made under the
Federal Court of Australia Act 1976
Compilation No. 2
Compilation date: 13 January 2023
Includes amendments up to: F2023L00033
Registered: 27 January 2023
About this compilation
This compilation
This is a compilation of the Federal Court (Bankruptcy) Rules 2016 that shows the text of the law as amended and in force on 13 January 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1.01 Name
1.03 Authority
1.04 Application of these Rules and other Rules of the Court
1.05 Interpretation
1.06 Expressions used in the Bankruptcy Act
1.07 Forms
Part 2--General
2.01 Originating application and interim application
2.02 Exercise of powers by Registrars
2.03 Leave to be heard
2.04 Appearance at hearing or examination
2.05 Change of return date of creditor's petition
2.06 Opposition to application, interim application or petition
Part 3--Bankruptcy notices
3.01 Substituted service
3.02 Setting aside bankruptcy notice
3.03 Extension of time for compliance with bankruptcy notice
Part 4--Creditors' petitions
4.01 Application of Part 4
4.02 Requirements for creditor's petition and supporting affidavit
4.03 Creditor's petition founded on issue of execution against debtor
4.04 Creditor's petition founded on failure to comply with bankruptcy notice etc.
4.05 Documents to be served
4.06 Additional affidavits to be filed before hearing
4.07 Notification and entry of sequestration order
4.08 Entry of order for dismissal etc. of creditor's petition
4.09 Service of order
Part 5--Debtors' petitions
5.01 Referral of debtor's petition
Part 6--Examinations
Division 6.1--Examination of debtor or examinable person under section 50 of the Bankruptcy Act
6.01 Application for summons
6.02 Hearing of application
6.03 Requirements for summons
6.04 Service of summons
6.05 Application for discharge of summons
Division 6.2--Examination of relevant person under section 81 of the Bankruptcy Act
6.06 Application for summons
6.07 Hearing of application
6.08 Requirements for summons
6.09 Service of summons
6.10 Failure to attend examination
6.11 Application for discharge of summons
Division 6.3--Examination of examinable person under section 81 of the Bankruptcy Act
6.12 Application for summons
6.13 Hearing of application
6.14 Requirements for summons
6.15 Service of summons
6.16 Application for discharge of summons
6.17 Conduct money and witnesses expenses
Part 7--Annulment or review of bankruptcy
Division 7.1--Annulment of bankruptcy
7.01 Application of Division 7.1
7.02 Requirements for application
7.03 Notice to creditors
7.04 Entry and service of annulment order
Division 7.2--Review of sequestration order
7.05 Review of Registrar's decision
Division 7.3--Report by trustee
7.06 Report by trustee
Part 8--Trustees
8.01 Applications in relation to the appointment of a trustee
8.02 Resignation or release of trustee
Part 9--Debt agreements
9.01 Application of Part 9
9.02 Requirements for application
9.03 Service
9.04 Notice to creditors
9.05 Entry and service of order
Part 10--Personal insolvency agreements
10.01 Application of Part 10
10.02 Requirements for application
10.03 Service
10.04 Notice to creditors
10.05 Entry of order
Part 11--Administration of estates of deceased persons
11.01 Creditor's petition
11.02 Documents to be served
11.03 Additional affidavits to be filed before hearing of creditor's petition
11.04 Administrator's petition
11.05 Documents to be served
11.06 Entry of order
Part 12--Warrants
12.01 Arrest of debtor or bankrupt
12.02 Apprehension of person failing to attend Court
12.03 Warrant for seizure of property connected with the bankrupt
Part 13--Costs
Division 13.1--Orders for costs
13.01 Basis for costs
Division 13.2--Short form bills of costs
13.02 Application of Division 13.2
13.03 Short form bill of costs
13.04 Claim for costs
13.05 Attendance at taxation hearing
Part 14--Proceedings under Cross-Border Insolvency Act
14.01 Application of this Part and other rules of the Court
14.02 Expressions used in the Cross-Border Insolvency Act
14.03 Application for recognition
14.04 Application for provisional relief under article 19 of the Model Law
14.05 Registered trustee's consent to act
14.06 Notice of filing of application for recognition
14.07 Notice of order for recognition, withdrawal etc.
14.08 Relief after recognition
14.09 Application to modify or terminate an order for recognition or other relief
Part 15--Transitional provisions
Division 15.1--Transitional provisions relating to the Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017
15.01 Transitional--release of trustee
Schedule 1--Powers of the Court that may be exercised by a Registrar
Part 1--Bankruptcy Act
Part 2--Federal Court (Bankruptcy) Rules 2016
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
24 Mar 2016 (F2016L00386) | 1 Apr 2016 (r 1.02(1) item 1) |
| |
Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017 | 30 Aug 2017 (F2017L01106) | 1 Sept 2017 (r 2(1) item 1) | -- |
Federal Court Legislation Amendment Rules 2022 | 12 Jan 2023 (F2023L00033) | Sch 3: 13 Jan 2023 (r 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
r 1.02................... | rep LA s 48D |
r 1.05................... | am F2023L00033 |
Part 2 |
|
r 2.01................... | am F2017L01106; F2023L00033 |
r 2.02................... | am F2017L01106 |
Part 6 |
|
Division 6.2 |
|
r 6.11................... | am F2017L01106 |
Division 6.3 |
|
r 6.16................... | am F2017L01106 |
Part 8 |
|
r 8.01................... | rs F2017L01106 |
r 8.02................... | am F2017L01106 |
| ed C1 |
Part 10 |
|
r 10.05.................. | am F2023L00033 |
Part 11 |
|
r 11.04.................. | am F2023L00033 |
Part 15 |
|
Part 15.................. | ad F2017L01106 |
Division 15.1 |
|
r 15.01.................. | ad F2017L01106 |
Schedule 1 |
|
Part 1 |
|
Part 1 heading............. | ad F2017L01106 |
Part 2 |
|
Part 2................... | ad F2017L01106 |