Federal Circuit Court (Bankruptcy) Repeal Rules 2016

Administered by Attorney-General's Department

Legislation au F2016L00384 CourtRules Not in force Legislative Instrument

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FEDERAL CIRCUIT COURT OF AUSTRALIA

 

 

EXPLANATORY STATEMENT

 

Issued by the authority of the Chief Judge of the Federal Circuit Court of Australia on behalf of Judges of the Court

 

 

Federal Circuit Court (Bankruptcy) Repeal Rules 2016

 

Section 81 of the Federal Circuit Court of Australia Act 1999 permits the Judges of the Federal Circuit Court of Australia (Federal Circuit Court) or a majority of them, to make Rules of Court not inconsistent with the Act. These rules may provide for the practice and procedure to be followed in the Court and in Registries of the Court. They may extend to all matters incidental to any such practice or procedure that are necessary or convenient to be prescribed for the conduct of any business of the Court.

 

Under sub-section 81(3) of the Federal Circuit Court of Australia Act 1999, the Legislation Act 2003 (other than sections 8, 9, 10 and 16 of that Act) applies in relation to rules of court made by the Court under the Federal Circuit Court of Australia Act 1999 or another Act:

(a)           as if a reference to a legislative instrument were a reference to a rule of court; and

(b)          as if a reference to a rule-maker were a reference to the Chief Judge acting on behalf of the Judges of the Court; and

(c)           subject to such further modifications or adaptations as are provided for in regulations made under section 120 of the Federal Circuit Court of Australia Act 1999.

 

The Federal Circuit Court has jurisdiction under the Bankruptcy Act 1966 to deal with a range of proceedings and matters which is concurrent with that of the Federal Court of Australia (Federal Court) in bankruptcy. 

 

The Judges of the Federal Circuit Court made the Federal Circuit Court (Bankruptcy) Rules 2006 (existing Bankruptcy Rules) in relation to the practice and procedure to be followed in proceedings in the Federal Circuit Court under the Bankruptcy Act.  The existing Bankruptcy Rules operate in conjunction with the Federal Circuit Court Rules 2001 which govern practice and procedure generally in proceedings in the Federal Circuit Court.

 

The existing Bankruptcy Rules are harmonised with rules for proceedings under the Bankruptcy Act in the Federal Court save for the Part dealing with proceedings under the Cross-Border Insolvency Act 2008 for which the Federal Circuit Court does not have jurisdiction.

 

As a result of the operation of the sunsetting provisions contained in Part 4 of Chapter 3 of the Legislation Act, the Federal Circuit Court (Bankruptcy) Rules 2006 (as well as the Federal Court’s bankruptcy rules), will be automatically repealed on 1 April 2016.

 

The Judges of the Federal Circuit Court have agreed to adopt the Federal Circuit Court (Bankruptcy) Rules 2016 (new Bankruptcy Rules) to replace the existing Bankruptcy Rules.  These Rules were developed in collaboration with the Federal Court and are harmonised with new Bankruptcy Rules that that Court proposes to adopt.

 

To ensure that there is no lacuna between the repeal of the existing Bankruptcy Rules and the commencement of the new Bankruptcy Rules the Judges have also agreed to adopt the Federal Circuit Court (Bankruptcy) Repeal Rules 2016 (the Repeal Rules) to repeal the existing Bankruptcy Rules.  The Repeal Rules also makes a consequential amendment to the Federal Circuit Court Rules 2001 and some transitional provisions regarding the continued use of forms prescribed under the existing Bankruptcy Rules for a limited period of time.

 

Subsection 8(8) of the Legislation Act 2003 provides that Rules of Court made for the Federal Circuit Court are not legislative instruments for the purposes of that Act.  As a result the Human Rights (Parliamentary Scrutiny) Act 2011 does not apply to any such Rules of Court and no statement of compatibility for the purposes of that latter Act is included in this Explanatory Statement.

 

Details of the Repeal Rules are in the Attachment.

 

The Repeal Rules commence at the same time as the new Bankruptcy Rules commence.

 


ATTACHMENT

 

Federal Circuit Court (Bankruptcy) Repeal Rules 2016

 

RULE 1 Name

 

This rule provides that the Rules are to be cited as the Federal Circuit Court (Bankruptcy) Repeal Rules 2016.

 

RULE 2 Commencement

 

This rule provides that these Rules commence at the same time as the Federal Circuit Court (Bankruptcy) Rules 2016.

 

RULE 3 Authority

 

This rule provides that these Rules are made under the Federal Circuit Court of Australia Act 1999.

 

RULE 4 Repeal of these Rules

 

This rule provides that these Rules are repealed at the start of the day after the end of the period of 6 months beginning on the day these Rules commence.

 

Schedules 1 and 2 to these Rules will be automatically repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003.  Schedule 3, which contains transitional provisions which will operate for a period of 6 months, will not be automatically repealed by that Division.  To avoid the need for separate Rules to be made once the transitional provisions are no longer required, this rule repeals these Rules with effect from the start of the day after that 6 month period has elapsed.

 

RULE 5 Schedules

 

This rule provides that each instrument specified in a Schedule to these Rules is amended or repealed as set out in the relevant Schedule and any other item in a Schedule has effect according to its terms.

 

SCHEDULE 1 - Repeals

 

Federal Circuit Court (Bankruptcy) Rules 2006

 

[1] The whole of the Federal Circuit Court (Bankruptcy) Rules 2006 is repealed.

 

SCHEDULE 2 – Consequential Amendment

 

Federal Circuit Court Rules 2001

 

[1] Rule 21.10 (note)

 

Rule 21.10 (note) refers to Part 13 of the Federal Circuit Court (Bankruptcy) Rules 2006.  This item deletes that reference and substitutes a reference to the Federal Circuit Court (Bankruptcy) Rules 2016.

 

SCHEDULE 3 – Transitional Provisions

 

[1] Forms

 

(1) This item applies for the purposes of the Federal Circuit Court (Bankruptcy) Rules 2016 during the 6 months from the commencement of the item where a person does something using a form which was prescribed by the Federal Circuit Court (Bankruptcy) Rules 2006 and the Federal Circuit Court (Bankruptcy) Rules 2016 requires that a form approved under those Rules be used to do that thing.

 

(2) The requirement of the Federal Circuit Court (Bankruptcy) Rules 2016 for doing that thing is taken to have been complied with by the person using a document that is substantially in accordance with the prescribed form or has only such variations as the nature of the case requires.

Overview

The Federal Circuit Court (Bankruptcy) Repeal Rules 2016, issued under Section 81 of the Federal Circuit Court of Australia Act 1999, were enacted to ensure a seamless transition from the existing Federal Circuit Court (Bankruptcy) Rules 2006 to the new Federal Circuit Court (Bankruptcy) Rules 2016. This legislative measure was necessary due to the automatic repeal of the existing bankruptcy rules on 1 April 2016, as mandated by the sunsetting provisions in Part 4 of Chapter 3 of the Legislation Act 2003. The Judges of the Federal Circuit Court collaborated with the Federal Court to develop the new Bankruptcy Rules, ensuring they are harmonised with the Federal Court's new rules. The Repeal Rules, therefore, not only facilitate the repeal of the old rules but also incorporate transitional provisions to allow continued use of forms prescribed under the old rules for a limited period. The Federal Circuit Court (Bankruptcy) Repeal Rules 2016, made by the Judges of the Federal Circuit Court, serve to repeal the existing Bankruptcy Rules and make consequential amendments to the Federal Circuit Court Rules 2001. The repeal rules also provide transitional provisions for the continued use of certain forms for six months. These rules are designed to ensure continuity in court proceedings and to prevent any procedural gaps during the transition period. The Repeal Rules were made under the authority of the Federal Circuit Court of Australia Act 1999, with the objective of maintaining the efficiency and effectiveness of the Court’s bankruptcy proceedings.

Scope and Application

The Federal Circuit Court (Bankruptcy) Repeal Rules 2016 are designed to repeal the existing Federal Circuit Court (Bankruptcy) Rules 2006 in conjunction with the adoption of the new Federal Circuit Court (Bankruptcy) Rules 2016. These rules apply to all parties involved in bankruptcy proceedings before the Federal Circuit Court, including trustees, creditors, and bankrupts. The rules cover the practice and procedure to be followed in these proceedings, ensuring a smooth transition from the old rules to the new ones. Geographically, the application of these rules is limited to the Federal Circuit Court of Australia, reflecting its jurisdiction in bankruptcy matters concurrent with that of the Federal Court of Australia under the Bankruptcy Act 1966. The Repeal Rules also incorporate transitional provisions to maintain continuity in the use of certain forms for a limited period following their repeal. The operation of these rules is subject to the Federal Circuit Court of Australia Act 1999 and the Legislation Act 2003, which governs the making of rules of court.

Key Provisions

The Federal Circuit Court (Bankruptcy) Repeal Rules 2016 are designed to repeal the existing Federal Circuit Court (Bankruptcy) Rules 2006 and facilitate the transition to the new Federal Circuit Court (Bankruptcy) Rules 2016. These Repeal Rules, which come into effect on the same day as the new Bankruptcy Rules, are created under the authority of the Federal Circuit Court of Australia Act 1999 (section 81). The repeal of the existing Bankruptcy Rules is automatic under the Legislation Act 2003, except for Schedule 3, which contains transitional provisions. These transitional provisions, which remain in effect for six months after the commencement of the new Rules, allow for the continued use of certain forms under the old Rules during this period. The Repeal Rules impose specific obligations on parties and entities governed by the Bankruptcy Act 1966. They require adherence to the transitional provisions set out in Schedule 3, which allow the use of forms prescribed under the old Bankruptcy Rules for six months. This transitional period ensures that parties can continue to use existing forms until new ones are approved under the new Bankruptcy Rules. Additionally, the Repeal Rules make a consequential amendment to the Federal Circuit Court Rules 2001, updating references from the old Bankruptcy Rules to the new ones. There are no specific offences, penalties, or civil or criminal consequences outlined in the Repeal Rules themselves. However, failure to comply with the transitional provisions or the new Bankruptcy Rules could potentially lead to procedural errors or delays in bankruptcy proceedings. While the Repeal Rules do not specify penalties, the underlying legislation, including the Bankruptcy Act 1966 and the Federal Circuit Court of Australia Act 1999, may impose penalties for non-compliance with court rules and procedures. These penalties could include fines or other sanctions as deemed appropriate by the Court.

Legal classification tags

Area of Law
Bankruptcy Law
Civil Litigation & Procedure
Instrument
Rules
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Delegated & Subordinate Legislation

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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.