Commonwealth Numbered Regulations

1980 No. 386 BANKRUPTCY RULES (AMENDMENTS) - REG 61

61. After Part IX of the Bankruptcy Rules the following Part is inserted:

"PART IXA
SPECIAL PROVISIONS RELATING TO JOINT DEBTORS
Division 1-Joint Bankruptcies Interpretation

"100A. (1) In this Division, unless the contrary intention appears-
'joint bankruptcy' means-

   (a)  a bankruptcy that occurs as the result of a sequestration order made
        under section 52 of the Act, being an order made on a petition
        presented under section 46 of the Act;

   (b)  a bankruptcy that occurs by force of section 56 or 57 of the Act; or

   (c)  bankruptcies in respect of which an order under section 53 of the Act
        has been made;
'joint creditors' means the creditors of joint debtors made bankrupt in a
joint bankruptcy;
'separate creditors', in relation to a joint bankruptcy, means creditors other
than joint creditors.



"(2) Where an order has been made under section 248A of the Act, the
provisions of this Part apply to and in relation to the joint and separate
estates to which the order relates.

Trustee in joint bankruptcy

"100B. In a joint bankruptcy, notice under rule 92 of the first meeting of
creditors shall be given to both the joint and separate creditors.

Voting at meetings of creditors

"100C. At a meeting of joint and separate creditors-

   (a)  separate creditors shall not vote on a resolution proposed for
        consideration by joint creditors; and

   (b)  joint creditors shall not vote on a resolution proposed for
        consideration by separate creditors.

Petitioning partner to give trustee certain information

"100D. Where some only of the members of a partnership present a debtor's
petition under section 56 of the Act, each petitioning partner shall furnish
the trustee with the name and address of each other person who is known to
that petitioning partner to be a member of the partnership and who is not a
petitioning partner.

"Division 2-Joint Arrangements under Part X of the Act

Modifications of Part X of Act for purposes of section 187A

"100E. The following modifications of Part X of the Act are prescribed for the
purposes of section 187A of the Act:

   (a)  section 188 of the Act is modified by adding at the end thereof the
        following sub-section:
'(5) Where some only of the members of a partnership sign an authority under
this section, each member who signs the authority shall furnish the trustee or
the solicitor to whom the authority is given with the name and address of each
other person who is known to that member to be a member of the partnership and
who did not sign the authority.'; and

   (b)  section 195 of the Act is modified by inserting after sub-section (1)
        the following sub-section:
'(1A) Joint debtors shall submit both a statement of their joint affairs and a
statement of the separate affairs of each debtor.'. Application to meetings
held under Part X of Act



"100F. The provisions of Division 1 of this Part with respect to the holding
and conduct of a meeting held in pursuance of section 64 of the Act apply, so
far as they are applicable, to the holding and conduct of a meeting held in
pursuance of section 188 of the Act and to any subsequent meetings held under
Part X of the Act.".