Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1976 No. 161 of 1976 - SECT 9

9. (1) In this section-

''former court'' means the Federal Court of Bankruptcy;

''proclaimed day'' means the day on which the Federal Court of Bankruptcy is
abolished under section 8.

(2) Where, immediately before the proclaimed day, proceedings in the former
court were uncompleted-

   (a)  the proceedings are, by force of this Act, transferred to the Federal
        Court of Australia on the proclaimed day;

   (b)  the Federal Court of Australia may hear, or further hear, the
        proceedings, if the hearing was not completed before the
        proclaimed day, and may determine the proceedings, and, for those
        purposes, a Judge exercising the jurisdiction of the Federal Court of
        Australia may have regard to any evidence or argument in the
        proceedings as proceedings in the former court;

   (c)  all documents filed or lodged, or moneys lodged, with a Registrar in
        Bankruptcy in relation to the proceedings shall be deemed to have been
        filed or lodged in relation to the proceedings as so transferred to
        the Federal Court of Australia; and

   (d)  all things done in or in relation to the proceedings as proceedings in
        the former court shall be deemed to have been done in or in relation
        to the proceedings as proceedings in the Federal Court of Australia.

(3) An order, direction or warrant made, given or issued by the former court
or a Judge of the former court and in force immediately before the proclaimed
day continues in force, and may be enforced, rescinded, varied, suspended or
discharged, and proceedings for contempt of court may be had in relation to
such an order or direction, as if the order, direction or warrant had been
made, given or issued by the Federal Court of Australia or a Judge of that
Court.

(4) Where-

   (a)  a bankruptcy notice issued under the Bankruptcy Act 1966 before the
        proclaimed day specified the former court as the court to the
        satisfaction of which payment of a sum could be secured by the
        judgment debtor; and

   (b)  the time for compliance with the bankruptcy notice had not expired
        before the proclaimed day, the notice has effect on and after that day
        as if the Federal Court of Australia were the same court as the
        former court.

(5) Where an order or a notice, summons or other document made or issued by or
in relation to proceedings in the former court before the proclaimed day
refers to the former court, the reference shall, for the purposes of the
operation of the order or document on or after that day, and for the purposes
of proceedings to which this section applies, be deemed to be a reference to
the Federal Court of Australia.
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