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   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
Insolvency Practice Schedule (Bankruptcy)

Description
(for information only)

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
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   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



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