BANKRUPTCY RULES (AMENDMENT) 1991 NO. 117 BANKRUPTCY RULES (AMENDMENT) 1991 NO. 117 - TABLE OF PROVISIONS 1. Commencement 2. Amendment 3. Rule 4 (Interpretation) 4. Rule 10 (Registrar to fix time and place of hearing of counter-claim, &c.) 5. Rule 19A (Form of debtor's declaration) 6. Rule 19B (Acceptance of debtor's declaration) 7. Rule 24 (Form of debtor's petition) 8. Rule 25 (Notice of hearing of reference of debtor's petition by Court) 9. Rule 30B (Statement of affairs by joint debtors) 10. Division 9 of Part II (Public Examination of Bankrupts) 11. Rule 37 (Form of proof of debt) 12. Rule 47 (Statement as to realization and distribution of an estate) 13. Rule 52 (Application for discharge) 14. Rule 55 (Notice of opposition to discharge) 15. Rule 57 (Application for annulment under section 154 or 252A of the Act) 16. Rule 59 (Interviews of and reports on applicants) 17. New rule 59A 18. Rule 60 (Register of trustees) 19. New rules 61C, 61D and 61E 20. Rule 67 (Application for release from trusteeship) 21. Rule 73 (Trustee s accounts) 22. Rule 78 (Debtor's statement of affairs) 23. Rule 98 (Minutes of meeting) 24. Rule 100 (Proxies) 25. Rule 102 (Procedure on application to the Court) 26. Rule 127 (Conduct money and witnesses expenses) 27. Rule 129 (Application for summons under subsection 81 (1) of the Act) 28. Rule 129A (Summons under subsection 81 (1) of the Act) 29. New rule 129AA 30. Rule 130A (Approval for purposes of section 255 to be stamped) 31. Rule 131 (Transcript of evidence) 32. Rule 162 (Scale of costs) 33. Rule 163 (Appointment to tax bill) 34. Rule 179 (Fees and percentages) 35. Rule 183 (Postponement, waiver or remission of fees by Registrar) 36. Rule 202 (Computation of time) 37. Schedule 1 (Forms) 38. Schedule 5 (Prescribed countries: paragraph 29 (5) (b) of the Act) 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 1 1. Commencement 1.1 These Rules commence on 22 June 1991. 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 2 2. Amendment 2.1 The Bankruptcy Rules are amended as set out in these Rules. 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 3 3. Rule 4 (Interpretation) 3.1 Subrule 4 (1): Insert the following definition: "IPAA" means the Insolvency Practitioners Association of Australia, being a public company limited by guarantee incorporated under subsection 35 (2) of the Companies (New South Wales) Code;". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 4 4. Rule 10 (Registrar to fix time and place of hearing of counter-claim, &c.) 4.1 Omit the rule, substitute: Counter-claims, set-offs or cross demands "10. (1) A debtor on whom a bankruptcy notice has been served may file an application to the effect that he or she has a counter-claim, set-off or cross demand of a kind referred to in paragraph 40 (1) (g) of the Act. "(2) An application must contain details of the counter-claim, set-off or cross demand, as the case requires, and the reasons why the debtor was unable to set up the counter-claim, set-off or cross demand. "(3) If a debtor files an application, the Registrar must consider whether, on the face of it, the application: (a) raises a counter-claim, set-off or cross demand; and (b) gives sufficient particulars of the counter-claim, set-off or cross demand and of the reasons why the debtor was unable to set up that counter-claim, set-off or cross demand. "(4) If the Registrar is satisfied that an application: (a) raises a counter-claim, set-off or cross demand; and (b) gives sufficient particulars of the counter-claim, set-off or cross demand and of the reasons why the debtor was unable to set up that counter-claim, set-off or cross demand; he or she must: (c) fix a date, time and place at which the debtor may appear before the Court to satisfy the Court that he or she has the counter-claim, set-off or cross demand referred to in the application; and (d) endorse a copy of the application with that date, time and place and return it to the debtor. "(5) If the Registrar is not satisfied that an application: (a) raises a counter-claim, set-off or cross demand; and (b) gives sufficient particulars of the counter-claim, set-off or cross demand and of the reasons why the debtor was unable to set up that counter-claim, set-off or cross demand; he or she must endorse a copy of the application with the words 'Application insufficient-no case raised' and return it to the debtor. "(6) When a debtor receives a copy of his or her application that has been endorsed under subrule (4), the debtor must, as soon as practicable and not less than 14 days before the date fixed by the Registrar, give a copy of the endorsed application: (a) to the judgment creditor specified in the bankruptcy notice; or (b) to the solicitor for that judgment creditor; and to the debtor's solicitor.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 5 5. Rule 19A (Form of debtor's declaration) 5.1 Omit the rule, substitute: Presentation and form of debtor's declaration "19A. (1) For the purposes of section 54A of the Act, a debtor's declaration must be in accordance with Form 7B. "(2) A debtor's declaration may be presented to the Registrar by facsimile transmission.