BANKRUPTCY RULES (AMENDMENT) 1989 NO. 182 BANKRUPTCY RULES (AMENDMENT) 1989 NO. 182 - TABLE OF PROVISIONS 1. 2. Form of debtor's petition 3. Registrar's endorsement on debtor's petition to be stamped 4. Notice of hearing of reference of debtor's petition by Court 5. 6. Examination of bankrupts 7. Notices of opposition to discharge 8. 9. Representation on behalf of Inspector-General 10. 11. 12. 13. 14. Notice of execution of deed etc. 15. 16. 17. Modification of Part X of the Act for purposes of section 187A 18. Conduct money and witnesses' allowances 19. 20. Schedule 1 21. Application SCHEDULE 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 1 1. After rule 17 of the Bankruptcy Rules the following rules are inserted: Summons to debtor or examinable person for examination under section 50 of the Act "17A. (1) An application to the Court for a summons under subsection 50 (2) of the Act shall: (a) be in writing; (b) identify the person whom it is sought to examine, and the person in relation to whose affairs it is sought to examine the first-mentioned person; (c) if the summons applied for is to contain a requirement under subsection 50 (4) of the Act-specify the books or classes of books that the first-mentioned person is to produce at the examination; and (d) be supported by an affidavit setting out: (i) the enquiries that have been made concerning the subject matter of the proposed examination and, where applicable, the reason for requiring the production of any books or classes of books; (ii) details of the request made to the first-mentioned person to provide the required information and, where applicable, to produce the books or classes of books for inspection, and the result, or the reason where no request has been made; and (iii) the circumstances of any refusal or failure of the person to co-operate in complying with the request. "(2) A summons issued under that subsection shall be in accordance with Form 7A. "(3) The Registrar shall cause the summons to be signed and sealed on behalf of the court. Modification of provisions of the Act applied by section 50 "17B. For the purposes of subsection 50 (5) of the Act, section 81 of the Act is modified: (a) by omitting from subsection (2) 'An' and substituting 'Subject to subsection (2A), an'; (b) by inserting after subsection (2) the following subsection: '(2A) The Court, the Registrar or a magistrate may direct that an examination, or any part of an examination, under this section shall be held in private.'; (c) by omitting from subsection (9) 'is the trustee' and substituting 'has been directed to take control of the property of the debtor'; (d) by omitting subsection (10A); (e) by omitting subsection (14) and substituting the following subsections: '(14) Subject to subsection (14A), the applicant for an examination under this section shall pay the costs incurred in connection with the examination. '(14A) The Court, the Registrar or a magistrate may order that all or some of the costs mentioned in subsection (14) shall by paid by the debtor.'.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 2 Form of debtor's petition 2. Rule 24 of the Bankruptcy Rules is amended: (a) by omitting from subrule (2) "sub-section 56 (3)" and substituting "subsection 56 (2)"; (b) by omitting from subrule (3) "sub-section 57 (3)" and substituting "subsection 57 (2)". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 3 Registrar's endorsement on debtor's petition to be stamped 3. Rule 24A of the Bankruptcy Rules is amended by omitting "sub-section 55 (3)" and substituting "subsections 55 (4A), 56 (4) or 57 (5)". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 4 Notice of hearing of reference of debtor's petition by Court 4. Rule 25 of the Bankruptcy Rules is amended: (a) by omitting from paragraph (1) (a) "sub-section 55 (4)" and substituting "subsection 55 (3)"; (b) by omitting from paragraph (1) (b) "sub-section 57 (5)" and substituting "subsection 57 (3)". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 5 5. Rule 30 of the Bankruptcy Rules is repealed and the following Rules are substituted: Affidavit verifying statement of affairs "30. An affidavit verifying a statement of affairs, other than a statement of affairs for the purposes of subsection 246 (1) or 247 (1) of the Act, shall be in accordance with Form 10. Form of statement of affairs "30A. For the purposes of paragraphs 54 (1) (a), 55 (2) (b), 56 (2) (a), 56 (13) (a) and (b) and 57 (2) (a) of the Act, a statement of affairs shall be in a form provided by the Registrar for the purpose, and shall contain the following information: (a) in respect of every statement of affairs: (i) the name, address and date of birth of the debtor; (ii) the debts and liabilities (including contingencies) owed by the debtor or, where the amount of a debt or liability is unknown and cannot reasonably be ascertained or quantified, a fair and reasonable estimate of the amount and a brief statement of the circumstances that prevent the amount being precisely stated, and in each case the year when the debt or liability was contracted and the creditor's name; (iii) full particulars of property in which the debtor has an interest, either at law or in equity, including debts owed to the debtor, and trusts, mortgages or other charges over or affecting the property, or, where the amount of the debtor's interest is unknown and cannot reasonably be ascertained or quantified, a fair and reasonable estimate of the amount and a brief statement of the circumstances that prevent the amount being precisely stated; (iv) all dispositions of property, including dates and the names of recipients and any consideration paid or payable to the debtor, made by the debtor in the period of 5 years preceding the date of the statement or the date of the bankruptcy (whichever is earlier); (v) full particulars of any litigation (including the court, the nature of the