Bankruptcy Rules (Amendment)

Legislation au C1977L00136 Rules Not in force Legislative Instrument

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Statutory Rules

1977 No. 136

RULES UNDER THE BANKRUPTCY ACT 1966.[*]

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 this nineteenth day of August, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

WAL. FIFE

Minister of State for Business and Consumer Affairs.

__________

Amendments of the Bankruptcy Rules[†]

Schedule 3.

1. Schedule 3 to the Bankruptcy Rules is repealed and the following Schedule substituted:—

SCHEDULE 3 Rule 179

FEES TO BE TAKEN IN THE OFFICE OF THE REGISTRAR

Item No.	Matter	Fee
1.	For the presentation of a petition under section 43 or 244 of the Act	$60
2.	For the filing— (a) under sub-section 204 (7) or (8) of the Act, of a certificate referred to in sub-section 204 (7) In relation to a special resolution— (i) requiring a debtor to execute a deed of assignment or a deed of arrangement under Part X of the Act; or (ii) accepting a composition; or
	(b) under paragraph 218 (1) (b) of the Act, of a copy of a deed of assignment or deed of arrangement entered into in pursuance of Part X of the Act	$60
3.	For the issue of a bankruptcy notice....................................	$25
4.	For a photographic or other copy of a document............................	50 cents plus 15 cents per page copied
5.	For a search in the indexes kept by the Registrar, other than a search referred to in item 6—for each name to be searched	$1
6.	For a search in the indexes kept by the Registrar, being a search made by an officer at the request of another person, including advice as to the result of the search—for each name to be searched	$2
7.	For an inspection of documents filed in connexion with a proceeding, being an inspection by a person other than a person who is, or who acts for and on behalf of, a party to a proceeding, including the taking of abstracts from, and the making of copies of, those documents—for each file inspected	$1

Schedule 4.

2. Schedule 4 to the Bankruptcy Rules is amended by inserting after the word and figures “sub-section 310 (1)” (wherever occurring) the word and figure “or (4)”.

Further amendments of the Bankruptcy Rules.

3. The Bankruptcy Rules are amended as set out in the Schedule.

__________

SCHEDULE Regulation 3

Provision	Amendment
Sub-rule 117 (1)............	Omit from paragraph (c) “item 1”, substitute “item 4”.
Sub-rule 117(3).............	Omit “item 1”, substitute “item 4”.
Schedule 1	Omit from Form 4 “the last preceding paragraph”, substitute “paragraph (a)”.
	Omit from Form 4 “paragraph (a) of this notice “(wherever occurring), substitute “paragraph (a)”.
	Omit from Form 5 “of this petition”.
	Omit from Form 5 “the last preceding paragraph” (wherever occurring), substitute “paragraph 2”,
	Omit from Form 5 “six”, substitute “6”.
	Omit from Form 6 “three”, substitute “3”.
	Omit from Part I of Form 11 “of this Statement” (wherever occurring).
	Omit from Part II of Form 11 “First column”, substitute “Column 1”.
	Omit from Part II of Form 11 “Second column”, substitute “Column 2”.
	Omit from Part II of Form 11 “Third column”, substitute “Column 3”.
	Omit from Part II of Form 11 “Fourth column”, substitute “Column 4”.
	Omit from Part II of Form 11 “Fifth column”, substitute “Column 5”.
	Omit from Part II of Form 11 “Sixth column”, substitute “Column 6”.
	Omit from Part II of Form 11 “of this Statement”.
	Omit from Part II of Form 11 “the third column”, substitute “column 3”.
	Omit from Part II of Form 11 “the fourth column”, substitute “column 4”.
	Omit from Part II of Form 11 “the second column of this Part”, substitute “column 2”.
	Omit from Part V of Form 11 “of this Statement” (wherever occurring).
	Omit from Part VI of Form 11 “First column”, substitute “Column 1”.
	Omit from Part VI of Form 11 “Second column”, substitute “Column 2”.
	Omit from Part VI of Form 11 “Third column”, substitute “Column 3”.
	Omit from Part VI of Form 11 “Fourth column”, substitute “Column 4”.
	Omit from Part VI of Form 11 “Fifth column”, substitute “Column 5”. Omit from Part VI of Form 11 “of this Statement”.
	Omit from Part VI of Form 11 “the third column”, substitute “column 3”.
	Omit from Part VI of Form 11 “the fourth column”, substitute “column 4”.
	Omit from Part VII of Form 11 “five “(wherever occurring), substitute “5”.
	Omit from Form 12 “Mr. Justice”.

