Commonwealth Numbered Regulations

1980 No. 386 BANKRUPTCY RULES (AMENDMENTS) - REG 71

71. Rule 182 of the Bankruptcy Rules is amended-
(a) by omitting from sub-rule (1) "official receiver" and substituting

"Official Receiver";

   (b)  by omitting sub-rules (1A) and (2) and substituting the following
        sub-rules:

"(1A) The fees specified in Schedule 6 are payable to the Official Trustee in
respect of the matters in relation to which they are so specified.



"(2) Where the Official Trustee-

   (a)  acts as trustee of the estate of a bankrupt or a deceased person in
        respect of whose estate an order for administration has been made
        under Part XI of the Act;

   (b)  takes control of the property of a debtor by virtue of a direction of
        the Court under section 50 of the Act; or

   (c)  acts as controlling trustee, or as trustee as the result of a deed of
        assignment or deed of arrangement, under Part X of the Act,
the Official Trustee is entitled to receive-

   (d)  if the prescribed amount in respect of the estate or the debtor does
        not exceed $1,000-a fee of $150;

   (e)  if the prescribed amount in respect of the estate or the debtor
        exceeds $1,000 but does not exceed $20,000-a fee equal to the sum of
        $150 and an amount equal to 10 per centum of the amount by which the
        prescribed amount exceeds $1,000;

   (f)  if the prescribed amount exceeds $20,000 but does not exceed $40,000-a
        fee equal to the sum of $2,050 and an amount equal to 71/2 per centum
        of the amount by which the prescribed amount exceeds $20,000; or

   (g)  if the prescribed amount exceeds $40,000-a fee equal to the sum of
        $3,550 and an amount equal to 5 per centum of the amount by which the
        prescribed amount exceeds $40,000.";

   (c)  by omitting from sub-rule (3) "official receiver" (wherever occurring)
        and substituting "Official Trustee";

   (d)  by omitting from sub-rule (4) "official receiver" (wherever occur-
        ring) and substituting "Official Trustee"; and

   (e)  by adding at the end thereof the following sub-rule:

"(5) Where-

   (a)  the Official Trustee administers the estate of a bankrupt or deceased
        person;

   (b)  the bankrupt, or a person acting on behalf of the bankrupt or deceased
        person, applies property that has vested in the Official Trustee by
        virtue of section 58 of the Act in payment of a creditor of the
        estate; and

   (c)  the Official Trustee is thereby prevented from realizing or bringing
        to credit the value of that property,
the property so applied shall, unless the Court otherwise orders, be deemed,
for the purposes of sub-rule (4), to have been realized or brought to credit
by the Official Trustee.".