litigation, the capacity of the debtor in the litigation, the amount in issue in the case of a liquidated claim, and any right or claim of the debtor to a set-off or counter-claim or to relevant insurance or other indemnity) in which the debtor is involved or which is pending against the debtor; (vi) a description of any business in which the debtor is involved, or has been involved during the applicable period mentioned in subparagraph (iv); (vii) particulars of the amounts and sources of all income received by the debtor in the period of 2 years preceding the date of the statement; (viii) the names and ages of all persons dependent (wholly or in part) on the debtor, and the relationship of each dependant to the debtor; (ix) a statement whether the debtor has ever previously been bankrupt or entered into a deed of arrangement, a deed of assignment or a composition under Part X of the Act or under the repealed Act, or any analogous overseas legislation; and (b) in the case of a statement of affairs by a debtor who, during the period of 5 years preceding the date of the statement or the date of the bankruptcy (whichever is earlier), has been in business as a partner or sole proprietor, or has been a trustee of a trust that has carried on a business, or a director or other officer of a company that has been involved directly or indirectly in the carrying on of a business: (i) a statement of the nature and type of business; (ii) the registered or principal office of the business and all other addresses or locations at which the business is conducted, or has been conducted during the period of 5 years preceding the date of the statement or the date of the bankruptcy (whichever is earlier); (iii) the location or locations of the books of account and records of the business and the name and address, or names and addresses, of the person or persons having custody or control of those books and records; and (iv) the registered business name (if any). Statement of affairs by joint debtors "30B. (1) Joint debtors, whether partners or not, shall file with the Registrar a statement of their joint affairs, in accordance with a form to be provided by the Registrar. "(2) The form mentioned in subrule (1) shall provide for the joint debtors to state the matters specified in subrule 78 (2).". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 6 Examination of bankrupts 6. Rule 32 of the Bankruptcy Rules is amended: (a) by omitting from subrule (1) "the examination of a bankrupt" and substituting "an examination"; (b) by omitting from subrule (1) "the bankrupt" (twice occurring) and substituting "the examinee"; (c) by omitting from subrule (1B) "the examination of a bankrupt" and substituting "an examination"; (d) by omitting from paragraph 2(a) "bankrupt" and substituting "examinee"; (e) by omitting from paragraph 2(b) "of the bankrupt"; (f) by omitting from subrule (3) "the public examination of a bankrupt" and substituting "an examination"; (g) by omitting subrule (5) and substituting the following subrules: "(5) An applicant may apply for a direction: (a) that the examinee produce the specified books, or classes of books, at the commencement of an examination referred to in subrule (1)-by applying in writing to the Registrar concurrently with an application under subsection 69 (1) of the Act; or (b) that the examinee produce the specified books, or classes of books, on the date and at the time stated in the direction-by applying orally or in writing to the Court, the Registrar or the magistrate after the Registrar has fixed the day, time and place for the examination and before the examination is concluded. "(6) An application for a direction shall: (a) specify the books or classes of books that it is sought to have produced; and (b) be supported by an affidavit setting out: (i) the reason for requiring the production of the books or classes of books; (ii) details of the request made to the examinee to produce the books or classes of books for inspection, and the result, or, where no request has been made, the reason; and (iii) the circumstances of any refusal or failure of the examinee to co-operate in complying with the request. "(7) Where an application for a direction is made under paragraph 5 (a): (a) a copy of the application and of the supporting affidavit shall be served on the examinee not less than 7 clear days before the day fixed for the commencement of the examination; and (b) an examinee may, at least 2 clear days before that day, file a notice of intention to dispute the whole, or a specified part, of the application. "(8) The Court to which, or the Registrar or the magistrate to whom, an application for a direction is made may, if it, he or she sees fit, make a direction ex parte in terms of the application if: (a) in the case of an application under paragraph 5 (a), the Registrar is satisfied that the documents mentioned in paragraph 7 (a) were served on the examinee in accordance with that paragraph and that the examinee has not filed a notice in accordance with paragraph 7 (b); (b) in the case of an application under paragraph 5 (b), the Court, the Registrar or the Magistrate is satisfied that the examinee has had reasonable notice of the application; or (c) in any case-the examinee has consented, orally or in writing, to the direction. "(9) Where the Court, the Registrar or the magistrate makes a direction, it, he or she may: (a) require the examinee to produce specified books, or classes of books, to the Court or a person, and on a day and at a time and place, specified in the direction; (b) adjourn the examination in order to give the examinee a reasonable period of time to comply with the direction; (c) order that a specified person, or specified persons, be at liberty to inspect, and copy or make extracts of, all or any specified part or parts of the books produced in accordance with the direction; and (d) give directions concerning the marking for identification, and the retention or disposal, of the books produced. "(10) 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; 'direction' means a direction under subsection 69 (13) of the Act; 'examinee' has the same meaning as in section 69 of the Act.