Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 31

Exercise of jurisdiction

  (1)   In exercising jurisdiction under this Act, the Court shall hear and determine the following matters in open Court:

  (a)   creditors' petitions;

  (b)   examinations under this Act;

  (c)   proceedings in connection with the consideration of an annulment of a bankruptcy under section   153B;

  (d)   applications under:

  (i)   section   222 (as applied by section   76B); or

  (ii)   section   222C (as applied by section   76B);

    for an order setting aside or terminating a composition or scheme of arrangement under Division   6 of Part   IV;

  (e)   applications to set aside or avoid a charge, charging order, settlement, disposition, conveyance, transfer security or payment;

  (ea)   applications under section   139A;

  (f)   applications to declare for or against the title of the trustee to any property;

  (g)   applications for the committal of a person to prison or for the release from prison of a person committed to prison;

  (i)   applications for the trial of questions of fact with a jury and the trial of those questions;

  (j)   applications under Part   X:

  (i)   for an order setting aside or terminating a personal insolvency agreement; or

  (ii)   for a sequestration order against the estate of a debtor;

  (ja)   applications for an order of annulment of the administration of the estate of a deceased person under Part   XI; and

  (k)   summary trials under Part   XIV.

  (2)   All other matters under this Act may, in the discretion of the Court, be heard in open Court or in Chambers.



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