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 6 6. Rule 19B (Acceptance of debtor's declaration) 6.1 Add at the end: "(3) A copy of the declaration may be supplied by facsimile transmission.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 7 7. Rule 24 (Form of debtor's petition) 7.1 Omit the rule, substitute: Presentation and form of debtor's petition "24. (1) For the purposes of subsection 55 (2) of the Act, a debtor's petition must be in accordance with Form 9. "(2) For the purposes of subsection 56 (2) of the Act, a debtor's petition against a partnership must be in accordance with Form 9A. "(3) For the purposes of subsection 57 (2) of the Act, a debtor's petition by joint debtors who are not partners must be in accordance with Form 9B. "(4) A petition referred to in subrule (1), (2) or (3) may be presented by facsimile transmission.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 8 8. Rule 25 (Notice of hearing of reference of debtor's petition by Court) 8.1 Paragraph 25 (1) (a): Omit "55 (3) or 56 (5)", substitute "55 (3), 55 (3A), 56 (5) or 56 (7AA)". 8.2 Paragraph 25 (1) (b): After "57 (3)", insert "and 57 (3A)". 8.3 Subrule 25 (1): Omit "the Registrar shall serve on the solicitor for the debtor, or the solicitor for each debtor,", substitute: "the Registrar must give to: (c) the debtor; or (d) the solicitor for the debtor; or (e) each debtor; or (f) the solicitor for each debtor;". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 9 9. Rule 30B (Statement of affairs by joint debtors) 9.1 Subrule 30B (1): Omit the subrule, substitute: "(1) Joint debtors, whether partners or not, must file with the Registrar, in a form approved by the Inspector-General, a statement of their joint affairs.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 10 10. Division 9 of Part II (Public Examination of Bankrupts) 10.1 Omit the Division. 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 11 11. Rule 37 (Form of proof of debt) 11.1 Add at the end: "(5) When the trustee admits or rejects a proof of debt under section 102 of the Act, he or she must endorse the proof of debt with the words 'Admitted' or 'Rejected', as the case may be.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 12 12. Rule 47 (Statement as to realization and distribution of an estate) 12.1 Omit the rule, substitute: Statement of realisation and distribution of estate "47. (1) For the purposes of subsection 140 (8) of the Act, a statement must be in accordance with Form 21. "(2) If the trustee sends a notice under subsection 140 (3) or (5) of the Act, he or she must give to the Official Receiver: (a) a copy of the statement referred to in subrule (1); and (b) a copy of the most recent account, in accordance with Form 33, required under subsection 175 (1) of the Act.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 13 13. Rule 52 (Application for discharge) 13.1 Omit the rule, substitute: Application for discharge "52. (1) An application by a bankrupt under section 150 of the Act must have attached to it a list, certified by the trustee, setting out the names and addresses of the creditors of the bankrupt. "(2) If an application is filed under section 150 of the Act, the Registrar must: (a) not less than 28 days before the hearing date of the application, fix a date, time and place at which the bankrupt may appear before the Court for the hearing; and (b) sign and stamp the application, endorse it with the date, time and place and return it to the bankrupt. "(3) When a bankrupt receives a signed, stamped and endorsed application from the Registrar, the bankrupt must: (a) not less than 28 days before the date fixed by the Registrar, give a copy of the application to: (i) the trustee; and (ii) if the trustee is a registered trustee-the Official Receiver; and (b) not less than 14 days before the date fixed by the Registrar, give a copy of the application to each creditor specified in the list attached to the application.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 14 14. Rule 55 (Notice of opposition to discharge) 14.1 Omit the rule, substitute: Opposition to application for discharge "55. If a creditor who has a provable debt intends to oppose an application under section 150 of the Act, the creditor must: (a) file: (i) a notice in Form 46; and (ii) an affidavit in accordance with subrule 106 (2); and (b) give a copy of the notice and affidavit, as soon as practicable after the notice and affidavit have been filed, to: (i) the bankrupt; and (ii) the trustee; and (iii) if the trustee is a registered trustee-the Official Receiver.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 15 15. Rule 57 (Application for annulment under section 154 or 252A of the Act) 15.1 Subrule 57 (3): Omit "on a ground specified in paragraph 154 (1) (b) of the Act". