BANKRUPTCY RULES (AMENDMENT) 1986 NO. 95 BANKRUPTCY RULES (AMENDMENT) 1986 NO. 95 - TABLE OF PROVISIONS 1. Application for issue of bankruptcy notice 2. Procedure for presentation of petition 3. Personal service of bankruptcy notice or creditor's petition 4. 5. Examination of bankrupts 6. Prescribed order for the purposes of paragraph 109 (1) (a) of the Act 7. Bonds 8. 9. 10. Schedule 1-Form 31A 11. 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 1 Application for issue of bankruptcy notice 1. Rule 7 of the Bankruptcy Rules is amended by inserting after sub-rule (4) the following sub-rule: "(4A) An applicant filing an application based on a judgment or order for an amount expressed in a foreign currency shall, together with the application, file a statutory declaration deposing to the applicable rate of exchange, ascertained in accordance with sub-section 41 (2B) of the Act, in respect of that amount.". 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 2 Procedure for presentation of petition 2. Rule 12 of the Bankruptcy Rules is amended- (a) by adding "and" at the end of paragraph (3) (ba); and (b) by omitting paragraph (3) (bb). 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 3 Personal service of bankruptcy notice or creditor's petition 3. Rule 15 of the Bankruptcy Rules is amended by omitting sub-paragraph (b) (iii) and substituting the following sub-paragraph: "(iii) where a registered trustee has consented, as referred to in paragraph 12 (3) (ba), to act as the trustee-a copy of the consent,". 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 4 4. Rule 24AA of the Bankruptcy Rules is repealed and the following rule substituted: Filing of trustee's consent "24AA. Where- (a) a debtor presents to the Registrar a petition under section 55 of the Act; or (b) two or more debtors, being members of a partnership or joint debtors who are not in partnership with one another, present to the Registrar a petition under section 56 or 57 of the Act, and a registered trustee has consented to act as trustee of the estate of the debtor or of the joint and several estates of those debtors, as the case may be, and, at the time of that presentation, that consent has not been revoked, the debtor or debtors, as the case may be, shall, at that time, file with the Registrar a copy of the instrument of consent.". 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 5 Examination of bankrupts 5. Rule 32 of the Bankruptcy Rules is amended- (a) by omitting "trustee" (wherever occurring) and substituting "applicant"; (b) by inserting in sub-rule (3) "and sub-section 19 (1A)" after "paragraph 19 (1) (e)"; and (c) by adding at the end the following sub-rules: "(4) Where an examination referred to in sub-rule (1) is to take place pursuant to an application under section 69 of the Act by the Official Receiver, the trustee shall, upon request made in writing by the Official Receiver, not later than 7 days after the day on which the request is made, provide to the Official Receiver a list certified by the trustee setting out the names and addresses of the creditors. "(5) In this rule, 'applicant' means the trustee or, in relation to an examination pursuant to an application under section 69 of the Act by the Official Receiver, the Official Receiver.". 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 6 Prescribed order for the purposes of paragraph 109 (1) (a) of the Act 6. Rule 40 of the Bankruptcy Rules is amended by omitting paragraphs (c), (d), (e), (f) and (g) and substituting the following paragraphs: "(b) second, in payment of the fees, percentages and charges payable under sub-rules 179 (2) and 181 (1) and (2) and any other fees, costs, charges and expenses payable by the trustee in the course of the administration of the bankruptcy; (c) third, in payment to a creditor who has deposited an amount in accordance with an order made under section 50 of the Act or upon application made under rule 18 of an amount equal to so much of the amount so deposited as has been used for meeting the expenses referred to in that rule; (d) fourth, in payment of the taxed costs of the petitioning creditor or the taxed costs of the applicant for a sequestration order under Part X of the Act; (e) fifth, in payment of the remuneration of the trustee; (f) sixth, in payment of the reasonable out-of-pocket expenses incurred by a member of the committee of inspection, as allowed by the Court; (g) seventh, in payment of the costs of any audit carried out under section 175 of the Act, not being an audit carried out by the Auditor-General.". 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 7 Bonds 7. Rule 61 of the Bankruptcy Rules is amended- (a) by omitting from sub-rule (1) "155 (2)" and substituting "155 (3a)"; (b) by inserting in paragraph (1) (a) "prescribed" after "amount"; and (c) by omitting from sub-rule (2) "155 (2)" and substituting "155 (3a)". 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 8 8. After rule 61 of the Bankruptcy Rules the following rule is inserted: Registration as trustee "61A. For the purposes of sub-section 155(3A) of the Act- (a) a body specified in Column 2 of an item in Part I of Schedule 2 is a prescribed body; (b) a university specified in Column 2 of an item in Part II of Schedule 2 is a prescribed university; and (c) an institution specified in Column 2 of an item in Part III of Schedule 2 is another prescribed institution.". 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 9 9. After rule 63 of the Bankruptcy Rules the following rule is inserted: Triennial statements by registered trustee "63A. (1) A statement required for the purposes of section 161A of the Act shall be in accordance with Form 31A. "(2) For the purposes of section 161A of the Act, the information prescribed is the information required by Form 31A.". 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 10 Schedule 1-Form 31A 10. Schedule 1 to the Bankruptcy Rules is amended by inserting after Form 31 the following form: FORM 31A Rule 63A TRIENNIAL STATEMENT BY REGISTERED TRUSTEE IN RESPECT OF ------------------------------------------------------------------------------ -- THE PERIOD .............................. 19.......... TO .............................. 19.......... 