Commonwealth Consolidated Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 - SCHEDULE 1

Powers of the Court that may be exercised by a Registrar

Note:   See rule   2.02.

Part   1 -- Bankruptcy Act

 

 

Item

Provision of the
Bankruptcy Act 1966

Description
(for information only)

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   52(1)

Power to make a sequestration order against the estate of a debtor

10

subsection   52(2)

Power to dismiss a creditor's petition

11

subsection   52(3)

Power to stay all proceedings under a sequestration order for a period not exceeding 21 days

12

subsection   52(5)

Power to extend a period at the expiration of which a creditor's petition lapses

13

subsection   55(3B)

Power to direct the Official Receiver to accept or reject a debtor's petition

14

section   81

Powers in relation to examinations

15

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

16

subsection   244(9)

Power to direct service of a creditor's petition on a person under Part   XI

17

subsection   244(10)

Power to dispense with service of a creditor's petition under Part   XI

18

subsection   244(11)

Power to make an order for the administration of an estate under Part   XI

19

subsection   244(12)

Power to dismiss a creditor's petition under Part   XI

20

subsection   244(13)

Power to give leave to present a creditor's petition under Part   XI

21

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

22

section   264B

Power to issue a warrant

23

subsection   309(2)

Power to order substituted service

Part   2 -- Federal Court (Bankruptcy) Rules   2016

 

 

Item

Provision of the
Federal Court (Bankruptcy) Rules   2016

Description
(for information only)

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   11.02

Power to make orders as to service of a creditor's petition presented under section   244 of the Bankruptcy Act

11

rule   11.05

Power to make orders as to service of a creditor's petition presented under section   247 of the Bankruptcy Act

12

rule   13.01

Power to order costs, including for a fixed amount



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