Federal Court (Bankruptcy) Rules 2005

No longer in force

Administered by

Attorney-General's Department

This item is authorised by the following title:

Federal Court of Australia Act 1976

Superseded version

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F2009C00542

01 July 2009 - 31 December 2011

Table of contents

1.01 Name of Rules [see Note 1]
1.02 Commencement
1.03 Application of these Rules and other rules of the Court
1.04 Interpretation
1.05 Expressions used in the Bankruptcy Act
1.06 Forms
2.01 Originating application and interim application
2.02 Exercise of powers by Registrars
2.03 Review of exercise of powers by Registrars
2.04 Leave to be heard
2.05 Appearance at application or examination
2.06 Opposition to application, interim application or petition
3.01 Substituted service
3.02 Setting aside bankruptcy notice (Bankruptcy Act s 41 (6A), (6C) and (7))
3.03 Extension of time for compliance with bankruptcy notice (Bankruptcy Act s 41 (6A) and (6C))
4.01 Application of Part 4
4.02 Requirements for creditor’s petition and supporting affidavit (Bankruptcy Act s 47)
4.03 Creditor’s petition founded on issue of execution against debtor (Bankruptcy Act s 40 (1) (d))
4.04 Creditor’s petition founded on failure to comply with bankruptcy notice etc (Bankruptcy Act s 40 (1) (g))
4.05 Documents to be served
4.06 Additional affidavits to be filed before hearing
4.07 Fax copy may be filed in certain cases
4.08 Notification and entry of sequestration order
4.09 Entry of order for dismissal etc of creditor’s petition
4.10 Service of order
5.01 Referral of debtor’s petition
6.01 Definition for Part 6
6.02 Application for summons (Bankruptcy Act s 50)
6.03 Hearing of application
6.04 Requirements for summons
6.05 Service of summons
6.06 Application for discharge of summons
6.07 Application for summons (Bankruptcy Act s 81)
6.08 Hearing of application
6.09 Requirements for summons
6.10 Service of summons
6.11 Failure to attend examination
6.12 Application for discharge of summons
6.13 Application for summons (Bankruptcy Act s 81)
6.14 Hearing of application
6.15 Requirements for summons
6.16 Service of summons
6.17 Application for discharge of summons
6.18 Conduct money and witnesses expenses
7.01 Application of Division 7.1
7.02 Requirements for application
7.03 Notice to creditors
7.04 Report by trustee
7.05 Entry and service of annulment order
7.06 Review of Registrar’s decision
8.01 Objection to appointment of trustee (Bankruptcy Act s 157 (6))
8.02 Resignation or release of trustee (Bankruptcy Act ss 180, 183)
9.01 Application of Part 9
9.02 Requirements for application
9.03 Service
9.04 Notice to creditors
9.05 Entry and service of order
10.01 Application of Part 10
10.02 Requirements for application
10.03 Service
10.04 Notice to creditors
10.05 Entry and service of order
11.01 Creditor’s petition (Bankruptcy Act s 244)
11.02 Additional affidavits to be filed before hearing of creditor’s petition
11.03 Administrator’s petition (Bankruptcy Act s 247)
11.04 Entry and service of order
12.01 Arrest of debtor or bankrupt (Bankruptcy Act s 78)
12.02 Apprehension of person failing to attend Court (Bankruptcy Act s 264B (1))
13.01 Basis for costs
13.02 Application of Division 13.2
13.03 Short form bill of costs
13.04 Claim for costs
13.05 Attendance at taxation hearing
14.01 Application of this Part and other rules of the Court
14.02 Expressions used in the Cross Border Insolvency Act
14.03 Application for recognition
14.04 Application for provisional relief under article 19 of the Model Law
14.05 Registered trustee’s consent to act
14.06 Notice of filing of application for recognition
14.07 Notice of order for recognition, withdrawal etc
14.08 Relief after recognition
14.09 Application to modify or terminate an order for recognition or other relief
- Schedule 1 Forms
- Form 1 Title
- Form 2 Application
- Form 3 Interim application
- Form 4 Notice of appearance
- Form 5 Notice stating grounds of opposition to application, interim application or petition
- Form 6 Creditor’s petition
- Form 7 Sequestration order
- Form 8 Referral of debtor’s petition
- Form 9 Summons for examination
- Form 10 Application for summons to examine relevant person or examinable person
- Form 11 Notice to creditors of annulment application
- Form 12 Notice to creditors of application for review of Registrar’s decision to make sequestration order
- Form 13 Notice to creditors
- Form 14 Applicant creditor’s petition for administration of deceased person’s estate
- Form 15 Administrator’s petition
- Form 16 Arrest warrant
- Form 17 Apprehension warrant
- Form 18 Consent to act as designated person
- Form 19 Notice of filing of application for recognition of foreign proceeding
- Form 20 Notice of making of order under Cross Border Insolvency Act 2008
- Form 21 Notice of dismissal or withdrawal of application for recognition of foreign proceeding
- Form 22 Notice of filing of application to modify or terminate an order for recognition or other relief
- Schedule 2 Powers of the Court that may be exercised by a Registrar
- Schedule 3 Notes to these Rules
- Notes to the STYLEREF Title Federal Court (Bankruptcy) Rules 2005

Federal Court (Bankruptcy) Rules 2005

Legislation text