1. (a) Surname of person making Statement Christian or given names ------------------------------------------------------------------------------ -- (b) Residential address ------------------------------------------------------------------------------ -- (c) Full address and telephone number of the principal place at which the person carries on business as trustee ------------------------------------------------------------------------------ -- (d) Full addresses and telephone numbers of any other places whether within Australia or elsewhere at which the person carries on business as trustee ------------------------------------------------------------------------------ -- (e) Names and addresses of any accounting firms of which the person is a member ------------------------------------------------------------------------------ -- (f) Names and addresses of any employers ------------------------------------------------------------------------------ -- (g) Any name, other than the person's own name, or style, under which the person carries on business as trustee ------------------------------------------------------------------------------ -- 2. (a) Is the person a resident of Australia? (Answer "Yes" or "No". If the answer is "No", attach annexure showing the address or addresses where the person is resident). (b) Has the person at any time in the 3 years to which this Statement relates been resident in any country other than Australia? (Answer "Yes" or "No". If the answer is "Yes", attach annexure showing- (i) periods when person not a resident; (ii) reasons for absence; and (iii) the address or addresses where residence was established). ............................................................................ ------------------------------------------------------------------------------ -- 3. State whether the person has, in the 3 years to which this Statement relates, been convicted in Australia or elsewhere of any offence other than a traffic offence. (Answer "Yes" or "No". If the answer is "Yes", attach annexure giving details, including the name of the court and the penalty). ............................................................................ ------------------------------------------------------------------------------ -- 4. State whether there are any legal proceedings pending against the person which may result in action of a sort requiring disclosure under paragraph 3. (Answer "Yes" or "No". If the answer is "Yes", attach annexure giving full details). ............................................................................ ------------------------------------------------------------------------------ -- 5. State whether the person has, in the 3 years to which this Statement relates, resigned, or been removed, from office as trustee of an estate. (Answer "Yes" or "No". If the answer is "Yes", attach annexure giving full details, including- (a) the name and number of the estate; (b) the date of the resignation or removal; and (c) the reasons for the resignation or removal). ............................................................................ ------------------------------------------------------------------------------ -- 6. Has the person making this Statement, in the 3 years to which it relates- (a) been declared bankrupt; (b) entered into a deed of arrangement or assignment or made an offer of composition to his or her creditors under Part X of the Bankruptcy Act 1966; or (c) been served with a bankruptcy notice or creditor's petition? (Answer "Yes" or "No". If the answer is "Yes", attach annexure giving full details). ------------------------------------------------------------------------------ -- Dated ..................................................... 19............... ............................... (Signature) ------------------------------------------------------------------------------ -- 1986 No. 95 BANKRUPTCY RULES (AMENDMENT) - RULE 11 11. After Schedule 1 to the Bankruptcy Rules the following Schedule is inserted: SCHEDULE 2 Rule 61A PART I PRESCRIBED BODIES, UNIVERSITIES AND OTHER INSTITUTIONS PRESCRIBED BODIES ------------------------------------------------------------------------------ -- Column 1 Column 2 Item No. Prescribed body ------------------------------------------------------------------------------ -- 1 Canadian Institute of Chartered Accountants 2 New Zealand Society of Accountants 3 The American Institute of Certified Accountants 4 The Association of Certified and Corporate Accountants (United Kingdom) 5 The Australian Society of Accountants 6 The Institute of Chartered Accountants in Australia 7 The Institute of Chartered Accountants in England and Wales 8 The Institute of Chartered Accountants in Ireland 9 The Institute of Chartered Accountants in Scotland ------------------------------------------------------------------------------ -- PART II PRESCRIBED UNIVERSITIES ------------------------------------------------------------------------------ -- Column 1 Column 2 Item No. Prescribed university ------------------------------------------------------------------------------ -- 1 Australian National University 2 Deakin University 3 James Cook University of North Queensland 4 Latrobe University 5 Macquarie University 6 Monash University 7 University of Adelaide 8 University of Melbourne 9 University of Newcastle 10 University of New England 11 University of New South Wales 12 University of Queensland 13 University of Sydney 14 University of Tasmania 15 University of Western Australia 16 University of Wollongong ------------------------------------------------------------------------------ -- PART III OTHER PRESCRIBED INSTITUTIONS ------------------------------------------------------------------------------ -- Column 1 Column 2 Item No. Other prescribed institution ------------------------------------------------------------------------------ -- 1 Avondale College 2 Ballarat College of Advanced Education 3 Bendigo College of Advanced Education 4 Brisbane College of Advanced Education 5 Canberra College of Advanced Education 6 Capricornia Institute of Advanced Education 7 Caulfield Institute of Technology 8 Chisholm Institute of Technology 9 Churchlands College 10 Darling Downs Institute of Advanced Education 11 Footscray Institute of Technology 12 Gippsland Institute of Advanced Education 13 Kuring-gai College of Advanced Education 14 Mitchell College of Advanced Education 15 Nepean College of Advanced Education 16 N.S.W. Institute of Technology 17 North Brisbane College of Advanced Education 18 Northern Rivers College of Advanced Education 19 Phillip Institute of Technology 20 Prahran College of Advanced Education 21 Preston Institute of Technology 22 Queensland Institute of Technology 23 Riverina College of Advanced Education 24 Royal Melbourne Institute of Technology Limited 25 South Australia Institute of Technology 26 Swinburne Limited 27 Tasmanian College of Advanced Education 28 Victoria College 29 Warnambool Institute of Advanced Education 30 Western Australian Institute of Technology - NOTES 1986 No. 95*1* BANKRUPTCY RULES*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 19 May 1986. *2* Statutory Rules 1968 No. 2 as amended to date. For previous amendments see Statutory Rules 1986 No. 84 and see also Statutory Rules 1986 No. 84.