Commonwealth Numbered Regulations Commonwealth Numbered RegulationsWe, Federal Magistrates, make the following Rules of Court under the Federal Magistrates Act 1999.
Dated 30 January 2006
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Federal Magistrates
JOHN MATHIESON
Chief Executive Officer
Contents
Part 1 Preliminary 8
1.01 Name of Rules 8
1.02 Commencement 8
1.03 Application of these Rules and other rules of the Court 8
1.04 Interpretation 8
1.05 Expressions used in the Bankruptcy Act 9
1.06 Forms 9
Part 2 General 10
2.01 Originating application and interim application 10
2.02 Exercise of powers by Registrars 11
2.03 Review of exercise of powers by Registrars 12
2.04 Leave to be heard 12
2.05 Appearance at application or examination 13
2.06 Opposition to application, interim application or petition 13
Part 3 Bankruptcy notices 14
3.01 Substituted service 14
3.02 Setting aside bankruptcy notice (Bankruptcy Act s 41 (6A), (6C) and (7)) 14
3.03 Extension of time for compliance with bankruptcy notice (Bankruptcy Act s 41 (6A) and (6C)) 15
Part 4 Creditors’ petitions 16
4.01 Application of Part 4 16
4.02 Requirements for creditor’s petition and supporting affidavit (Bankruptcy Act s 47) 16
4.03 Creditor’s petition founded on issue of execution against debtor (Bankruptcy Act s 40 (1) (d)) 16
4.04 Creditor’s petition founded on failure to comply with bankruptcy notice etc (Bankruptcy Act s 40 (1) (g)) 17
4.05 Documents to be served 17
4.06 Additional affidavits to be filed before hearing 18
4.07 Fax copy may be filed in certain cases 19
4.08 Notification and entry of sequestration order 19
4.09 Entry of order for dismissal etc of creditor’s petition 19
4.10 Service of order 20
Part 5 Debtors’ petitions 21
5.01 Referral of debtor’s petition 21
Part 6 Examinations 22
Division 6.1 Interpretation 22
6.01 Definition for Part 6 22
Division 6.2 Examination of debtor or examinable person 22
6.02 Application for summons (Bankruptcy Act s 50) 22
6.03 Hearing of application 23
6.04 Requirements for summons 23
6.05 Service of summons 23
6.06 Application for discharge of summons 24
Division 6.3 Examination of relevant person 24
6.07 Application for summons (Bankruptcy Act s 81) 24
6.08 Hearing of application 25
6.09 Requirements for summons 25
6.10 Service of summons 25
6.11 Failure to attend examination 25
6.12 Application for discharge of summons 26
Division 6.4 Examination of examinable person 26
6.13 Application for summons (Bankruptcy Act s 81) 26
6.14 Hearing of application 27
6.15 Requirements for summons 27
6.16 Service of summons 28
6.17 Application for discharge of summons 28
6.18 Conduct money and witnesses expenses 28
Part 7 Annulment or review of bankruptcy 30
Division 7.1 Annulment of bankruptcy 30
7.01 Application of Division 7.1 30
7.02 Requirements for application 30
7.03 Notice to creditors 30
7.04 Report by trustee 30
7.05 Entry and service of annulment order 31
Division 7.2 Review of sequestration order 31
7.06 Review of Registrar’s decision 31
Part 8 Trustees 33
8.01 Objection to appointment of trustee (Bankruptcy Act s 157 (6)) 33
8.02 Resignation or release of trustee (Bankruptcy Act ss 180, 183) 33
Part 9 Debt agreements 35
9.01 Application of Part 9 35
9.02 Requirements for application 35
9.03 Service 36
9.04 Notice to creditors 36
9.05 Entry and service of order 36
Part 10 Personal insolvency agreements 37
10.01 Application of Part 10 37
10.02 Requirements for application 37
10.03 Service 38
10.04 Notice to creditors 38
10.05 Entry and service of order 38
Part 11 Administration of estates of deceased persons 39
11.01 Creditor’s petition (Bankruptcy Act s 244) 39
11.02 Additional affidavits to be filed before hearing of creditor’s petition 39
11.03 Administrator’s petition (Bankruptcy Act s 247) 40
11.04 Entry and service of order 40
Part 12 Warrants 41
12.01 Arrest of debtor or bankrupt (Bankruptcy Act s 78) 41
12.02 Apprehension of person failing to attend Court (Bankruptcy Act s 264B (1)) 41
Part 13 Costs 43
Division 13.1 Orders for costs 43
13.01 Basis for costs 43
Division 13.2 Short form bills of costs 43
13.02 Application of Division 13.2 43
13.03 Short form bill of costs 44
13.04 Claim for costs 44
13.05 Attendance at taxation hearing 45
Schedule 1 Forms 46
Form 1 Title 46
Form 2 Application 47
Form 3 Interim application 50
Form 4 Notice of appearance 52
Form 5 Notice stating grounds of opposition to application, interim application or petition 54
Form 6 Creditor’s petition 56
Form 7 Sequestration order 60
Form 8 Referral of debtor’s petition 62
Form 9 Summons for examination 64
Form 10 Application for summons to examine relevant person or examinable person 66
Form 11 Notice to creditors of annulment application 68
Form 12 Notice to creditors of application for review of Registrar’s decision to make sequestration order 69
Form 13 Notice to creditors 71
Form 14 Applicant creditor’s petition for administration of deceased person’s estate 73
Form 15 Administrator’s petition 76
Form 16 Arrest warrant 79
Form 17 Apprehension warrant 81
Schedule 2 Powers of the Court that may be exercised by a Registrar 83
Schedule 3 Notes to these Rules 85
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.
† The following information must appear at the foot of the first page of this application.
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Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address:
† The following information must appear at the foot of the first page of this notice.
Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address:
† The following information must appear at the foot of the first page of this notice.
Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address:
† The following information must appear at the foot of the first page of this petition.
Filed by
Name:
Address for service:
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Filed by
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Filed by
Name:
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† The following information must appear at the foot of the first page of this summons.
Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address:
† The following information must appear at the foot of the first page of this application.
Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address:
† The following information must appear at the foot of the first page of this notice.
Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address:
† The following information must appear at the foot of the first page of this notice.
Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address:
† The following information must appear at the foot of the first page of this notice.
Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address:
† The following information must appear at the foot of the first page of this petition.
Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address:
† The following information must appear at the foot of the first page of this petition.
Filed by
Name:
Address for service:
Telephone: Fax number:
E-mail address: