Note: See rule 2.02.
Item | Provision of the | Description | |
1 | subsection 30(1) (only for an application to set aside a bankruptcy notice) | Power to set aside a bankruptcy notice | |
2 | section 33 | Adjournment, amendment of process and extension and abridgment of time | |
3 | paragraph 40(1)(g) | Power to grant leave to serve a bankruptcy notice outside Australia | |
4 | subsection 41(6A) | Extension of time for compliance with a bankruptcy notice | |
5 | subsection 43(1) | Power to make a sequestration order | |
6 | subsection 46(2) | Power to make a sequestration order against 2 or more debtors | |
7 | subsection 47(2) | Power to give leave to withdraw a creditor's petition after presentation | |
8 | section 49 | Power to permit the substitution of another creditor as petitioner | |
9 | subsection 50(1) | Power to direct Official Trustee or specified registered trustee to take control of debtor's property and to make other orders in relation to the property | |
10 | subsection 52(1) | Power to make a sequestration order against the estate of a debtor | |
11 | subsection 52(2) | Power to dismiss a creditor's petition | |
12 | subsection 52(3) | Power to stay all proceedings under a sequestration order for a period not exceeding 21 days | |
13 | subsection 52(5) | Power to extend a period at the expiration of which a creditor's petition lapses | |
14 | subsection 55(3B) | Power to direct the Official Receiver to accept or reject a debtor's petition | |
15 | paragraph 58(3)(b) | Power to give leave to commence action with respect to provable debt | |
16 | section 81 | Powers in relation to examinations | |
17 | section 133 | Power to make orders with respect to disclaimer of onerous property | |
18 | section 180 | Power to accept resignation of registered trustee | |
19 | subsection 206(1) | Power to adjourn a creditor's petition if creditors have passed a resolution for a deed and to subsequently dismiss the petition | |
20 | section 222 | Power to set aside personal insolvency agreements | |
21 | section 222C | Power to terminate personal insolvency agreements | |
22 | subsection 244(9) | Power to direct service of a creditor's petition on a person under Part XI | |
23 | subsection 244(10) | Power to dispense with service of a creditor's petition under Part XI | |
24 | subsection 244(11) | Power to make an order for the administration of an estate under Part XI | |
25 | subsection 244(12) | Power to dismiss a creditor's petition under Part XI | |
26 | subsection 244(13) | Power to give leave to present a creditor's petition under Part XI | |
27 | subsection 247(1A) | Power to make an order for the administration of the estate of a deceased person on the petition of a person administering the estate | |
28 | section 264B | Power to issue a warrant | |
29 | subsection 309(2) | Power to order substituted service | |
Part 1A -- Insolvency Practice Schedule (Bankruptcy)
Item | Provision of
the | Description | |
1 | subsection 45 - 1(1) | Power to make orders in relation to a registered trustee | |
2 | section 70 - 90 | Power to order a trustee to give relevant material to a person | |
3 | subsection 80 - 50(2) | Power to approve a committee of inspection incurring expenses in obtaining advice or assistance | |
4 | paragraph 80 - 55(5)(b) | Power to give leave for a member of committee of inspection to derive a profit or advantage | |
5 | subsection 90 - 5(1) | Power to inquire into the administration of a regulated debtor's estate | |
6 | subsection 90 - 5(2) | Power to require a trustee or former trustee to give information, provide a report or produce a document | |
7 | subsection 90 - 10(1) | Power to inquire into the administration of a regulated debtor's estate | |
8 | subsection 90 - 10(3) | Power to require a trustee or former trustee to give information, provide a report or produce a document | |
9 | section 90 - 15 | Power to make orders in relation to the administration of a regulated debtor's estate | |
10 | subsections 90 - 35(5) and (6) | Power to order the reappointment of a former trustee and additional orders | |
11 | subsection 100 - 5(2) | Power to approve assignment of a right to sue after trustee's action has commenced | |
Part 2 -- Federal Court (Bankruptcy) Rules 2016
Item | Provision
of the | Description | |
1 | rule 1.04 | Power to make an order about the application of these Rules | |
2 | rule 2.03 | Power to grant leave to be heard in a proceeding, including the following powers: (a) to impose conditions on the granting of the leave; (b) to revoke the leave; (c) to order the payment of costs; (d) to order that a person not be further heard until costs are paid or secured | |
3 | rule 2.06 | Power to grant leave to oppose an application or a petition | |
4 | subrule 3.03(5) | Extension of time for compliance with a bankruptcy notice | |
5 | rule 4.05 | Power to make orders as to service of a creditor's petition | |
6 | rule 6.02 | Power to order that an application under section 50 of the Bankruptcy Act for a person to be summoned for examination be heard in the absence of a party or in closed court | |
7 | rule 6.07 | Power to order that an application under section 81 of the Bankruptcy Act for a relevant person to be summoned for examination be heard in the absence of a party or in closed court | |
8 | rule 6.13 | Power to order that an application under section 81 of the Bankruptcy Act for an examinable person to be summoned for examination be heard in the absence of a party or in closed court | |
9 | paragraph 8.02(4)(c) | Power to make orders as to service of an application under section 180 or subsection 183(1) of the Bankruptcy Act | |
10 | rule 10.03 | Power to make orders with respect to service of applications under sections 222 and 222C of the Bankruptcy Act | |
11 | rule 11.02 | Power to make orders as to service of a creditor's petition presented under section 244 of the Bankruptcy Act | |
12 | rule 11.05 | Power to make orders as to service of a creditor's petition presented under section 247 of the Bankruptcy Act | |
13 | rule 13.01 | Power to order costs, including for a fixed amount | |