FEDERAL COURT (BANKRUPTCY) RULES 2016

Table of Provisions

PART 1--PRELIMINARY

• 1.01 Name
• 1.03 Authority
• 1.04 Application of these Rules and other Rules of the Court
• 1.05 Interpretation
• 1.06 Expressions used in the Bankruptcy Act
• 1.07 Forms

PART 2--GENERAL

• 2.01 Originating application and interim application
• 2.02 Exercise of powers by Registrars
• 2.03 Leave to be heard
• 2.04 Appearance at hearing or examination
• 2.05 Change of return date of creditor's petition
• 2.06 Opposition to application, interim application or petition

PART 3--BANKRUPTCY--NOTICES

• 3.01 Substituted service
• 3.02 Setting aside bankruptcy notice
• 3.03 Extension of time for compliance with bankruptcy notice

PART 4--CREDITORS----PETITIONS

• 4.01 Application of Part 4
• 4.02 Requirements for creditor's petition and supporting affidavit
• 4.03 Creditor's petition founded on issue of execution against debtor
• 4.04 Creditor's petition founded on failure to comply with bankruptcy notice etc.
• 4.05 Documents to be served
• 4.06 Additional affidavits to be filed before hearing
• 4.07 Notification and entry of sequestration order
• 4.08 Entry of order for dismissal etc. of creditor's petition
• 4.09 Service of order

PART 5--DEBTORS----PETITIONS

• 5.01 Referral of debtor's petition

PART 6--EXAMINATIONS

Division 6.1--Examination of debtor or examinable person under section 50 of the Bankruptcy Act

• 6.01 Application for summons
• 6.02 Hearing of application
• 6.03 Requirements for summons
• 6.04 Service of summons
• 6.05 Application for discharge of summons

Division 6.2--Examination of relevant person under section 81 of the Bankruptcy Act

• 6.06 Application for summons
• 6.07 Hearing of application
• 6.08 Requirements for summons
• 6.09 Service of summons
• 6.10 Failure to attend examination
• 6.11 Application for discharge of summons

Division 6.3--Examination of examinable person under section 81 of the Bankruptcy Act

• 6.12 Application for summons
• 6.13 Hearing of application
• 6.14 Requirements for summons
• 6.15 Service of summons
• 6.16 Application for discharge of summons
• 6.17 Conduct money and witnesses expenses

PART 7--ANNULMENT--OR REVIEW OF BANKRUPTCY

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 Entry and service of annulment order

Division 7.2--Review of sequestration order

• 7.05 Review of Registrar's decision

Division 7.3--Report by trustee

• 7.06 Report by trustee

PART 8--TRUSTEES

• 8.01 Applications in relation to the appointment of a trustee
• 8.02 Resignation or release of trustee

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

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

PART 11--ADMINISTRATION--OF ESTATES OF DECEASED PERSONS

• 11.01 Creditor's petition
• 11.02 Documents to be served
• 11.03 Additional affidavits to be filed before hearing of creditor's petition
• 11.04 Administrator's petition
• 11.05 Documents to be served
• 11.06 Entry of order

PART 12--WARRANTS

• 12.01 Arrest of debtor or bankrupt
• 12.02 Apprehension of person failing to attend Court
• 12.03 Warrant for seizure of property connected with the bankrupt

PART 13--COSTS

Division 13.1--Orders for costs

• 13.01 Basis for costs

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

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

PART 15--TRANSITIONAL--PROVISIONS

Division 15.1--Transitional provisions relating to the Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017

• 15.01 Transitional--release of trustee
• SCHEDULE 1 Powers of the Court that may be exercised by a Registrar