BANKRUPTCY RULES (AMENDMENT) 1988 NO. 261 BANKRUPTCY RULES (AMENDMENT) 1988 NO. 261 - TABLE OF PROVISIONS 1. Commencement 2. 3. Scale of costs 4. Fees and percentages 5. Schedule 3 6. Transitional 1988 No. 261 BANKRUPTCY RULES (AMENDMENT) - RULE 1 Commencement 1. These Rules commence on 1 November 1988. 1988 No. 261 BANKRUPTCY RULES (AMENDMENT) - RULE 2 2. Rule 31A of the Bankruptcy Rules is repealed and the following rule substituted: Copy of trustee's report to be sent to Official Receiver "31A. Where a registered trustee files a report with the Registrar in accordance with paragraph 19 (1) (c) of the Act, the registered trustee shall cause a copy of the report to be sent to the Official Receiver.". 1988 No. 261 BANKRUPTCY RULES (AMENDMENT) - RULE 3 Scale of costs 3. Rule 162 of the Bankruptcy Rules is amended: (a) by omitting from subrule (2) "$872" and substituting "$899"; (b) by omitting from paragraph (2) (a) "$77" and substituting "$80"; (c) by omitting from paragraph (2) (b) "$87" and substituting "$90"; (d) by omitting from subrule (2A) "$750" and substituting "$774, and, if the petitioning creditor has been granted his or her costs of an adjournment of the proceeding, a further amount in respect of that adjournment: (a) if counsel attended on the hearing when the proceeding was adjourned-of $80; or (b) in any other case-$90.". 1988 No. 261 BANKRUPTCY RULES (AMENDMENT) - RULE 4 Fees and percentages 4. Rule 179 of the Bankruptcy Rules is amended: (a) by omitting from subrule (5) "trustee for distribution to the creditors, or the sum of the total amounts so received" and substituting "trustee, or the sum of the total amounts received"; (b) by omitting from subrule (5) all words after "relates" and substituting "less: (a) any amounts paid to secured creditors in respect of their securities before that date; (b) any amounts paid by any trustee in carrying on the business of the bankrupt, deceased person or debtor; and (c) the amount of any surplus to which the bankrupt is entitled by virtue of section 148 of the Act.". 1988 No. 261 BANKRUPTCY RULES (AMENDMENT) - RULE 5 Schedule 3 5. Schedule 3 to the Bankruptcy Rules is repealed and the following Schedule substituted: SCHEDULE 3 SCALE OF SOLICITORS' COSTS ------------------------------------------------------------------------------ -- Item No. Matters in connection with which costs are payable Amount ------------------------------------------------------------------------------ -- Instructions 1 For bankruptcy notice, including application for issue of the notice .............................................. 40 2 For petition, including affidavit verifying petition, or to oppose petition (not including, where applicable, any special affidavit in support) ........................... 70 3 To make or oppose an application to the Court ........... 40 4 To make or oppose an application in Chambers or for an examination before the Registrar ........................ 40 5 For special affidavit ................................... 24 6 For case for opinion of counsel or for counsel to advise on evidence 50 7 For brief for counsel .................................. 70 8 For statement of affairs, including affidavit verifying. 90 9 For a necessary document not otherwise provided for ..... 1988 No. 261 BANKRUPTCY RULES (AMENDMENT) - RULE 6 Transitional 6. (1) The provisions of subrule 162 (2) of the Bankruptcy Rules as in force immediately before the commencement of these Rules apply in relation to proceedings instituted before that commencement and not earlier than 12 October 1987 as if the amendments made by rule 3 had not been made. (2) The provisions of Schedule 3 to the Bankruptcy Rules as in force immediately before the commencement of these Rules apply in relation to work done and services performed before that commencement and not earlier than 12 October 1987 as if the amendment made by rule 5 had not been made. - NOTES 1988 No. 261*1* BANKRUPTCY RULES*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 31 October 1988. *2* Statutory Rules 1968 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 19 and see also Statutory Rules 1988 No. 19.