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 7 Notices of opposition to discharge 7. Rule 55 of the Bankruptcy Rules is amended by omitting "whose debt has been proved" and substituting "who has a provable debt". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 8 8. Rule 66 of the Bankruptcy Rules is repealed and the following rules are substituted: Examination of trustees and other persons "66. (1) An application under section 179A of the Act shall: (a) be in writing; (b) identify the person whom it is sought to examine and the bankruptcy or bankruptcies in relation to which it is sought to examine the person; (c) if the summons applied for is to contain a requirement mentioned in subsection 179C (2) of the Act-specify the books or classes of books that the person is to produce at the examination; and (d) be supported by an affidavit setting out: (i) the enquiries that have been made concerning the subject matter of the application and, where applicable, the reason for requiring the production of any books or classes of books; (ii) details of the request made to the person to provide the required information and, where applicable, to produce the books or classes of books for inspection, and the result, or, where no request has been made, the reason; and (iii) the circumstances of any refusal or failure of the person to co-operate in complying with the request. "(2) If the application is one to which paragraph (1) (c) applies, a copy of the application and of the affidavit in support of the application shall be served on the person whom it is sought to examine and an affidavit verifying the service shall be filed, and that person may, within 7 days of being served with those documents, file with the Registrar: (a) a notice of objection to produce the books or classes of books specified in the application for a direction, or such of those books or classes of books as the notice may specify; and (b) an affidavit setting out the grounds of the objection. "(3) The Registrar shall consider any documents filed under paragraphs (2) (a) and (b) and, if the Registrar issues a summons in the matter under subsection 179B (1) of the Act, he or she shall either grant or dismiss the application for a requirement mentioned in subsection 179C (2) of the Act, and shall in either case record and file a statement of reasons. "(4) When the Registrar has issued, or refused to issue, a summons under subsection 179B (1) of the Act, he or she shall provide, upon request by the applicant or the person whose examination was requested, a statement of reasons. Summons under subsection 179B (1) of the Act "66AA. (1) A summons under subsection 179B (1) of the Act shall: (a) be in accordance with Form 32A; (b) be signed and stamped by the Registrar; and (c) be served personally on the person to be examined. "(2) Where the summons contains a requirement mentioned in subsection 179C (2) of the Act, the Registrar may: (a) require the person being examined to produce specified books, or classes of books, to the Court or a person, on a day and at a time and place, specified in the direction; (b) order that a specified person, or specified persons, be at liberty to inspect, and copy or make extracts of, all or any specified part or parts of the books produced in accordance with the direction; and (c) give directions concerning the marking for identification, and the retention or disposal, of the books produced. "(3) The Registrar shall not commence an examination under Division 4A of Part VIII of the Act unless: (a) the Registrar is satisfied by evidence: (i) that the summons was served personally on the person to be examined; or (ii) that the summons came to the notice of the person and that the person is not likely to be prejudiced by the absence of due service; or (b) the person does not object to being examined. "(4) Where the person sought to be examined fails to appear in accordance with the summons, the Registrar may: (a) hear submissions by or on behalf of any person entitled to appear or be represented at the examination; (b) either: (i) adjourn the examination to a fixed day and time, or generally; or (ii) discharge the summons; and (c) if the Registrar is satisfied by evidence that the summons was served on the person to be examined in accordance with subrule (1), and the Registrar does not discharge the summons-issue a warrant for the arrest of the person. Application during examination for production of books "66AB. (1) During an examination, the applicant for the examination or any person who is represented, or is participating in person, at the examination may apply orally or in writing to the Registrar for a direction that the person being examined produce at the examination specified books, or classes of books, that are in the possession of the person and relate to examinable matters in relation to the relevant trustee. "(2) Where an application is made under subrule (1), the Registrar may hear: (a) the applicant for the examination; (b) if that applicant is not the person applying for the direction-that person; and (c) the person being examined; on the application, and may: (d) require the person being examined to produce specified books, or classes of books, to the Court or a person, on a day and at a time and place, specified in the direction; (e) adjourn the examination in order to give the person being examined a reasonable period of time to comply with the direction; (f) order that a specified person, or specified persons, be at liberty to inspect, and copy or make extracts of, all or any specified part or parts of the books produced in accordance with the direction; and (g) give directions concerning the marking for identification, and the retention or disposal, of the books produced. Notice of adjournment of examination "66AC. Where an examination under Division 4A of Part VIII of the Act is adjourned otherwise than to the next sitting day the applicant shall, as soon as practicable, give to the person being examined and to any person who has been represented, or who has participated in person, at the examination notice in writing of the place, date and time fixed for the resumption of the examination.