STATUTORY RULES.
1941. No. .
__________
RULES UNDER THE BANKRUPTCY ACT 1924-1933.[*]
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 1924-1933.
Dated this seventh day of January, 1941.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
(SGD.) H.V. EVATT
Attorney-General.
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Amendments of the Bankruptcy Rules.[†]
Fees.
1. Rule 66 of the Bankruptcy Rules is amended by inserting after sub-rule (1.) the following sub-rule:—
“(1a.) Where at any time after the first day of May, 1941, a trustee has acted, or acts, in succession to an Official Receiver, the Official Receiver may apply to the Registrar to reduce the amount of the fees and percentages payable to the Official Receiver under Table B of the Third Schedule to these Rules, and the Registrar may, if he is satisfied that, in the circumstances, the full amount of those fees and percentages should not be charged, reduce the amount thereof and the reduced amount shall thereupon be charged and payable in lien of the full amount.”.
First Schedule.
2. Form 15 in the First Schedule to the Bankruptcy Rules is repealed and the following Forms inserted in its stead:—
“No. 15.
Substituted Service of Bankruptcy Notice—Notice in Gazette or other Paper.
In the Court of Bankruptcy, District of .
To of .
Take notice that—
A Bankruptcy Notice against you was issued on .
The name of the creditor is .
The amount claimed is £ .
By an order dated the Court ordered that publication of this notice should be deemed to be good and sufficient service on you of the Bankruptcy Notice.
The last day for compliance with the Notice is .
The result of non-compliance will be that an act of bankruptcy will have been committed by you on which you may be made bankrupt.
The relevant documents may be inspected at this Registry.
Dated this day of , 19 .
Registrar.
“No. 15a.
Substituted Service of Bankruptcy Petition—Notice in Gazette or other paper.
In the Court of Bankruptcy, District of .
To of .
Take notice that—
A Bankruptcy Petition was presented against you on .
The name of the petitioning creditor is .
The address of the petitioning creditor is .
The amount of the petitioning creditor’s debt is .
By an order dated the Court ordered that publication of this notice should be deemed to be good and sufficient service on you of the petition.
The date fixed for the hearing of the petition is at a.m.
p.m.
If you do not appear the Court may make a sequestration order against you in your absence.
The relevant documents may be inspected at this Registry.
Dated this day of , 19 .
Registrar.
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“No. 15b.
Substituted Service of Notice of Application for Committal—Notice in Gazette or other Paper.
In the Court of Bankruptcy, District of .
To of .
Take notice that—
The Official Receiver of your estate will apply to the Court on at a.m.
p.m.
for an order for your committal to prison. The grounds of the application are your failure to observe the obligations imposed upon you under the Bankruptcy Act. By an order dated the Court ordered that publication of this notice should be deemed to be good and sufficient service on you of the application.
If you do not appear the Court may make an order for your committal in your absence.
The relevant documents may be inspected at this Registry.
Dated this day of , 19 .
Registrar.”.
_________________
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
[*] Notified in the Commonwealth Gazette on , 1941.
[†] 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; and 1941, Nos. 12 and 55.
6427.—17/30.10.1941.—Price 3d.
Overview
The Statutory Rules 1941 No. __ under the Bankruptcy Act 1924-1933 was enacted by the Governor-General in Council to amend the Bankruptcy Rules and introduce new forms of substituted service notices for bankruptcy proceedings. This legislative instrument aims to address the need for flexibility and efficiency in the administration of bankruptcy cases, particularly in situations where the debtor cannot be located. The rules provide mechanisms for reducing fees for Official Receivers under certain circumstances and introduce new forms for substituted service of bankruptcy notices, petitions, and applications for committal, ensuring that due process is maintained while accommodating the practical challenges of locating debtors. The policy objective of these amendments is to enhance the effectiveness of the bankruptcy process by providing clearer and more adaptable procedures.
Scope and Application
The Bankruptcy Rules, established under the Bankruptcy Act 1924-1933, apply to individuals and entities within the Commonwealth of Australia who are subject to bankruptcy proceedings. These rules govern the procedures and conduct of trustees, Official Receivers, and other officials involved in bankruptcy cases, as well as the conduct of debtors and creditors. The geographic reach of these rules is nationwide, encompassing all districts within the Australian Commonwealth. The rules also allow for adjustments and reductions of fees and percentages payable to the Official Receiver, provided certain conditions are met. Subordinate instruments extend the application of these rules by introducing new forms for substituted service of notices and petitions, facilitating the process in cases where direct service to the debtor is not possible. Notably, these rules do not specify any exclusions or exemptions, thereby applying broadly to all cases governed by the Bankruptcy Act 1924-1933 within the Commonwealth.
Key Provisions
The primary operative sections of the rules under the Bankruptcy Act 1924-1933 include amendments to the fees charged by the Official Receiver and the introduction of new forms for substituted service of bankruptcy notices, petitions, and applications for committal. Rule 66 (1a) allows the Official Receiver to apply to the Registrar for a reduction in fees if they have acted in succession to another trustee, and the Registrar may reduce the fees if satisfied that the full amount should not be charged (Rule 66 (1a)). Additionally, Form 15 in the First Schedule to the Bankruptcy Rules is repealed, and new forms, namely No. 15, 15a, and 15b, are introduced for substituted service of bankruptcy notices, petitions, and applications for committal, respectively (First Schedule).
The obligations imposed by these rules require trustees to act in succession to an Official Receiver to potentially reduce fees as outlined in Rule 66 (1a). The new forms introduced in the First Schedule mandate that substituted service of a bankruptcy notice, petition, or application for committal must be published in the Gazette or other papers, with the publication deemed as good and sufficient service on the debtor. These forms also specify the details that must be included in the notices or applications, such as the names of the creditors, the amounts claimed, and the dates of issuance and hearings. Furthermore, the relevant documents must be available for inspection at the registry.
The rules under the Bankruptcy Act 1924-1933 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with a bankruptcy notice or to appear before the court as required by the new forms could lead to an act of bankruptcy being committed, which may result in the debtor being made bankrupt. Additionally, non-compliance with the obligations imposed under the Bankruptcy Act could lead to an application for committal to prison by the Official Receiver. While the rules do not state maximum penalties, such breaches may incur consequences as prescribed by the broader Bankruptcy Act.