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 16 16. Rule 59 (Interviews of and reports on applicants) 16.1 Omit the rule, substitute: Application for Official Receiver's report "59. (1) An application under subsection 154A (1) of the Act for a report by the Official Receiver must contain the following particulars: (a) the name, business and residential address and the age of the applicant; and (b) if the applicant is a member of a partnership-the name and address of the partnership; and (c) if the applicant is an employee-the name and address of the applicant's employer; and (d) particulars of the applicant's educational qualifications; and (e) particulars of the applicant's experience, if any, in assisting a registered trustee or a registered liquidator within the meaning of the Companies Act 1981 or the Corporations Act 1989 in carrying out the functions of the trustee or liquidator; and (f) particulars of the applicant's current and previous business activities, if any; and (g) whether, under the Act or under a similar law of another country, the applicant is a person: (i) who is a bankrupt; or (ii) who is a discharged bankrupt who has been discharged for less than 3 years; or (iii) who has within 5 years immediately before the date of applying for the report executed a deed of assignment or deed of arrangement; or (iv) whose creditors have within that period accepted a composition in satisfaction of his or her debts or a scheme of arrangement of his or her affairs; and (h) whether the applicant has, within 10 years immediately before the date of applying for the report, been convicted of an offence other than a traffic offence and, if so, the particulars of, and the penalties imposed in relation to, that offence; and (i) whether the applicant has, within 5 years immediately before the date of applying for the report, committed a breach of trust or fiduciary duty, whether or not amounting to an offence under a law of Australia or of another country, that he or she was required to make good; and (j) whether the applicant is a member or a former member of a professional association and, if so: (i) whether he or she has, within 5 years immediately before the date of applying for the report, been subject to a disciplinary action by that association; and (ii) if so, the particulars of that action. "(2) An application must be accompanied by at least 2 written references containing the following particulars: (a) the name, address and telephone number of the referee; and (b) the occupation of the referee; and (c) the period during which, and the circumstances under which, the referee has known the applicant; and (d) the referee's opinion about the following matters: (i) the applicant's abilities in oral and written communication; and (ii) whether the applicant has experience in assisting a registered trustee or a registered liquidator within the meaning of the Companies Act 1981 or the Corporations Act 1989 in carrying out the functions of the trustee and liquidator; and (e) if the applicant has experience of that kind: (i) the nature of the activities that the applicant was required to carry out; and (ii) the length of the period of time during which the applicant carried out those activities; and (iii) whether the applicant carried out those activities in a competent manner; and (f) the referee's opinion about the following matters: (i) the applicant's knowledge of the powers, duties and functions of a registered trustee or registered liquidator; and (ii) if the applicant has insufficient or no knowledge of the powers, duties and functions of a registered trustee or registered liquidator, whether the applicant has the capacity to acquire that knowledge within a short period of time; and (iii) the applicant's knowledge of business management and his or her capacity in relation to the successful conduct of business activities.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 17 17. New rule 59A 17.1 After rule 59, insert: Interviews of applicants "59A. (1) The Official Receiver must, as soon as practicable after receiving an application under subsection 154A (1) of the Act: (a) convene an advisory interview committee to assist the Official Receiver to carry out his or her functions in relation to the application; and (b) fix a date, time and place for the interview of the applicant; and (c) write to the applicant and the members of the advisory interview committee telling them of the date, time and place fixed for the interview. "(2) An advisory interview committee is to consist of: (a) the Official Receiver; and (b) an officer of the Department; and (c) a person nominated by the Inspector-General, who is: (i) a registered trustee or a registered liquidator within the meaning of the Corporations Act 1989; and (ii) a person selected by the Inspector-General from a list of 4 persons given to him or her for this purpose by the IPAA. "(3) The advisory interview committee is to interview the applicant. "(4) At the interview, the advisory interview committee may ask the applicant any question that the committee reasonably believes to be related to: (a) the applicant's application; or (b) a reference accompanying the application; or (c) whether the applicant has sufficient knowledge, skills and ability to perform the functions of a registered trustee. "(5) A report required to be prepared by the Official Receiver under subsection 154A (3) of the Act must specify the names of the persons who were members of the advisory interview committee.