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 9 Representation on behalf of Inspector-General 9. Rule 70A of the Bankruptcy Rules is amended: (a) by omitting "Where" and substituting "(1) Subject to subrule (2), where"; (b) by adding at the end of the rule the following subrule: "(2) Where the relevant trustee, within the meaning of Division 4A of Part VIII, or Division 2A of Part X, of the Act, is the Official Trustee, the Official Receiver may not represent the Inspector-General at an examination under either of those Divisions.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 10 10. After rule 74 of the Bankruptcy Rules, the following rule is inserted: Trustee or solicitor to prepare statement about possible resolutions "75. A registered trustee or solicitor who is required to prepare a statement under section 189B of the Act shall include in the statement the following information: (a) the requirement to elect a chairman or chairwoman to preside at the meeting of creditors, and the manner of voting at the election, including voting by proxy or by attorney; (b) the power of the meeting to pass a resolution: (i) adjourning the meeting and fixing a date, time and place for the resumption of the meeting; and (ii) nominating a registered trustee to act as trustee of a deed of assignment or a deed of arrangement, or of a composition; (c) the power of the meeting to pass a special resolution: (i) releasing the debtor's property from control; (ii) requiring the debtor to execute a deed of assignment or a deed of arrangement; (iii) accepting a composition; or (iv) requiring the debtor to present a debtor's petition; (d) the power to specify, in a special resolution that requires the debtor to execute a deed of arrangement, provisions to be included in the deed; and (e) the requirement that a special resolution accepting a composition specify the terms of the composition.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 11 11. Rule 78 of the Bankruptcy Rules is repealed and the following rule substituted: Debtor's statement of affairs "78. (1) A statement under subparagraph 188 (2) (c) (i) of the Act shall be in a form to be provided by the Registrar, and verified by an affidavit in accordance with Form 10. "(2) The form mentioned in subrule (1) shall require the debtor to state: (a) in relation to unsecured debts owed by the debtor: (i) the name and address of each creditor and the amount (if any) owed by the creditor to the debtor; (ii) the amount of each debt; (iii) the year when the debt was contracted; and (iv) the nature of the debt; (b) in relation to secured debts owed by the debtor: (i) the name and address of each creditor and the amount (if any) owed by the creditor to the debtor; (ii) the amount of each debt and particulars of the security relating to it; (iii) the date when the security was given; (iv) the estimated present value of the security; and (v) the estimated deficiency or surplus if the security were to be realised; (c) in relation to current hire purchase agreements: (i) the name and address of the finance company; (ii) the date of the agreement; (iii) particulars of the goods to which the agreement relates; (iv) any arrears of payment under the agreement; (v) the amount required to complete the agreement; and (vi) the present value of the goods and the estimated deficiency or surplus if the goods were to be realised; (d) in relation to the debtor's assets: (i) cash on deposit with banks, building societies, credit or friendly societies and other financial organisations, including the name and address of each organisation; (ii) cash in hand; (iii) stock-in-trade, including its value and location; (iv) value and location of trade fittings, fixtures, utensils, farming stock, growing crops, household furniture and effects, motor vehicles, leasehold property and other non-freehold property and, in relation to any mortgage charge or lien secured over the property, the amount of the security and the name and address of the owner of the security; (v) freehold property, including its value and location and, in relation to any mortgage or charge secured over the property, the amount of the security and the name and address of the owner of the security; (vi) any interest (vested or contingent) under a will, trust or deed of settlement; (vii) any securities held by way of mortgage, bill of sale or the like, including details of the value of the security and the property secured; and (viii) any other property or assets; (e) particulars of contingent assets, contingent liabilities and any other liabilities, not otherwise stated; (f) statements: (i) that the debtor is not an undischarged bankrupt or insolvent under a Commonwealth Act or a State Act; (ii) of any previous bankruptcy or that the debtor has never previously become a bankrupt; (iii) of any previous composition with creditors or assignment or arrangement for the benefit of creditors, or that the debtor has never made any such composition, assignment or arrangement; and (iv) that the debtor has not, during the past 5 years, carried on business on his or her own account, or in partnership, or a statement of any business or partnership carried on during that period with details of books of account kept in connexion with the business; (g) a summary of information required by the form to be provided; and (h) any other matters that the Registrar considers should be stated.