BANKRUPTCY RULES (AMENDMENTS) 1980 NO. 385 BANKRUPTCY RULES (AMENDMENTS) 1980 NO. 385 - TABLE OF PROVISIONS 1. Commencement 2. Interpretation 3. How documents intituled 4. Application for issue of bankruptcy notice 5. 6. Registrar to fix time and place of hearing of counter-claim, &c. 7. Repeal of Rule 11 8. Procedure for presentation of petition 9. 10. Application for approval of composition or scheme 11. 12. 13. Report under sub-section 150 (3) of the Act 14. Applications for annulment under section 154 or 252A of the Act 15. Application to register as a trustee 16. Bonds 17. Repeal of Part VI 18. 19. 20. Modifications of provisions of Act applied by section 248 21. Quorum 22. Proxies 23. 24. Office copies 25. Proof of personal service of document 26. Affidavit of discovery 27. Repeal of Rule 159 28. Disallowance of unreasonable, &c., costs 29. Warrant under section 264B 30. Attachment of property 31. Payment of fees 32. Representation by next friend or guardian 33. Persons of unsound mind 34. Order appointing guardian ad litem 35. Schedule 1 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 1 Commencement 1. These Rules shall come into operation on 31 January 1981. 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 2 Interpretation 2. Rule 4 of the Bankruptcy Rules is amended by omitting from the definition of "filed" in sub-rule (1) "in the office of" and substituting "with". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 3 How documents intituled 3. Rule 5 of the Bankruptcy Rules is amended by omitting "filed in, or issued out of, the office of" (wherever occurring) and substituting "filed with, or issued by". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 4 Application for issue of bankruptcy notice 4. Rule 7 of the Bankruptcy Rules is amended by omitting from sub-rule (1) "in the office of" and substituting "with". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 5 5. After Rule 9 of the Bankruptcy Rules the following Rule is inserted: Extension of time for compliance with notice "9A. Where a debtor applies to the Court or the Registrar for an extension of time under sub-section 41 (6A) or (6B) on a ground specified in paragraph 41 (6A) (a) or 41 (6B) (a), the application shall be accompanied by- (a) a certificate from the Court before whom the proceedings referred to in that paragraph have been instituted; or (b) a copy of the application referred to in that paragraph.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 6 Registrar to fix time and place of hearing of counter-claim, &c. 6. Rule 10 of the Bankruptcy Rules is amended by inserting "and giving details of the counter-claim, set off or cross demand, as the case requires, and the reasons why he was unable to set up the counter-claim, set off or cross demand," after "the Act". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 7 Repeal of Rule 11 7. Rule 11 of the Bankruptcy Rules is repealed. 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 8 Procedure for presentation of petition 8. Rule 12 of the Bankruptcy Rules is amended by omitting from sub-rule (1) "in the office of" and substituting "with". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 9 9. Rule 24 of the Bankruptcy Rules is repealed and the following rule substituted: Form of debtor's petition "24. For the purposes of sub-section 55 (2) of the Act, a debtor's petition shall be in accordance with Form 9.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 10 Application for approval of composition or scheme 10. Rules 35 of the Bankruptcy Rules is amended by adding at the end thereof the following sub-rule: "(6) Rules 102 to 104 (inclusive) do not apply to or in relation to an application under sub-section 74 (1) of the Act.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 11 11. After rule 39 of the Bankruptcy Rules the following rule is inserted in Division 2: Prescribed amount for purposes of paragraph 116 (2) (c) the Act "39A. For the purposes of paragraph 116 (2) (c) of the Act, $1,000 is prescribed.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 12 12. After Division 4 of Part III of the Bankruptcy Rules the following Division is inserted: "Division 4A-Redirection Orders Redirection orders "45A. (1) A direction by the Registrar under section 79 of the Act- (a) shall be in accordance with Form 20A; and (b) shall be signed by the Registrar. "(2) A copy of the direction shall be served on the Australian Postal Commission and the Australian Telecommunications Commission.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 13 Report under sub-section 150 (3) of the Act 13. Rule 53 of the Bankruptcy Rules is amended by omitting from sub-rule (2) "registered post" and substituting "certified mail". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 14 Applications for annulment under section 154 or 252A of the Act 14. Rule 57 of the Bankruptcy Rules is amended by inserting in sub-rule (1) "or 252A" after "section 154". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 15 Application to register as a trustee 15. Rule 58 of the Bankruptcy Rules is amended- (a) by omitting from sub-rule (1) "in the office of" (wherever occurring) and substituting "with"; and (b) by omitting from sub-paragraph (ii) of paragraph (b) of sub-rule (2) "14" and substituting "28". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 16 Bonds 16. Rule 61 of the Bankruptcy Rules is amended by omitting from paragraph (a) of sub-rule (1) "$4,000" and substituting "$100,000". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 17 Repeal of Part VI 17. Part VI of the Bankruptcy Rules is repealed. 