Federal Register of Legislation - Australian Government

Primary content

Rules/Court & Tribunal Rules as made
These Rules amend the Federal Circuit Court (Bankruptcy) Rules 2016.
Administered by: Attorney-General's
Made 22 Aug 2017
Registered 24 Aug 2017
Tabled HR 04 Sep 2017
Tabled Senate 04 Sep 2017
Date of repeal 02 Sep 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

Federal Circuit Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017

We, Judges of the Federal Circuit Court of Australia, make the following Rules of Court.

 

Dated   22 August 2017

Chief Judge Pascoe

Judge Altobelli

Judge Baker

Judge Barnes

Judge Baumann

Judge Bender

Judge Brown

Judge Burchardt

Judge Cameron

Judge Coker

            Judge Cole

Judge Demack

Judge Driver

Judge Dunkley

Judge Hartnett

Judge Heffernan

Judge Hughes

Judge Jarrett

Judge Jones

Judge A Kelly

Judge C Kelly

Judge Lucev

Judge Manousaridis

Judge McGuire

Judge McNab

Judge Mead

Judge Neville

Judge Nicholls

Judge Obradovic

Judge Purdon-Sully

Judge Riethmuller

Judge Riley

Judge Small

Judge Smith

Judge Stewart

Judge Street

Judge Terry

Judge Tonkin

Judge Vasta

Judge Williams

Judge Wilson

Judge Young

Judges of the Federal Circuit
Court of Australia

Dr Stewart Fenwick Chief Executive Officer

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Federal Circuit Court (Bankruptcy) Rules 2016                                                                             2

 


1  Name

                   These Rules are the Federal Circuit Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017.

2  Commencement

             (1)  Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of these Rules

1 September 2017.

1 September 2017

Note:          This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.

             (2)  Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.

3  Authority

                   These Rules are made under the Federal Circuit Court of Australia Act 1999.

4  Schedules

                   Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.

Schedule 1Amendments

  

Federal Circuit Court (Bankruptcy) Rules 2016

1  Rule 2.01 (paragraphs (f) and (g) of note 1)

Repeal the paragraphs.

2  Subrule 2.02(1)

Repeal the subrule, substitute:

             (1)  For the purposes of paragraph 102(2)(i) of the Act, the following powers of the Court are prescribed:

                     (a)  a power of the Court under a provision of the Bankruptcy Act referred to in Part 1 of Schedule 1;

                     (b)  a power of the Court under a provision of these Rules referred to in Part 2 of Schedule 1.

3  Rule 8.01

Repeal the rule, substitute:

8.01  Applications in relation to the appointment of a trustee

             (1)  This rule applies to an application under section 90‑20 of Schedule 2 to the Bankruptcy Act for either of the following orders:

                     (a)  an order that a person cease to be the trustee of an estate;

                     (b)  an order that another person be appointed as the trustee of an estate.

             (2)  The application must be accompanied by an affidavit stating the grounds in support of the application.

             (3)  At least 28 days before the date fixed for the hearing of the application, the applicant must serve the application and supporting affidavit on the trustee and any petitioning creditor.

             (4)  At least 14 days before the date fixed for the hearing of the application, the applicant must serve the application and supporting affidavit on each person known to the applicant to be a creditor of the estate.

             (5)  If the Court makes the order sought, the applicant must, as soon as practicable, serve a copy of the order on the Official Receiver.

4  Paragraph 8.02(3)(b)

Omit “the most recent account required under subsection 173(1) of the Bankruptcy Act”, substitute “the books referred to in section 70‑10 of Schedule 2 to the Bankruptcy Act in relation to the estate”.

5  After Part 13

Insert:

Part 14Transitional provisions

Division 14.1Transitional provisions relating to the Federal Circuit Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017

14.01  Transitional—release of trustee

             (1)  This rule applies if:

                     (a)  an application referred to in paragraph 8.02(1)(b) is made after 1 September 2017 for the release of a trustee from the trusteeship of an estate; and

                     (b)  because of item 143 of Schedule 1 to the Insolvency Law Reform Act 2016, the trustee is required to keep accounts and records (the old accounts) in relation to the estate in accordance with section 173 of the Bankruptcy Act (as that section was in force immediately before it was repealed by Schedule 1 to the Insolvency Law Reform Act 2016).

             (2)  In addition to the books referred to in paragraph 8.02(3)(b), a copy of the old accounts must be attached to the affidavit accompanying the application.

6  Schedule 1 (after the note to Schedule heading)

Insert:

Part 1Bankruptcy Act

7  At the end of Schedule 1

Add:

Part 2Federal Circuit Court (Bankruptcy) Rules 2016

  

 

Item

Provision of the
Federal Circuit Court (Bankruptcy) Rules 2016

Description
(for information only)

1

rule 1.04

Power to make an order about the application of these Rules

2

rule 2.03

Power to grant leave to be heard in a proceeding, including the following powers:

(a) to impose conditions on the granting of the leave;

(b) to revoke the leave;

(c) to order the payment of costs;

(d) to order that a person not be further heard until costs are paid or secured

3

rule 2.06

Power to grant leave to oppose an application or a petition

4

subrule 3.03(5)

Extension of time for compliance with a bankruptcy notice

5

rule 4.05

Power to make orders as to service of a creditor’s petition

6

rule 6.02

Power to order that an application under section 50 of the Bankruptcy Act for a person to be summoned for examination be heard in the absence of a party or in closed court

7

rule 6.07

Power to order that an application under section 81 of the Bankruptcy Act for a relevant person to be summoned for examination be heard in the absence of a party or in closed court

8

rule 6.13

Power to order that an application under section 81 of the Bankruptcy Act for an examinable person to be summoned for examination be heard in the absence of a party or in closed court

9

paragraph 8.02(4)(c)

Power to make orders as to service of an application under section 180 or subsection 183(1) of the Bankruptcy Act

10

rule 11.02

Power to make orders as to service of a creditor’s petition presented under section 244 of the Bankruptcy Act

11

rule 11.05

Power to make orders as to service of a creditor’s petition presented under section 247 of the Bankruptcy Act

12

rule 13.01

Power to order costs, including for a fixed amount