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 12 12. After rule 80 of the Bankruptcy Rules the following rules are inserted: Examination of controlling trustees and other persons "80AA. (1) An application under section 212C of the Act shall: (a) be in writing; (b) identify the person whom it is sought to examine and the trusteeship or trusteeships in relation to which it is sought to examine the person; (c) if the summons applied for is to contain a requirement mentioned in subsection 212E (2) of the Act-specify the books or classes of books that the person is to produce at the examination; and (d) be supported by an affidavit setting out: (i) the enquiries that have been made concerning the subject matter of the application and, where applicable, the reason for requiring the production of any books or classes of books; (ii) details of the request made to the person to provide the required information and, where applicable, to produce the books or classes of books for inspection, and the result, or, where no request has been made, the reason; and (iii) the circumstances of any refusal or failure of the person to co-operate in complying with the request. "(2) If the application is one to which paragraph (1) (c) applies, a copy of the application and of the affidavit in support of the application shall be served on the person whom it is sought to examine, and that person may, within 7 days of being served with those documents, file with the Registrar: (a) a notice of objection to produce the books or classes of books specified in the application for a direction, or such of those books or classes of books as the notice may specify; and (b) an affidavit setting out the grounds of the objection. "(3) The Registrar shall consider any documents filed under paragraphs (2) (a) and (b) and, if the Registrar issues a summons in the matter under subsection 212D (1) of the Act he or she shall either grant or dismiss the application for a requirement mentioned in subsection 212E (2) of the Act, and shall in either case record and file a statement of reasons. "(4) When the Registrar has issued, or refused to issue, a summons under subsection 212D (1) of the Act, he or she shall provide, upon request by the applicant or the person whose examination was requested, a statement of reasons. Summons under subsection 212D (1) of the Act "80AB. (1) A summons under subsection 212D (1) of the Act shall: (a) be in accordance with Form 32A; (b) be signed and stamped by the Registrar; and (c) be served personally on the person to be examined. "(2) Where the summons contains a requirement mentioned in subsection 212E (2) of the Act, the Registrar may: (a) require the person being examined to produce specified books, or classes of books, to the Court or a person, on a day and at a time and place, specified in the direction; (b) order that a specified person, or specified persons, be at liberty to inspect, and copy or make extracts of, all or any specified part or parts of the books produced in accordance with the direction; and (c) give directions concerning the marking for identification, and the retention or disposal, of the books produced. "(3) The Registrar shall not commence an examination under Division 2A of Part X of the Act unless: (a) the Registrar is satisfied by evidence: (i) that the summons was served personally on the person to be examined; or (ii) that the summons came to the notice of the person and that the person is not likely to be prejudiced by the absence of due service; or (b) the person does not object to being examined. "(4) Where the person sought to be examined fails to appear in accordance with the summons, the Registrar may: (a) hear submissions by or on behalf of any person entitled to appear or be represented at the examination; (b) either: (i) adjourn the examination to a fixed day and time, or generally; or (ii) discharge the summons; and (c) if the Registrar is satisfied by evidence that the summons was served on the person to be examined in accordance with subrule (1), and the Registrar does not discharge the summons-issue a warrant for the arrest of the person. Application during examination for production of books "80AC. (1) During an examination, the applicant for the examination or any person who is represented, or is participating in person, at the examination may apply orally or in writing to the Registrar for a direction that the person being examined produce at the examination specified books, or classes of books, that are in the possession of the person and relate to examinable matters in relation to the relevant trustee. "(2) Where an application is made under subrule (1), the Registrar may hear: (a) the applicant for the examination; (b) if that applicant is not the person applying for the direction-that person; and (c) the person being examined; on the application, and may: (d) require the person being examined to produce specified books, or classes of books, to a person, on a day and at a time and place, specified in the direction; (e) adjourn the examination in order to give the person being examined a reasonable period of time to comply with the direction; (f) order that a specified person, or specified persons, be at liberty to inspect, and copy or make extracts of, all or any specified part or parts of the books produced in accordance with the direction; and (g) give directions concerning the marking for identification, and the retention or disposal, of the books produced. Notice of adjournment of examination "80AD. Where an examination under Division 2A of Part X of the Act is adjourned otherwise than to the next sitting day, the applicant shall give to the person being examined and to any person who has been represented, or who has participated in person, at the examination notice in writing of the place, date and time fixed for the resumption of the examination.