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 18 18. Rule 60 (Register of trustees) 18.1 Subrule 60 (1): Add at the end: "; and (c) if the person applied to the Registrar under subsection 155A (1) of the Act for an extension of the person s term of registration: (i) the date on which the person filed his or her application; and (ii) the date on which the Registrar notified the Inspector-General and each Official Receiver of the person's application under subsection 155A (3) of the Act; and (d) whether the Inspector-General or an Official Receiver has objected under subsection 155A (4) of the Act to the person's application for an extension of the person's term of registration and, if appropriate, the date on which the notice of the objection is received by the Registrar; and (e) if a time limited by section 155A of the Act is extended or abridged under section 33 of the Act by the Court or the Registrar, particulars of the extension or abridgment; and (f) the date on which a certificate of registration was given to the person under subsection 155B(1) of the Act; and (g) if the person stops being a registered trustee, the date on which he or she returned his or her certificate of registration to the Registrar under subsection 155B(2) of the Act; and (h) in respect of each period specified in section 161A of the Act, whether the person has lodged a triennial statement required under that section and, if so, the date of its lodgment.". 18.2 Subrules 60 (2) and 60 (3): Omit the subrules, substitute: "(2) If a person ceases to be a registered trustee for any reason, the Registrar must: (a) write in the margin of the entry of the person in the register: (i) the reason why the person ceased to be a registered trustee; and (ii) the date on which the person ceased to be a registered trustee; and (b) sign his or her name immediately under those words; and (c) add the date on which the entry is made in the register.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 19 19. New rules 61C, 61D and 61E 19.1 After rule 61B, insert: Application for extension of term of registration "61C. An application under subsection 155A (1) of the Act must contain the following particulars: (a) the name of the applicant; and (b) the date on which he or she was first registered as a trustee; and (c) if appropriate, the date on which his or her registration was last extended; and must be accompanied by a copy of the most recent statement required under section 161A of the Act. Objections to extension to term of registration "61D. (1) If the Inspector-General or an Official Receiver objects under subsection 155A (4) of the Act to an application for an extension of a person's term of registration as a trustee, the Inspector-General or the Official Receiver must, on the same day, give a copy of the notice to the applicant. "(2) A notice given under subsection 155A (4) of the Act must set out the reasons why the Inspector-General or the Official Receiver objects to an extension of the term of registration. "(3) When an applicant receives a copy of the notice from the Inspector-General or an Official Receiver, the applicant must either: (a) notify the Registrar under subsection 155 (5E) of the Act that he or she wishes to stop being a registered trustee; or (b) file a notice indicating that he or she intends to dispute the objection and give a copy of the notice to the Inspector-General or the Official Receiver, as the case requires. "(4) A notice filed under paragraph (3) (b) must set out the reasons why the objection is disputed. "(5) When the Registrar receives a notice under subsection 155A (4) of the Act from the Inspector-General or an Official Receiver, the Registrar must: (a) refer that notice and any notice received from the applicant under paragraph (3) (b) to the Court for a direction under subsection 155A (5) of the Act; and (b) fix a date, time and place at which the applicant and the Inspector-General or the Official Receiver may appear before the Court for a hearing of the reference; and (c) serve notice on the applicant and the Inspector-General or the Official Receiver of the date, time and place fixed for the hearing of the reference by the Court. Conferences relating to objections "61E. (1) If the Inspector-General or an Official Receiver objects under subsection 155A (4) of the Act to an application for an extension of a person s term of registration as a trustee and: (a) the Registrar thinks it desirable; or (b) the Inspector-General, the Official Receiver or the applicant requests it; the Registrar may direct the applicant and the Inspector-General or the Official Receiver to attend, on a date and at a time and place fixed by the Registrar, a conference presided over by the Registrar. "(2) The conference: (a) may be adjourned by the Registrar to another date, time or place, or generally; and (b) must be held before the date fixed by the Registrar under subrule 61D (5) for the hearing. "(3) At the conference: (a) the applicant and the Inspector-General or the Official Receiver may be accompanied by some other person who may make oral submissions or otherwise take part in the proceedings on their behalf; and (b) the parties may discuss any matter that they reasonably believe to be related to: (i) the applicant's ability to perform the duties of; or (ii) his or her fitness to continue being registered as; a trustee under the Act. "(4) Evidence about anything said at the conference is not admissible in any proceedings before a court or tribunal.