EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 317
FEDERAL MAGISTRATES COURT (BANKRUPTCY) AMENDMENT RULES 2009 (NO. 1)
Issued by the authority of the Federal Magistrates of the Federal Magistrates Court of Australia.
Section 81 of the Federal Magistrates Act 1999 permits the Federal Magistrates 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 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 Magistrates Act 1999 the Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act) applies in relation to rules of court made by the Court under the Federal Magistrates 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 Federal Magistrate acting on behalf of the Federal Magistrates of the Court; and
(c) subject to such further modifications or adaptations as are provided for in regulations made under section 120 Federal Magistrates Act 1999.
The Federal Magistrates have agreed to adopt the Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 No. 1 (‘the Amendment Rules’).
The Amendment Rules include miscellaneous amendments to the Federal Magistrates Court Bankruptcy Rules 2006 (‘the Rules’), to make a minor amendment to the note on Form 7 by setting out the title of the enabling Act the Federal Magistrates Act 1999,to clarify that this is the Act which is referred to. In addition the reference to Rule 2.03 on Form 7 is amended by way of clarification, to avoid any confusion that the reference is to Rule 2.03 of the Federal Magistrates Court (Bankruptcy) Rules 2006
The Amendment Rules have been the subject of consultation with the Federal Court
Details of the Amendment Rules are in the Attachment.
The Amendment Rules commence on 30 November 2009
ATTACHMENT
Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 (No. 1)
1 – Name of Rules
Rule 1 provides that the Rules are to be cited as the Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 (No. 1).
Rule 2 – Commencement
Rule 2 provides that the Rules will commence on 30 November 2009
Rule 3 – Amendment to the Federal Magistrates Court (Bankruptcy) Rules 2006
Rule 3 provides that the Rules are amended as set out in Schedules 1
SCHEDULE 1
[1] Schedule 1,Form 7, note
The amendment makes a minor amendment to the note on Form 7 by setting out the title of the enabling Act, the Federal Magistrates Act 1999, to clarify that this is the Act which is referred to.
[2] Schedule 1, Form 7, note
The reference to Rule 2.03 on the note to Form 7 is amended by way of clarification, to avoid any confusion that the reference is to Rule 2.03 of the Federal Magistrates Court (Bankruptcy) Rules 2006
Overview
The Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 (No. 1) were issued under the authority of the Federal Magistrates of the Federal Magistrates Court of Australia to make minor amendments to the Federal Magistrates Court Bankruptcy Rules 2006. Enacted in 2009, these rules aim to provide clarity and avoid confusion in the references and notes of the court’s bankruptcy rules, particularly with respect to the Federal Magistrates Act 1999 and specific rule citations. The rules were subject to consultation with the Federal Court and are set to commence on 30 November 2009, reflecting the Federal Magistrates Court's commitment to efficient and clear procedural governance in bankruptcy matters.
Scope and Application
The Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 (No. 1) are an amendment to the Federal Magistrates Court Bankruptcy Rules 2006. These Amendment Rules are applicable to the practice and procedures followed within the Federal Magistrates Court, particularly in the context of bankruptcy proceedings. They are designed to make minor amendments to the rules, clarifying references and avoiding confusion, thereby ensuring the smooth operation of the Court's business. The Amendment Rules are made under section 81 of the Federal Magistrates Act 1999, which empowers the Federal Magistrates or a majority of them to create rules that are not inconsistent with the Act. The rules apply to all individuals and entities involved in bankruptcy proceedings before the Federal Magistrates Court, affecting their conduct and the transactions they undertake within this judicial setting. These rules are applicable nationally as they pertain to the Federal Magistrates Court, which has jurisdiction across Australia. The Amendment Rules do not introduce new substantive rights or obligations but rather aim to refine the procedural aspects of bankruptcy cases to enhance clarity and effectiveness. The Amendment Rules will commence on 30 November 2009, as specified in Rule 2 of the Amendment Rules.
Key Provisions
The Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 (No. 1) (the Amendment Rules) consist of several key provisions. Rule 1 specifies that these rules are to be cited as such, and Rule 2 establishes the commencement date of these rules as 30 November 2009. Rule 3 indicates that the Amendment Rules are amendments to the Federal Magistrates Court (Bankruptcy) Rules 2006. The primary amendments are detailed in Schedule 1, which includes minor changes to Form 7. Specifically, the note on Form 7 is amended to explicitly state the title of the enabling Act, the Federal Magistrates Act 1999, to eliminate any ambiguity. Additionally, the reference to Rule 2.03 on the note to Form 7 is clarified to ensure it is not mistaken for Rule 2.03 of the Federal Magistrates Court (Bankruptcy) Rules 2006.
The Amendment Rules impose certain obligations on the parties and entities governed by the Federal Magistrates Court Bankruptcy Rules 2006. Firstly, they require that all references to the enabling Act on Form 7 be explicitly stated as the Federal Magistrates Act 1999. This aims to ensure clarity and prevent any misinterpretation regarding the source of authority. Secondly, the rules necessitate that the reference to Rule 2.03 on Form 7 be clarified to avoid confusion with another rule within the same set of regulations. These obligations are designed to streamline the application process and reduce potential administrative errors.
Failure to comply with the provisions of the Amendment Rules could lead to various consequences, although specific offences or penalties are not detailed within the rules themselves. Generally, non-compliance with Federal Magistrates Court rules could result in civil or criminal consequences, depending on the severity of the breach. For instance, incorrect or misleading information on legal forms could lead to administrative penalties, delays in proceedings, or even legal action. The Federal Magistrates Act 1999 and the broader legislative framework may outline further penalties for significant breaches, which could include fines or other sanctions as deemed appropriate by the Court.
In summary, the Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 (No. 1) primarily aim to enhance clarity and precision in the application process by making minor but crucial amendments to Form 7. These amendments impose specific obligations on the parties involved, requiring clear references to the enabling Act and avoiding confusion with other rules. While the Amendment Rules do not specify detailed penalties for non-compliance, adherence is crucial to avoid potential administrative, civil, or criminal consequences as outlined in the broader legislative framework.