SCHEDULE—continued

Provision	Amendment
Schedule 1-continued	Omit from Form 12 “Mr. being counsel for the petitioning creditor (and Mr. ”, substitute “being counsel for the petitioning creditor (and ”.
	Omit from Form 15 “the last preceding paragraph” (wherever occurring), substitute “paragraph 1”.
	Omit from Form 15 “of this affidavit “(first occurring).
	Omit from Form 16 “Schedule annexed” (wherever occurring), substitute “annexure”.
	Omit from Form 16 “and marked”, substitute “marked”.
	Omit from Form 16 “the Schedule “(second occurring), substitute “that annexure”.
	Omit from Form 16 “the Schedule referred to in the last preceding paragraph”, substitute “the annexure to this affidavit”.
	Omit from Form 16” that Schedule”, substitute” that annexure”.
	Omit from Form 16 “SCHEDULE ‘A’”, substitute “‘A’”.
	Omit from Form 30 “three”, substitute “3”.
	Omit from Form 37 “the last preceding paragraph “(wherever occurring), substitute “paragraph 2”.
	Omit from Form 38 “abovenamed”, substitute “abovementioned”.
	Omit from Part V of Form 39 “First column”, substitute “Column 1”.
	Omit from Part V of Form 39 “Second column”, substitute “Column 2”.
	Omit from Part V of Form 39 “Third column”, substitute “Column 3”.
	Omit from Part V of Form 39 “Fourth column”, substitute “Column 4”.
	Omit from Part V of Form 39 “Fifth column”, substitute “Column 5”.
	Omit from Part V of Form 39 “Sixth column”, substitute “Column 6”.
	Omit from Part V of Form 39 “the third column”, substitute “column 3”.
	Omit from Part V of Form 39 “the fourth column”, substitute “column 4”.
	Omit from Part V of Form 39 “the second column of this Part”, substitute “column 2”.
	Omit from Form 51 “the First and Second Schedules to this notice”, substitute “Schedules 1 and 2”.
	Omit from Form 51 “the First Schedule”, substitute “Schedule 1”.
	Omit from Form 51 “the Second Schedule “(wherever occurring), substitute “Schedule 2”.
	Omit from Form 51 “the third column” (wherever occurring), substitute “column 3”.
	Omit from Form 51 “the first column”, substitute “column 1”.
	Omit from Form 51 “FIRST SCHEDULE”, substitute “SCHEDULE 1”.
	Omit from Form 51 “SECOND SCHEDULE”, substitute “SCHEDULE 2”.
	Omit from Form 51 “First column”, substitute “Column 1”.
	Omit from Form 51 “Second column”, substitute “Column 2”.
	Omit from Form 51 “Third column”, substitute “Column 3”.
Schedule 2................	Omit from item 16 “three”, substitute “3”.
Schedule 5................	Omit from paragraph (b) of item 5 “first cheque and statement”, substitute “first 10 cheques and statements”.

[*] Notified in the Commonwealth of Australia Gazette on 23 August 1977.

[†] Statutory Rules 1968, No. 2 as amended by Statutory Rules 1975, No. 52; 1976, Nos. 105, 143 and 235 and 1977, No. 32.

Overview

The Bankruptcy Act 1966, enacted by the Parliament of Australia, is designed to provide a fair and efficient means for dealing with individuals who are unable to pay their debts. To support and implement the provisions of this Act, the Bankruptcy Rules 1977 were introduced as a legislative instrument under the authority of the Governor-General, with the aim of providing detailed procedures and administrative requirements for bankruptcy processes. The Rules outline fees for various services such as the presentation of a petition, the filing of certificates, and searches in the indexes, among others, facilitating the operation of the bankruptcy system. The policy objective of these Rules is to ensure that the administration of bankruptcy is conducted in a consistent and cost-effective manner, supporting the broader aim of the Bankruptcy Act to provide equitable treatment for all creditors and debtors.

Scope and Application

The Statutory Rules 1977 No. 136, made under the Bankruptcy Act 1966, outlines the fees to be taken in the Office of the Registrar and provides for amendments to the Bankruptcy Rules. These rules apply to individuals and entities involved in bankruptcy proceedings, setting forth the fees for various services such as the presentation of a petition, the filing of certificates, and searches in the Registrar’s indexes. The geographic reach of these rules is national, as they are part of the Commonwealth’s legislative framework. The rules do not explicitly state any exclusions or exemptions, but it is understood that they govern the financial transactions associated with the bankruptcy process across Australia. The application of these rules may be extended or restricted through subordinate instruments, which would be detailed in subsequent legislative amendments or regulations.

Key Provisions

The main operative sections of the Statutory Rules 1977 No. 136 pertain to the fees for services provided by the Office of the Registrar under the Bankruptcy Act 1966. Specifically, Rule 179 outlines the fees for various services, such as the presentation of a bankruptcy petition, the filing of certain certificates and documents, and searches within the Registrar's indexes. For instance, the fee for the presentation of a bankruptcy petition is set at $60, as detailed in Item 1 of Rule 179 (sub-section 43 or 244 of the Act). The fees for filing a certificate or copy of a deed of assignment or arrangement are also $60, as specified in Item 2(a) and (b) of Rule 179 (sub-section 204(7), (8) or paragraph 218(1)(b) of the Act). The fee for issuing a bankruptcy notice is $25, as per Item 3 of Rule 179. Additionally, Rule 179 also details the costs associated with obtaining photographic or other copies of documents and conducting searches within the Registrar's indexes, with specific rates outlined for each service. The obligations and requirements imposed by these rules on the parties or entities they govern primarily revolve around the timely payment of fees for the services rendered by the Office of the Registrar. For example, any individual or entity seeking to present a bankruptcy petition must pay the specified fee of $60 to the Registrar, as stipulated in Item 1 of Rule 179. Similarly, when filing certificates or documents related to bankruptcy proceedings, the requisite fees must be paid to the Registrar, as outlined in Item 2 of Rule 179. These fees are non-negotiable and must be paid in full to access the services provided by the Registrar. The rules also require that the correct forms and documents be submitted in accordance with the Bankruptcy Act 1966 and the accompanying forms detailed in the various schedules of the Statutory Rules 1977 No. 136. In terms of consequences for non-compliance, the Statutory Rules 1977 No. 136 do not explicitly outline specific offences, penalties, or civil/criminal consequences for failure to pay the prescribed fees or for non-compliance with the procedural requirements. However, non-payment of the required fees could potentially lead to delays in the processing of bankruptcy-related applications and proceedings, as the Registrar may not proceed with the service until the fees are paid. While the rules themselves do not specify maximum penalties, any breaches of the Bankruptcy Act 1966 or related procedural requirements could result in legal consequences under the relevant sections of the Act, which might include fines or other sanctions. It is important for parties to adhere to the payment of fees and the submission of required documents to avoid any potential delays or complications in their bankruptcy proceedings.

Area of Law: Insolvency Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Fees; Compliance Obligations

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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.

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