have been increased to reflect the increased cost of the services.
Rule 3
Rule 3 amends Schedule 6 of the Rules to add a new fee of $2,000 which is payable to the Official Trustee by a person who is an applicant under subsection 155(2) of the Act to be registered and qualified to act as a trustee. Rule 59 of the Rules requires an Official Receiver to make such inquiries as he thinks fit into and report to the Court in connection with the application of a person to be registered and qualified to act as a trustee. This fee will recover the costs of this function which is essentially a service to the applicant[Illegible] is not uncommon for up to 20 hours of work to be [Illegible]
an Official Receiver in the performance of this function. The work involved includes interviewing the applicant to ascertain his or her knowledge of insolvency law and practice, making inquiries generally, preparing the report and attending Court on the hearing of the application.
Rule 4
Rule 4 is a transitional provision. Subrule 4(1) provides that the new fee payable for an application for the issue of a bankruptcy notice will not apply in cases where the application has been made before the commencement date of these Rules and a bankruptcy notice has not been issued before that day. Subrule 4(2) provides that the fee payable by a person making an application to be registered and qualified to act as a trustee is not payable in cases where the application has been made before the commencement date of these Rules and the Court has not directed that the person be so registered before that day.