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 20 20. Rule 67 (Application for release from trusteeship) 20.1 Subrule 67 (2): Omit the subrule, substitute: "(2) The application must be accompanied by: (a) a statement, in accordance with Form 21, of the realisation and distribution of the estate by the trustee; and (b) a copy of the most recent account, in accordance with Form 33, required under subsection 175 (1) of the Act.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 21 21. Rule 73 (Trustee s accounts) 21.1 Omit the rule, substitute: Trustee's account of receipts and payments "73. (1) Subject to subrule (2), for the purposes of subsection 175 (1) of the Act, each of the following times is a prescribed time: (a) in respect of a period starting on the date of the bankruptcy and ending 6 months after the end of the month in which that date occurs-the last day of the next month; and (b) in respect of each successive period of 12 months-the last day of the next month. "(2) Subrule (1) does not apply to the period during which the final dividend in respect of the bankrupt's estate is distributed. EXAMPLE Under subrules 73 (1) and (2), if a person becomes a bankrupt on 15 January 1992 and the final dividend in respect of his or her estate is distributed on 14 January 1995, the trustee of the estate must give an account of receipts and payments in respect of the estate on the following days: (a) for the period from 15 January 1992 to 31 July 1992, on 31 August 1992; (b) for the period from 1 August 1992 to 31 July 1993, on 31 August 1993; (c) for the period from 1 August 1993 to 31 July 1994, on 31 August 1994. 2. Under subsection 175 (1) of the Act, the trustee must give the final account of receipts and payments in respect of the estate immediately after 14 January 1995. "(3) For the purposes of paragraph 175 (1) (a) of the Act, the trustee's account must be in accordance with Form 33.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 22 22. Rule 78 (Debtor's statement of affairs) 22.1 Paragraph 78 (2) (g): Omit the paragraph, substitute: "(g) a summary of information required by the form to be provided.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 23 23. Rule 98 (Minutes of meeting) 23.1 After subrule (1), insert: "(1A) The minutes of a meeting must include: (a) a list of all persons who attended the meeting; and (b) in respect of each resolution passed at the meeting: (i) the names of the mover and seconder; and (ii) the number of votes for and against; and (iii) the names of voters for and against; and (iv) whether the vote was taken on voices, on a show of hands, using ballot papers or by some other means.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 24 24. Rule 100 (Proxies) 24.1 Paragraph 100 (2) (b): Omit the paragraph, substitute: "(b) in the case of a meeting of creditors held under Part X of the Act to consider matters relating to the estate of a debtor-the debtor.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 25 25. Rule 102 (Procedure on application to the Court) 25.1 Paragraph 102 (2) (d): Omit the paragraph, substitute: "(d) must be signed by the applicant or by the applicant's solicitor.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 26 26. Rule 127 (Conduct money and witnesses expenses) 26.1 Subrule 127 (2): Omit "other than a bankrupt summoned under section 69 of the Act", substitute "other than a relevant person within the meaning of section 81 of the Act when summoned under that section". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 27 27. Rule 129 (Application for summons under subsection 81 (1) of the Act) 27.1 Subrule 129 (1): Omit "An application to the Court or to the Registrar for a summons under subsection 81 (1) of the Act shall:", substitute "Unless the person to be examined is a relevant person within the meaning of section 81 of the Act, an application to the Court or the Registrar for a summons under subsection 81 (1) of the Act must:". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 28 28. Rule 129A (Summons under subsection 81 (1) of the Act) 28.1 Subrule 129A (1): Omit "A summons under subsection 81 (1) of the Act shall:", substitute "Unless the person to be examined is a relevant person within the meaning of section 81 of the Act, a summons under subsection 81 (1) of the Act must:". