Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BANKRUPTCY REGULATIONS 2021 (F2021L00261) - REG 75

Documents that must be given to Official Receiver

             (1)  The person specified in column 2 of an item of the table in subsection (3) must, at a time within the time period specified in column 2 of that item, give a copy of each document specified in column 1 of that item to the Official Receiver.

             (2)  If:

                     (a)  a single document is specified in column 1 of an item of the table; and

                     (b)  a person gives to the Official Receiver a copy of that document;

the Official Receiver must enter in the Index the information specified in column 3 of that item.

             (3)  If:

                     (a)  2 or more documents are specified in column 1 of an item of the table; and

                     (b)  a person gives to the Official Receiver a copy of each of those documents;

the Official Receiver must enter in the Index the information specified in column 3 of that item.

 

Documents that must be given to the Official Receiver

Item

Column 1

Document(s)

Column 2

Person and time period

Column 3

Information

1

A notice given under subsection 181A(2) of the Act by the current trustee of a bankrupt's estate nominating another trustee as the new trustee of the estate

The new trustee within 2 business days after the date specified in the notice (see paragraph 181A(3)(a) of the Act)

The day on which the new trustee became the trustee of the estate

2

An order under subsection 185Q(4) of the Act terminating a debt agreement

The applicant for the order within 3 business days after the order is made

The day on which the order was made

3

An order under subsection 185U(1) of the Act declaring all or part of a debt agreement void

The applicant for the order within 2 business days after the order is made

Both of the following:

(a) the day on which the order was made;

(b) whether all or part of the agreement was declared void

4

An authority, signed by a debtor under subsection 188(1) of the Act, naming and authorising a registered trustee, a solicitor or the Official Trustee to call a meeting of the debtor's creditors and to take control of the debtor's property

The person named in the authority within 2 business days after the debtor signs the authority

All of the following:

(a) particulars of the debtor;

(b) the day on which the copy of the authority was given to the Official Receiver;

(c) the day on which the debtor's statement of affairs was given to the Official Receiver (see subsections 188(2D) and (5) of the Act);

(d) the name of the controlling trustee (see subsection 188(6) of the Act)

5

Written evidence of an event of a kind mentioned in paragraph 192(1)(a), (b) or (c) of the Act, or a written request given to the Official Trustee under paragraph 192(1)(d) of the Act, resulting in the Official Trustee becoming the controlling trustee in relation to a debtor

The Official Trustee within 14 days after the Official Trustee becomes the controlling trustee

Both of the following:

(a) particulars of the debtor;

(b) the day on which the Official Trustee became the controlling trustee

6

Both of the following:

(a) a petition to the Court, under subsection 244(1) of the Act, for an order for the administration of the estate of a deceased person;

(b) an affidavit verifying the petition (see subsection 244(5) of the Act)

The creditor, or one of the creditors, who presented the petition to the Court within 2 business days after the petition is filed by the Court

All of the following:

(a) particulars of the deceased person;

(b) the day the petition was presented;

(c) the name of the creditor or creditors who presented the petition;

(d) the name and telephone number of any legal practitioner acting on behalf of the creditor or creditors;

(e) the day the Court is to hear the petition

7

Both of the following:

(a) a petition, under subsection 247(1) of the Act, for an order for the administration of a deceased person's estate under Part XI of the Act;

(b) a statement of the deceased person's affairs and of the petitioner's administration of the deceased person's estate (see subsection 247(1) of the Act)

The petitioner within 2 business days after the petition is filed by the Court

All of the following:

(a) particulars of the deceased person;

(b) the day on which the petition and the statement of affairs were presented;

(c) the name of the administrator;

(d) the name and telephone number of any legal practitioner acting on behalf of the administrator

8

An order, under section 252B of the Act, annulling the administration of the estate of a deceased person under Part X1 of the Act

The trustee of the estate within 2 business days after the trustee becomes aware of the order

The day on which the order was made

9

An order, under subsection 253E(1) of the Act, staying proceedings under a creditor's petition or debtor's petition

The applicant for the order within 7 business days after the order is made

Both of the following:

(a) the day on which the order was made;

(b) the length of the stay (see subsection 253E(3) of the Act)

 



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback