EXPLANATORY STATEMENT
BANKRUPTCY ACT 1966
BANKRUPTCY RULES (AMENDMENT)
1987 NO. 21
The Bankruptcy Act 1966 (the Act) was amended to insert section 31A by the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 (the Statute Law Act). Section 31A of the Act permits a Judge of the Federal Court of Australia, in writing, to direct a Registrar of that Court to exercise certain powers of the Court under the Act. This amendment of the Act will commence on a date fixed by Proclamation.
Sub-section 31A(6) of the Act provides that a party to a proceeding in which a Registrar has exercised a power of the Federal Court under the Act may within the time prescribed by the Bankruptcy Rules (the Rules) or within any further time allowed in accordance with the Rules apply to the Court to review that exercise of power. The purpose of this amending rule is to prescribe the time within which an application for review pursuant to sub-section 31A(6) may be made and to prescribe the procedure for allowing further time.
Part X of the Rules is entitled “Practice and Procedure”. This rule amends that Part by inserting Division 3A entitled “Exercise of Powers by certain officials”. Division 3A consists of rule 119A.
Sub-rule 119A(1) provides that the prescribed time within which a party to a proceeding before a Registrar may apply to the Court for review of the Registrar’s decision is 21 days.
Sub-rule 119A(2) provides that where a party to a proceeding before a Registrar has not applied to the Court for a review
within the 21 days prescribed by sub-rule 119A(1), then further time for an application for review may be allowed by the Court or the Registrar.
Sub-rule 119A(3) provides that further time within which a party may lodge an application for review under sub-rule 119A(2) may be allowed by the Registrar or the Court whether or not the 21 day period prescribed by sub-rule 119A(1) has expired.
Sub-rule 119A(4) provides that the expressions ‘Registrar’ and ‘the Court’ have the same meaning for the purposes of rule 119A as they have in sub-section 31A(10) of the Act.
Sub-section 31A(10) of the Act provides that ‘Registrar’ means the Registrar, a Deputy Registrar, a District Registrar or a Deputy District Registrar of the Court. ‘The Court’ means the Federal Court of Australia.
This rule will commence on the same day as section 31A of the Act is proclaimed to commence.
Authorised by the Attorney-General