Commonwealth Numbered Regulations

1996 No. 308 FEDERAL COURT RULES (AMENDMENT) - RULE 5

  5.1   After Order 76, insert:


"ORDER 77 - BANKRUPTCY PROCEEDINGS Application of Bankruptcy Rules

"1. (1) In this rule, 'Bankruptcy Rules' means the Bankruptcy Rules as in
force under the Bankruptcy Act 1966 immediately before 16 December 1996.
[NOTE: This date is the date on which Schedule 1 to the Bankruptcy 
Legislation Amendment Act 1996 commences.]

"(2) Subject to subrule (4) and to any order by the Court or a Judge, the
Bankruptcy Rules, to the extent that they:

   (a)  applied to the practice and procedure of the Court in the exercise of
        its jurisdiction in bankruptcy immediately before 16 December 1996;
        and

   (b)  are consistent with the Bankruptcy Act 1966; apply as rules of the
        Court after that date.

"(3) The Rules of Court, to the extent that they are consistent with the
Bankruptcy Rules as applied by subrule (2), also apply to the practice and
procedure of the Court in the exercise of its jurisdiction in bankruptcy.

"(4) An interlocutory or other application in a proceeding which has already
been commenced, whether before, on or after 16 December 1996, may be made by
notice of motion under Order 19. Powers of Registrars

"2. (1) The Court or a Judge may direct a Registrar to exercise a power of the
Court under a provision of the Bankruptcy Act 1966 specified in column 2 of an
item in Part 3 of the Third Schedule.

"(2) Subject to subrule (3), an exercise by a Registrar of a power of the
Court may be reviewed by the Court or a Judge.

"(3) If the exercise by a Registrar of a power of the Court relates to a
matter that is listed in section 31 of the Bankruptcy Act 1966, the review
must be heard by a Judge sitting in open Court. Sunset provision

"3. Order 77 ceases to be in force on 31 July 1997.
__________".