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 13 13. After rule 80A of the Bankruptcy Rules, the following rules are inserted: Consent and declaration by trustee of deed or composition "80B. (1) For the purposes of subparagraph 215A (1) (c) (i) of the Act, Form 36AA is prescribed. "(2) For the purposes of subparagraph 215A (1) (c) (ii) of the Act the following information is prescribed, namely, whether the person first mentioned in that subparagraph, to the best of the person's knowledge, information and belief: (a) has acted as accountant, or other professional adviser, to the debtor or to a creditor; (b) has been associated with the debtor or a creditor in a business capacity or as a co-director of a company; (c) has been a trustee of, or a beneficiary under, a trust in which the debtor or a creditor is or has been interested; (d) has been a partner of the debtor or of a creditor; (e) has been an employer or an employee of the debtor or of a creditor; or (f) is the close relative of, or is the spouse of a close relative of, the debtor or of a creditor. "(3) In subrule (2), 'creditor' means a person who is, to the knowledge or in the belief of the person first mentioned in subparagraph 215A (1) (c) (ii) of the Act, a creditor of the debtor. Chairman's certificate of passing of resolution "80C. For the purposes of paragraph 215B (1) (a) or (2) (a) of the Act, a certificate shall be in accordance with Form 36AB.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 14 Notice of execution of deed etc. 14. Rule 81 of the Bankruptcy Rules is amended by adding at the end the following subrule: "(3) For the purposes of subparagraph 218 (2) (b) of the Act, a notice shall be published in a newspaper or newspapers that the trustee thinks appropriate.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 15 15. Rule 87 of the Bankruptcy Rules is repealed and the following rule substituted: Form of statement of affairs and affidavit "87. (1) A statement under paragraph 246 (1) (a) or subsection 247 (1) of the Act shall be in a form to be provided by the Registrar, and verified by an affidavit in accordance with Form 38. "(2) The form mentioned in subrule (1) shall require the person making the statement to state: (a) in relation to the corpus account of the deceased person's estate: (i) particulars of each amount received, including the name of the payer, the date received and the bank account into which the amount was paid; and (ii) particulars of each amount paid, including the name of the payee, the date of payment and the bank account from which the amount was drawn; (b) in relation to assets of the deceased person transferred to beneficiaries, the particulars of each of the assets transferred, the date of transfer and the name and address of the relevant beneficiary; (c) in relation to the income account of the deceased person: (i) particulars of each amount received, including the name of the payer, the date received and the bank account into which the amount was paid; and (ii) particulars of each amount paid, including the name of the payee, the date of payment and the bank account from which the amount was drawn; (d) in relation to unsecured debts owed by the deceased person: (i) the name and address of each creditor and the amount (if any) owed by the creditor to the deceased person; (ii) the amount of each debt; (iii) the year when the debt was contracted; and (iv) the nature of the debt; (e) in relation to secured debts owed by the deceased person: (i) the name and address of each creditor and the amount (if any) owed by the creditor to the deceased person; (ii) the amount of each debt and particulars of the security relating to it; (iii) the date when the security was given; (iv) the estimated present value of the security; and (v) the estimated deficiency or surplus if the security were to be realised; (f) in relation to current hire purchase agreements; (i) the name and address of the finance company; (ii) the date of the agreement; (iii) particulars of the goods to which the agreement relates; (iv) any arrears of payment under the agreement; (v) the amount required to complete the agreement; and (vi) the present value of the goods and the estimated deficiency or surplus if the goods were to be realised; (g) a statement of any other assets and liabilities, including contingent assets and liabilities, of the deceased person's estate. 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 16 16. After rule 90 of the Bankruptcy Rules the following rules are inserted: Application to the Court for extension of time for filing statement of a deceased debtor's affairs "90A. Where an application is made to the Court for an extension of the time specified in subsection 246 (1) of the Act for a person to file a statement of a deceased person's affairs, a copy of the application and of any affidavit in support of the application shall be served on the trustee 2 clear days before the hearing of the application. Application to the Registrar for extension of time for filing a statement of a deceased debtor's affairs "90B. (1) Application may be made to the Registrar ex parte for an extension of the time specified by subsection 246 (1) of the Act for a person to file a statement of a deceased person's affairs. "(2) An application under subrule (1) shall be made by filing a request for the extension of time setting out the matters submitted by the person in support of the request. "(3) A person shall, before making an application under subrule (1), submit the request to the trustee and afford the trustee an opportunity to endorse on, or attach to, the request a note of any matters that the trustee wishes the Registrar to take into account when determining the application. "(4) A trustee who receives a request under subrule (3) shall, within 7 days, return the request, with any note that the trustee wishes to make under that subrule, to the person making the request, and if the trustee omits to return the request to that person within that period of time the person may endorse the fact of that omission on the request and file the request under subrule (2).". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 17 Modification of Part X of the Act for purposes of section 187A 17. Rule 100E of the Bankruptcy Rules is amended: (a) by omitting from paragraph (a) "sub-section" and substituting "subsections"; (b) by omitting from paragraph (a) "; and"; (c) by adding at the end of paragraph (a) the following subsection: "(6) Joint debtors, whether partners or not, shall give to the trustee or the solicitor to whom the authority is given a statement of their joint affairs, in addition to separate statements by each of the joint debtors under subparagraph (2) (c) (i)."; (d) by omitting paragraph (b). 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 18 Conduct money and witnesses' allowances 18. Rule 127 of the Bankruptcy Rules is amended by omitting from subrule (1) "50 or 81" and substituting "50, 81, 179B or 212D". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 19 19. Rule 129 of the Bankruptcy Rules is repealed and the following rules are substituted: Application for summons under subsection 81 (1) of the Act "129. (1) An application to the Court or to the Registrar for a summons under subsection 81 (1) of the Act shall: (a) be in writing; (b) identify the person whom it is sought to examine, and the bankruptcy in relation to which it is sought to examine the person; and (c) if the summons applied for is to contain a requirement mentioned in subsection 81 (1B) of the Act-specify the books or classes of books that the person is to produce at the examination; (d) be supported by an affidavit setting out: (i) the enquiries that have been made concerning the subject-matter of the proposed examination and, where applicable, the reason for requiring the production of any books or classes of books; (ii) details of the request made to the person to provide the required information and, where applicable, to produce the books or classes of books for inspection, and the result or, where no request has been made, the reason; and (iii) the circumstances of any refusal or failure of the person to co-operate in complying with the request. "(2) If the application is one to which paragraph (1) (c) applies, a copy of the application and of the affidavit in support of the application shall be served on the person whom it is sought to examine, and that person may, within 7 days of being served with those documents, file with the Registrar: (a) a notice of objection to produce the books or classes of books specified in the application for a direction, or such of those books or classes of books as the notice may specify; and (b) an affidavit setting out the grounds of the objection. "(3) The Registrar shall consider any documents filed under paragraphs 2 (a) and (b) and, if the Registrar issues a summons in the matter under subsection 81 (1) of the Act, he or she shall either grant or dismiss the application for a direction, and shall in either case record and file a statement of reasons. "(4) When the Registrar has issued, or refused to issue, a summons under subsection 81 (1) of the Act, he or she shall provide, upon request by the applicant or the person whose examination was requested, a statement of reasons. Summons under subsection 81 (1) of the Act "129A. (1) A summons under subsection 81 (1) of the Act shall: (a) be in accordance with Form 49; (b) be signed and stamped by the Registrar; and (c) be served personally on the person to be examined. "(2) Where the summons contains a requirement mentioned in subsection 81(1B) of the Act, the Registrar may: (a) require the person being examined to produce specified books, or classes of books, to the Court or a person, on a day and at a time and place, specified in the direction; (b) order that a specified person, or specified persons, be at liberty to inspect, and copy or make extracts of, all or any specified part or parts of the books produced in accordance with the direction; and (c) give directions concerning the marking for identification, and the retention or disposal, of the books produced. "(3) The Court, the Registrar or a magistrate shall not commence an examination under section 81 of the Act unless: (a) the Court, the Registrar or magistrate is satisfied by evidence: (i) that the summons was served personally on the person to be examined; or (ii) that the summons came to the notice of the person and that the person is not likely to be prejudiced by the absence of due service; or (b) the person does not object to being examined. "(4) Where the person sought to be examined fails to appear in accordance with the summons, the Court, the Registrar or magistrate may: (a) hear submissions by or on behalf of any person entitled to appear or be represented at the examination; (b) either: (i) adjourn the examination to a fixed day and time, or generally; or (ii) discharge the summons; and (c) if the Court, the Registrar or magistrate is satisfied by evidence that the summons was served on the person to be examined in accordance with subrule (1), and the Court, the Registrar or magistrate does not discharge the summons-issue a warrant for the arrest of the person. Application during examination for production of books "129B. (1) During an examination, the applicant for the examination or any person who is represented, or is participating in person, at the examination may apply orally or in writing to the Court, the Registrar or magistrate for a direction that the person being examined produce specified books, or classes of books, at the examination. "(2) Where an application is made under subrule (1), the Court, the Registrar or magistrate may hear: (a) the applicant for the examination; (b) if that applicant is not the person applying for the direction-that person; and (c) the person being examined; on the application, and may: (d) require the person being examined to produce specified books, or classes of books, to a person, on a day and at a time and place, specified in the direction; (e) adjourn the examination in order to give the person being examined a reasonable period of time to comply with the direction; (f) order that a specified person, or specified persons, be at liberty to inspect, and copy or make extracts of, all or any specified part or parts of the books produced in accordance with the direction; and (g) give directions concerning the marking for identification, and the retention or disposal, of the books produced. Notice of adjournment of examination "129C. Where an examination under section 81 of the Act is adjourned otherwise than to the next sitting day, the applicant shall give to the person being examined and to any person who has been represented, or who has participated in person, at the examination notice in writing of the place, date and time fixed for the resumption of the examination.". 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 20 Schedule 1 20. Schedule 1 to the Bankruptcy Rules is amended by inserting in its proper numerical position in that Schedule each of the forms set out in the Schedule to these Rules. 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 21 Application 21. The amendments made by rules 5, 6, 7, 11, 14, 15 and 16 apply only as follows: (a) in relation to a bankruptcy-if the date of the bankruptcy occurred on or after the day of commencement of these Rules; (b) in relation to a statement under subparagraph 188 (2) (c) (i) of the Act-if the authority, signed by a person under section 188 of the Act, to which the statement relates was signed on or after that day; (c) in relation to a notice published in accordance with subrule 81 (3)-if the deed of assignment, deed of arrangement or composition to which the notice relates was executed under, or accepted by, a meeting that was called under an authority signed by a person under that subparagraph on or after that day; or (d) in relation to an order made under Part XI of the Act-if the order was made on or after that day. 1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - SCHEDULE SCHEDULE FORM 7A Rule 17A SUMMONS UNDER SUBREGON 50 (2) OF THE BANKRUPTCY ACT 1966 (Title) To: (full name and address of person)(address) The Court hereby summons you under subsection 50 (2) of the Bankruptcy Act 1966 to attend before the Court (or the Registrar or a magistrate) at on the day of 19 , at o'clock in the noon to give evidence in connexion with your affairs1/the affairs of (name of debtor)1 and to produce the following books namely (specify the books). Dated 19 . By the Court Registrar 1 Delete as appropriate -------- FORM 32A Rules 66AA and 80AB SUMMONS UNDER SUBREGON 179B (1) OR 212D (1) OF THE BANKRUPTCY ACT 1966 (Title) To: (full name and address of person) The Registrar hereby summons you under subsection 179B (1) or 212D (1)1 of the Bankruptcy Act 1966 to attend before the Registrar at on the day of 19 , at o'clock in the noon, to give evidence in connection with (specify the bankruptcies or debtors), and to produce the following books, namely (specify any books to be produced). Dated 19 . Registrar 1 Delete as appropriate -------- FORM 36AA Rule 80B Bankruptcy Act 1966 CONSENT TO ACT AS TRUSTEE I, (full name and address of trustee), consent, for the purposes of subparagraph 215A (1) (c) (i) of the Act, to act as a trustee of the deed of assignment or deed of arrangement or composition (as the case may be) of (full name of debtor) of (address of debtor) if the deed is executed by the debtor or 1 the composition is accepted by the meeting of creditors. Dated 19 . -------------------------------------- (Trustee) Signed by the trustee) in my presence ) (Signature, address and occupation of witness) 1 Cross out whichever is not applicable FORM 36AB Rule 80C Bankruptcy Act 1966 CERTIFICATE UNDER REGON 215B (complete A or B, as the case requires) A. I, (full name and address), certify that I was the chairman or chairwoman of the meeting of creditors of (full name of debtor) held on (date of meeting) and that, at the meeting, the following resolution was passed: (set out the exact words of the resolution). B. I, (full name of creditor), certify that I was a creditor attending at the meeting of creditors of (full name of debtor) held on (date of meeting), that the chairman or chairwoman of the meeting has not signed* (or has died before signing*) a certificate in accordance with section 215B, and that, at the meeting, the following resolution was passed: (set out the exact words of the resolution). Dated 19 . -------------------------------------- (Chairman or chairwoman/Creditor)* *Delete as appropriate -------- FORM 49 Rule 129A SUMMONS UNDER SUBREGON 81 (1) OF THE BANKRUPTCY ACT 1966 (Title) To: (full name and address of person) The Court*/the Registrar* hereby summons you under subsection 81 (1) of the Bankruptcy Act 1966 to attend before the Court* (or the Registrar* or a magistrate*) at on the day of 19 , at o'clock in the noon, to give evidence in connection with your affairs*/the affairs of (name of debtor)* and to produce the following books, namely (specify the books). Dated 19 . By the Court Registrar or Registrar in Bankruptcy* *Delete as appropriate - NOTES 1989 No. 182*1* BANKRUPTCY RULES*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 6 July 1989. *2* Statutory Rules 1968 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 176 and see also Statutory Rules 1989 No. 176 235; 1977 Nos 32 and 136; 1978 No. 19;1979 Nos 157 and 243; 1980 Nos 385 and 386; 1981 Nos 40, 304 and 305; 1982 No. 247; 1984 Nos 23 and 155; 1986 Nos 84, 95, 96 and 323; 1987 Nos 21, 51, 54 and 223; 1988 No. 19, 261, 342 and 343.