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Federal Court (Bankruptcy) Rules 2005
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Attorney-General's Department
This item is authorised by the following title:
Federal Court of Australia Act 1976
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F2015C00384
02 May 2015
-
31 March 2016
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Part 1—Preliminary
1.01 Name of Rules
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
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Part 2—General
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
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Part 3—Bankruptcy notices
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))
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Part 4—Creditors’ petitions
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
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Part 5—Debtors’ petitions
5.01 Referral of debtor’s petition
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Part 6—Examinations
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Division 6.1—Interpretation
6.01 Definition for Part 6
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Division 6.2—Examination of debtor or examinable person
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
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Division 6.3—Examination of relevant person
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
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Division 6.4—Examination of examinable person
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
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Part 7—Annulment or review of bankruptcy
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Division 7.1—Annulment of bankruptcy
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
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Division 7.2—Review of sequestration order
7.06 Review of Registrar’s decision
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Part 8—Trustees
8.01 Objection to appointment of trustee (Bankruptcy Act s 157(6))
8.02 Resignation or release of trustee (Bankruptcy Act ss 180, 183)
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Part 9—Debt agreements
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
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Part 10—Personal insolvency agreements
10.01 Application of Part 10
10.02 Requirements for application
10.03 Service
10.04 Notice to creditors
10.05 Entry of order
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Part 11—Administration of estates of deceased persons
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 of order
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Part 12—Warrants
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))
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Part 13—Costs
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Division 13.1—Orders for costs
13.01 Basis for costs
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Division 13.2—Short form bills of 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
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Part 14—Proceedings under Cross-Border Insolvency Act
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
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Schedule 1—Forms
Form 1—Document 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
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Schedule 3—Notes to these Rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history