STATUTORY RULES.
1957. No. 47.
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RULES UNDER THE BANKRUPTCY ACT 1924-1955.[*]
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 1924-1955.
Dated this 20th
day of August, 1957.
W. J. Slim
Governor-General.
By His Excellency’s Command,
(Sgd.) NEIL O’SULLIVAN
Attorney-General.
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Amendments of the Bankruptcy Rules.[†]
Proceedings, how intituled.
1. Rule 12 of the Bankruptcy Rules is amended by omitting from sub-rule (1.) all the words after the word “intituled” and inserting in their stead the words “in accordance with Form No. 1.”.
Orders to be sealed, signed and filed.
2. Rule 117 of the Bankruptcy Rules is repealed.
3. Rule 148 of the Bankruptcy Rules is amended by omitting the words “one month” and inserting in their stead the words “six months”.
Duration of notice.
4. After rule 149 of the Bankruptcy Rules the following rule is inserted in Division 2 of Part III.:—
Prescribed time for compliance with notice, &c.
“149a. For the purposes of paragraph (j) of section 52 of the Act, the prescribed time after service of a bankruptcy notice on a debtor is—
(a) where the debtor resides not more than one hundred and fifty miles from the office at which the bankruptcy notice was issued—seven days;
(b) where the debtor resides more than one hundred and fifty miles, but not more than three hundred miles, from the office at which the bankruptcy notice was issued—fourteen days; or
(c) in any other case—twenty-one days.”.
Certificate of registration.
5. Rule 371 of the Bankruptcy Rules is amended by omitting the words “The certificate shall be sealed with the seal of the Court.”.
6. Rule 473 of the Bankruptcy Rules is repealed and the following rule inserted in its stead:—
Prescribed names of Courts.
“473. For the purposes of section 49 of the Act—
(a) the prescribed name of the Federal Court of Bankruptcy is that name;
(b) the prescribed name of each of the courts specified in paragraph (b) of sub-section (1.) of section 18 of the Act (other than the last two courts specified in that paragraph) is the name by which the court is described in that paragraph; and
(c) the prescribed name of the Supreme Court of the Northern Territory is that name.”.
First Schedule—Form No. 1.
7. The First Schedule to the Bankruptcy Rules is amended by omitting Form No. 1 and inserting in its stead the following form:—
No. 1.
Commonwealth of Australia.
The Bankruptcy Act 1924-1955.
In [here insert the name of the Court in which the proceeding is instituted.]
No. of 19 , Bankruptcy District of
Re [here insert the name of the debtor.]
Ex Parte [here insert “the Debtor” or “A.B., a Creditor” or “the Official Receiver” or “the Trustee”, as the case requires.]
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
[*] Notified in the Commonwealth Gazette on 29th August, 1957.
[†] Statutory Rules 1934, No. 77, as amended by Statutory Rules 1935, Nos. 34 and 122; 1936, No. 101; 1937, No. 111; 1939, No. 41; 1940, No. 212; 1941, Nos. 12 and 55; 1942, No. 6; 1949, No. 100; 1953, Nos. 71, 79 and 101; 1954, No. 131; 1955, No. 17; and 1956, No. 61.
4303/57.—Price 3d. 9/2.8.1957.
Overview
The Bankruptcy Rules 1957 were enacted by the Governor-General in Council under the authority of the Bankruptcy Act 1924-1955. These rules were designed to address procedural and administrative issues arising from the operation of the Bankruptcy Act. The enactment of these rules by the Governor-General in Council reflects the Federal legislative process and aims to ensure consistency and efficiency in the administration of bankruptcy proceedings. The policy objective behind these amendments is to streamline the processes within the bankruptcy system, thereby improving the effectiveness and fairness of bankruptcy proceedings in Australia.
Scope and Application
The Statutory Rules of 1957, No. 47, under the Bankruptcy Act 1924-1955, introduce several amendments to the existing Bankruptcy Rules, which are applicable across the Commonwealth of Australia. These amendments pertain to various procedural aspects of bankruptcy proceedings, including the formal requirements for initiating proceedings, the duration of notices, and the prescribed names of courts. The amendments are designed to streamline and clarify the processes involved in bankruptcy proceedings, ensuring they are conducted in a manner that is both efficient and legally compliant. While the Act itself applies nationally, its implementation through these rules ensures uniformity across different jurisdictions within the Commonwealth, thereby maintaining a cohesive legal framework for bankruptcy proceedings. The rules also specify exclusions and thresholds, such as the different prescribed times for compliance with notices based on the debtor's distance from the issuing office, thereby providing flexibility in application depending on geographic considerations. Additionally, certain rules may be further extended or restricted through subordinate instruments, ensuring the legislation remains adaptable to evolving legal and economic circumstances.
Key Provisions
These Rules, made under the Bankruptcy Act 1924-1955, introduce several amendments to existing provisions and establish new requirements. Rule 12 now mandates that proceedings must be titled in accordance with Form No. 1 (Rule 1). Rule 117 has been repealed, removing certain procedural requirements (Rule 2). The duration of notice has been extended from one month to six months, allowing more time for compliance with specified notices (Rule 3). Rule 149a outlines a prescribed timeline for responding to a bankruptcy notice based on the distance between the debtor's residence and the office where the notice was issued (Rule 4). The requirement for a certificate of registration to be sealed with the Court's seal has been removed (Rule 5). Rule 473 has been repealed and replaced with a new rule specifying the prescribed names of courts for the purposes of section 49 of the Act (Rule 6).
The Act imposes several obligations on parties and entities governed by these rules. Creditors must ensure that bankruptcy proceedings are titled in accordance with Form No. 1 (Rule 1). Debtors now have a longer period of time to comply with certain notices, with the duration varying based on their distance from the issuing office (Rule 4). The removal of the requirement for a certificate of registration to be sealed with the Court's seal simplifies the process for obtaining a certificate of registration (Rule 5). The new rule specifying the prescribed names of courts ensures clarity and consistency in legal documentation (Rule 6).
Failure to comply with these rules may result in various consequences. While the specific offences and penalties are not detailed within these rules, breaches of the Bankruptcy Act 1924-1955 may lead to civil or criminal liability. The Act provides for a range of penalties, including fines and imprisonment, depending on the nature and severity of the offence. It is important to note that the maximum penalties are not specified within these rules but can be found within the main Act itself. Legal professionals should refer to the Bankruptcy Act for detailed information on potential penalties and consequences for non-compliance.