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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