Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of rule 1.22 of these Rules, the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 apply as if:
(a) a reference to an originating application were a reference to an application for final orders; and
(b) a reference to an interim application were a reference to an interlocutory application; and
(c) a reference to an application being in accordance with a particular Form were disregarded; and
(d) rules 1.07 and 2.02, paragraphs 7.01(b) and 7.04(1)(b), rule 7.05, subrule 7.06(4) and rule 12.03 of those Rules were omitted; and
(e) the modifications in Table 1.2 were made.
Table 1.2--Additional modifications of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 | |||
Item | Provision | Omit (wherever occurring) | Substitute |
1 | in closed court | in chambers | |
2 | Paragraphs 6.09(a) and 6.15(a) | by hand | |
3 | Paragraph 6.09(a), rule 6.10, subrule 6.11(4), rule 6.15, subrule 6.16(4) and rule 12.02 | the Court or a Registrar | the court |
4 | Subrule 7.03(1) | a creditor of the bankrupt or a creditor of the estate of the deceased person. | a creditor of the bankrupt |
5 | Subrules 7.04(2) and 8.02(5) | rule 17.08 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 | rule 10.21 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 |
6 | Paragraph 7.04(3)(a) | the bankrupt or deceased person | the bankrupt |
7 | Subrule 7.06(1) | paragraph 7.01(a) | |
8 | Subrule 7.06(2) | the bankruptcy or the administration of the estate of the deceased person | the bankruptcy |
9 | Rule 12.01 | debtor or bankrupt | bankrupt |
10 | Rule 13.01 | Subject to Division 13.2, | |
(2) For the purposes of rule 1.22 of these Rules and rule 13.01 of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (as applied by rule 1.22 of these Rules), Part 40 of the Federal Court Rules 2011 applies as if:
(a) a reference to the Court were a reference to a Family Court; and
(b) a reference to an application were a reference to an application in a Family Court started by an application for final orders or transferred to a Family Court under section 35A of the Bankruptcy Act; and
(c) a reference to an interlocutory application included a reference to an interlocutory application in a Family Court; and
(d) a reference to a Registrar or taxing officer were a reference to a Judicial Registrar of a Family Court.