Commonwealth Numbered Regulations

1980 No. 386 BANKRUPTCY RULES (AMENDMENTS) - REG 32

32. Rule 51 of the Bankruptcy Rules is repealed and the following rules
substituted: Certificate of discharge

"51. A certificate of discharge issued under sub-paragraph 260 (1) (a) (iii)
of the Act shall be in accordance with Form 25.

Matters prescribed for the purposes of sub-section 149 (10) of the Act

"51A. The following matters are prescribed for the purposes of sub-section 149
(10) of the Act:

   (a)  whether the bankrupt is able, or is likely within 5 years from the
        date of the bankruptcy to be able, to make a significant contribution
        to his estate;

   (b)  whether the discharge of the bankrupt would prejudice the
        administration of his estate;

   (c)  whether the bankrupt has co-operated in the administration of his
        estate;

   (d)  the conduct of the bankrupt, in respect of the period both before and
        after the date of the bankruptcy;

   (e)  any matters arising out of the conduct of the bankrupt as a bankrupt,
        being matters that are the subject of an investigation that is not
        completed;

   (f)  the age and state of health of the bankrupt;

   (g)  any evidence adduced by the bankrupt, the Official Receiver, the
        trustee or a creditor relating to-

        (i)    the circumstances in which the debts of the bankrupt were
               incurred, including the bankrupt's experience in, and
               understanding of, financial matters and of the obligations
               imposed on the bankrupt as a result of incurring the debts; and

        (ii)   the conduct of the bankrupt's creditors, including the nature
               and extent of any inquiries made by the creditors into the
               bankrupt's ability to pay his debts and whether the bankrupt
               was induced to incur debts by conduct on the part of the
               creditors that departed from the standards of normal and
               reasonable commercial practice.".