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 29 29. New rule 129AA 29.1 After rule 129A, insert: Summons to relevant person under subsection 81 (1) of the Act "129AA. (1) If the person to be examined is a relevant person within the meaning of section 81 of the Act, an application to the Registrar for a summons under subsection 81 (1) of the Act must: (a) be in writing; and (b) identify the person; and (c) if the summons applied for is to contain the requirement mentioned in subsection 81 (1B) of the Act-specify the books or the classes of books that the person is to produce at the examination. "(2) When the Registrar receives an application, he or she may: (a) issue a summons, in accordance with Form 49; and (b) if the summons contains a requirement mentioned in subsection 81 (1B) of the Act: (i) direct the relevant person to produce specified books, or classes of books, at the examination; and (ii) order that a specified person may inspect, and copy or make extracts of, all or any specified part of the books produced in accordance with the direction; and (iii) give directions about the marking for identification, and the retention or disposal, of the books produced. "(3) If the Registrar issues a summons under subrule (2), he or she must: (a) sign and stamp the summons; and (b) send it to the applicant for service on the relevant person. "(4) When the applicant receives a summons forwarded to him or her under subrule (3), he or she must: (a) serve the summons on the relevant person; and (b) give notice, in writing, of the date, time and place fixed for the examination to each creditor of the relevant person of whose debt the applicant has knowledge. "(5) If the relevant person fails to appear in accordance with the summons, the Court, the Registrar or magistrate may: (a) adjourn the examination to another day, time or place, or generally; or (b) discharge the summons; or (c) if the Court, the Registrar or magistrate: (i) is satisfied that the summons was served on the relevant person in accordance with subsection 309 (1) of the Act, and (ii) does not discharge the summons; issue a warrant for the arrest of the person. (NOTE: Under subsection 81 (1) of the Act, a "relevant person" is a person who becomes a bankrupt.)". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 30 30. Rule 130A (Approval for purposes of section 255 to be stamped) 30.1 Omit the rule. 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 31 31. Rule 131 (Transcript of evidence) 31.1 Omit the rule, substitute: Transcript of evidence "131. For the purposes of subsections 255 (6) and (9) of the Act, a transcript of any evidence, argument, ruling or direction is to be taken to have been certified as prescribed: (a) if it bears the signature and stamp of the Registrar; or (b) in the case of a document purporting to be a transcript of an examination under section 50, 81, 179A or 212D of the Act-if it bears an endorsement, signed by the applicant for the examination, in the words: 'This document is a transcript of an examination of (name of person examined) on the application of (name of applicant) conducted before (name of Judge, Registrar or magistrate) on (date or dates of examination).'; or in substantially similar words.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 32 32. Rule 162 (Scale of costs) 32.1 Paragraph 162 (2B) (b): Omit "the commencement of this rule", substitute "22 June 1991". 32.2 Subrule 162 (2B): Omit "3.8%", substitute "13.56%". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 33 33. Rule 163 (Appointment to tax bill) 33.1 Add at the end: "(6) A party on whom a bill of costs is served may, by notice, object to any item in the bill. "(7) The notice must: (a) list each item or part of an item in the bill that is objected to; and (b) state briefly the nature and grounds of objection to each item or part of an item objected to. "(8) The party objecting to the bill must file the notice and serve it on each interested party not less than 2 clear days before the day appointed for taxing the bill.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 34 34. Rule 179 (Fees and percentages) 34.1 Subrule 179 (12): Omit the subrule, substitute: "(12) The fee that must accompany an application to the Official Receiver for a report under section 154A of the Act is $2,000.". 34.2 Add at the end: "(13) The fee that must accompany an application to the Registrar for an extension of a term of registration under section 155A of the Act is $1,000.". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 35 35. Rule 183 (Postponement, waiver or remission of fees by Registrar) 35.1 Subrule 183 (1): After "fee", insert "payable to the Registrar". 35.2 Subrule 183 (2): After "payable", insert "to the Registrar". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 36 36. Rule 202 (Computation of time) 36.1 Omit the rule. 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 37 37. Schedule 1 (Forms) 37.1 Omit Forms 26, 27 and 28. 37.2 Form 33: Omit "Rules 73 and 80", substitute "Rules 47, 67, 73 and 80". 37.3 Form 49: Omit "Rule 129A", substitute "Rules 129A and 129AA". 1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 38 38. Schedule 5 (Prescribed countries: paragraph 29 (5) (b) of the Act) 38.1 Insert: "Jersey, Bailiwick of" before: "Malaysia". - NOTES 1991 No. 117*1* BANKRUPTCY RULES*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 6 June 1991. *2*Statutory Rules 1968 No. 2 as amended by 1975 No. 52; 1976 Nos. 105, 143 and 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 Nos. 19, 261, 342 and 343; 1989 Nos. 176, 182, 183, 245 and 376.