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 18 18. After rule 81 of the Bankruptcy Rules the following rule is inserted: Publication of notice under sub-section 224A (3) of the Act "81A. For the purposes of sub-section 224A (3) of the Act, the Registrar shall cause the notice referred to in that sub-section to be published in such newspaper or newspapers as he considers appropriate.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 19 19. After rule 84 of the Bankruptcy Rules the following rule is inserted: Certificates by trustee "84A. (1) A certificate by a trustee under section 232 of the Act shall be in accordance with Form 36B. "(2) A certificate by a trustee under section 237A of the Act shall be in accordance with Form 36C. "(3) A certificate by a trustee under section 243A shall be in accordance with Form 36D.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 20 Modifications of provisions of Act applied by section 248 20. Rule 90 of the Bankruptcy Rules is amended by omitting paragraphs (h) and (j) and substituting the following word and paragraph: "and (h) section 112 of the Act is amended by omitting from sub-section (2) 'spouse' and substituting 'widow or widower, as the case may be'.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 21 Quorum 21. Rule 96 of the Bankruptcy Rules is amended- (a) by omitting from sub-rule (1) "At a meeting" and substituting "Subject to sub-rule (1A), at a meeting"; and (b) by inserting after sub-rule (1) the following sub-rule: "(1A) Where only 1 creditor is entitled to vote at a meeting of creditors, that creditor, present personally, by attorney or by proxy, constitutes a quorum.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 22 Proxies 22. Rule 100 of the Bankruptcy Rules is amended- (a) by omitting "A person" and substituting "Subject to sub-rule (2), a person"; and (b) by adding at the end thereof the following sub-rule: "(2) A person shall not appoint as a proxy- (a) in the case of a meeting of creditors held to consider matters relating to the estate of a bankrupt-the bankrupt; or (b) in the case of a meeting of creditors held to consider matters relating to the estate of a debtor who has entered into a deed of arrangement, a deed of assignment or a composition under Part X of the Act-the debtor.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 23 23. Rules 115 and 116 of the Bankruptcy Rules are repealed and the following rules substituted: Records of Court "115. (1) A Registrar has the custody of the following, that is to say: (a) the records of the Court that are kept in the custody of the Registrar; (b) documents filed with the Registrar; (c) documents that are, or are ordered to be- (i) deposited with the Registrar for safe custody; or (ii) impounded by the Registrar or by the Court. "(2) Records and documents in the custody of the Registrar shall not, without the permission of the Registrar, be removed from the Registrar's custody, except- (a) as provided by sub-section 35 (2) of the Act; or (b) for use by the Court, a Judge or an officer of the Court. Sealing of process "116. The Registrar may- (a) in the case of a summons, order or warrant (other than a warrant referred to in sub-section 36 (2) of the Act), or any other process or document, that has been issued out of the Federal Court of Bankruptcy-sign and seal the summons, order, warrant, process or document; and (b) in the case of a summons, order or warrant (other than a warrant referred to in sub-section 36 (2) of the Act), or any other process or document, that has been issued out of any other court having jurisdiction in bankruptcy in the exercise of that jurisdiction-cause the summons, order, warrant, process or document to be signed and sealed on behalf of that court and file the summons, order, warrant, process or document.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 24 Office copies 24. Rule 117 of the Bankruptcy Rules is amended- (a) by omitting sub-rule (1) and substituting the following sub-rule: "(1) Subject to sub-rule (2), where- (a) a copy of a document filed with a Registrar in Bankruptcy is lodged with the Registrar; (b) the copy is a true copy; and (c) the fees specified in item 4 in Schedule 3 have been paid, the Registrar shall- (d) in the case of a document that was filed in connection with a proceeding in the Federal Court of Bankruptcy-seal the copy; and (e) in any other case-cause the copy to be sealed on behalf of the court by whom the document was issued or certify that the copy is a true copy of the document."; (b) by omitting from sub-rule (2) "stamp" and substituting "seal, cause to be sealed"; (c) by omitting from sub-rule (3) "stamping" and substituting "sealing, causing to be sealed"; and (d) by omitting from that sub-rule "stamp" and substituting "seal, cause to be sealed". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 25 Proof of personal service of document 25. Rule 122 of the Bankruptcy Rules is amended by omitting sub-rule (3) and substituting the following sub-rule: "(3) Where- (a) a document relating to a proceeding is, or is about to be, delivered to a person for the purpose of effecting service of the document on the person; and (b) the person admits to the person who delivered, or is about to deliver, the document to the first-mentioned person that the first-mentioned person is- (i) a specified person referred to in the document; or (ii) a specified person to whom the proceeding relates, the admission is evidence that the first-mentioned person is that specified person.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 26 Affidavit of discovery 26. Rule 147 of the Bankruptcy Rules is amended by omitting sub-paragraphs (i) and (ii) of paragraph (d) of sub-rule (2) and substituting the following sub-paragraphs: "(i) any book that relates to matters in question in the proceeding or in which an entry relating to such a matter has been made; or (ii) a copy of, or an extract from, any such book,". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 27 Repeal of Rule 159 27. Rule 159 of the Bankruptcy Rules is repealed. 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 28 Disallowance of unreasonable, &c., costs 28. Rule 164 of the Bankruptcy Rules is amended by inserting after sub-rule (1) the following sub-rule: "(1A) Where- (a) separate petitions are presented by a creditor against each of 2 of more joint debtors; and (b) the proceedings in respect of the petitions are subsequently consolidated by the Court in pursuance of section 53 of the Act, the taxing officer may, on taxation of a bill of costs in connection with proceedings in respect of the petition, disallow so much of the costs as he considers were unnecessarily incurred by the institution of separate proceedings.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 29 Warrant under section 264B 29. Rule 174 of the Bankruptcy Rules is amended by omitting from sub-rule (1) "section 81" and substituting "sub-section 264B (1)". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 30 Attachment of property 30. Rule 178 of the Bankruptcy Rules is amended by omitting sub-rule (1) and substituting the following sub-rule: "(1) Where- (a) the trustee of the estate of a bankrupt; or (b) a person authorized by the trustee, by writing under his hand in accordance with Form 57, takes possession of, or attaches, property of the bankrupt, he shall- (c) at the place and time of taking possession or attaching the property, make an inventory of the property; (d) date and sign the inventory; and (e) cause a copy of the inventory to be served on the bankrupt and, where the property is left in the custody of a person other than the bankrupt, that other person.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 31 Payment of fees 31. Rule 180 of the Bankruptcy Rules is amended by omitting "in the office of the Registrar" and substituting "by the Registrar". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 32 Representation by next friend or guardian 32. Rule 185 of the Bankruptcy Rules is amended by omitting from sub-rule (2) "in the office of the Registrar" and substituting "with the Registrar". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 33 Persons of unsound mind 33. Rule 187 of the Bankruptcy Rules is amended by omitting from sub-rule (2) "in the office of the Registrar" and substituting "with the Registrar". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 34 Order appointing guardian ad litem 34. Rule 191 of the Bankruptcy Rules is amended by adding at the end thereof the following sub-rule: "(2) An appointment under sub-rule (1) shall be in accordance with Form 58A.". 1980 No. 385 BANKRUPTCY RULES (AMENDMENTS) - REG 35 Schedule 1 35. Schedule 1 to the Bankruptcy Rules is amended- (a) by inserting in Form 4 "giving details of the counter-claim, set off or cross demand, as the case requires, and the reasons why you were unable to set up the counter-claim, set off or cross demand" after "file an affidavit to that effect"; (b) by omitting from Form 6 "file in my office" and substituting "file with me"; (c) by omitting from Form 9- "3. (If the petition is presented by a majority of the members of a partnership under section 56 of the Act, here set out that fact and also set out the full names, addresses and occupations of the other partners.)"; (d) by inserting after Form 9 the following form: FORM 9A Rule 24 DEBTOR'S PETITION UNDER REGON 56 (Title) 1. We, (full name of debtor) residing at (residential address) and (full name of debtor) residing at (residential address) who are/were carrying on business in partnership at (business address) under the style or firm name of (business name or partnership name) petition the Registrar in Bankruptcy for the abovementioned Bankruptcy District for the purpose of becoming bankrupts by force of section 56 of the Bankruptcy Act 1966. 2. (If the petition is presented by some, but not all, of the members of the partnership, here set out that fact and also set out the full names and addresses of the other partners). Dated this day of 19 . Signed by the debtors in my/our presence (Signature/s and address/es of witness/es) (e) by inserting after Form 20 the following form: FORM 20A Rule 45A DIRECTION UNDER REGON 79 (Title) Upon the application of (name of trustee) made under section 79 of the Act, the trustee of the property of the abovenamed bankrupt, I hereby direct that, for the period of (period) months from (date) , all postal articles and telegrams addressed to the said bankrupt at (address or addresses) shall be re-directed, sent or delivered by the Australian Postal Commission and the Australian Telecommunications Commission, as the case requires, to the said (name of trustee) . Dated this day of 19 . Registrar (f) by omitting from Form 25 "discharged from bankruptcy" and substituting "discharged from that bankruptcy"; (g) by inserting in paragraph 2 of Form 30 "in Bankruptcy" after "Registrar"; and (h) by inserting after Form 58 the following form: FORM 58A Rule 191 APPOINTMENT OF GUARDIAN AD LITEM (Title) Upon the application of (full name and address of applicant) and upon reading the affidavit of filed the day of 19 , I HEREBY APPOINT (full name of appointee) to be the guardian ad litem of (full name of person under disability) . Dated this day of 19 . Registrar. - NOTES 1980 No. 385 BANKRUPTCY RULES*1* *2* (AMENDMENTS) *1* Notified in the Commonwealth of Australia Gazette on 31 December 1980. *2* Statutory Rules 1968 No. 2 as amended by Statutory Rules 1975 No. 52; 1976 Nos. 105, 143 and 235; 1977 Nos. 32 and 36; 1978 No. 19; 1979 Nos. 157 and 243.