Commonwealth Numbered Regulations

1980 No. 386 BANKRUPTCY RULES (AMENDMENTS) - REG 21

21. Rule 34 of the Bankruptcy Rules is repealed and the following rule
substituted: Dispensing with, or postponement of, public examination

"34. (1) An application for a direction under sub-section 69 (15) of the Act
may be made by-

   (a)  the Official Receiver;

   (b)  the trustee; or

   (c)  the bankrupt or another person acting on behalf of the bankrupt.



"(2) An application referred to in sub-rule (1) may be made to the Registrar
ex parte by the Official Receiver by filing a request in writing, together
with-

   (a)  a certificate of a legally qualified medical practitioner giving
        particulars of the bankrupt's mental or physical disability; and

   (b)  a report by the Official Receiver or the trustee, as the case may be,
        setting out any other matters that the Official Receiver, or the
        trustee, wishes the Registrar to consider in connection with the
        application.



"(3) Where an application referred to in sub-rule (1) is made by a person
other than the Official Receiver or the trustee-

   (a)  the applicant may file, in support of the application, a certificate
        of a legally qualified medical practitioner giving particulars of the
        bankrupt's mental or physical disability; and

   (b)  a copy of the application, being a copy on which particulars of the
        date, time and place fixed for hearing of the application appear,
        shall be served on the Official Receiver and on the trustee.



"(4) Before making a recommendation referred to in sub-section 69 (13) of the
Act, the Official Receiver shall give notice in writing to the bankrupt's
creditors that he proposes to make the recommendation.".