Commonwealth Numbered Regulations

1980 No. 386 BANKRUPTCY RULES (AMENDMENTS) - REG 75

75. Schedule 1 to the Bankruptcy Rules is amended-

   (a)  by inserting after Form 6 the following form:
FORM 6A
Rule 14A
NOTICE TO SHERIFF BY CREDITOR FOR MAINTENANCE
(Title) To:
  I    (full name and address of creditor)   do solemnly and sincerely declare
as follows:
  1.  I am a judgement creditor of   (full name and address of judgement
debtor) .

  2.  The judgement order was made by   (name of the Court awarding the
judgement)   on   (date of order)  .


  3.  The judgement debt represents $   due and owing to me for arrears
accrued under a maintenance agreement entered into by me and the said   (full
name of
judgement debtor)   on   (date of agreement)   whereby it was agreed that the

said   (full name of judgement debtor)   would pay to me the sum of $   each

  for a term of   (period)  .


  4.  On   (date)   I caused a process of execution to issue out of your
Court
against the property of the said   (full name of judgement debtor)  .


or
  4.  On   (date)   I caused a process of attachment to issue out of your

Court against an amount of $   owing to   (full name of judgement debtor)   by
(full name and address of garnishee) .

  5.  On   (date)   I searched the indexes kept by the Registrar in Bankruptcy
for the Bankruptcy District of           and found that a bankruptcy petition
was filed by           against the said   (full name of judgement debtor)   on
(date of petition) .

And I make this solemn declaration by virtue of the Statutory Declarations Act
1959, and subject to the penalties provided by that Act for the making of
false statements in statutory declarations, conscientiously believing the
statements contained in this declaration to be true in every particular.

Declared at           the           day of           19  .


Before me,
(Signature and title of person before whom declaration is made)

   (b)  by inserting after Form 9A the following form:
FORM 9B
Rule 24
DEBTOR'S PETITION UNDER REGON 57
(Title)
1.  We,   (full name of debtor)   residing at   (residential address)   and

(full name of debtor)   residing at   (residential address)   being joint
debtors who are not and have not been in partnership with one another petition
the Registrar in Bankruptcy for the abovementioned Bankruptcy District for the
purpose of becoming bankrupts by force of section 57 of the Bankruptcy Act
1966.

2. (If any of the debtors are carrying on any business, or have carried on a
business in respect of which liabilities are set out in that debtor's
statement of affairs, here set out that fact and the address at which, and the
business name (if any) under which, they are carrying on the business)
Dated this           day of           19  .


Signed by the debtors in my/our presence (Signature/s and address/es of
witness/es)

   (c)  by inserting after Form 11 the following form:
FORM 11A
Rule 24B
NOTICE OF PRESENTATION OF PETITION IN BANKRUPTCY
(Title) To
.............................................................................

  I   (full name and address of attachment creditor), a person to whom you
have been ordered to pay moneys under an attachment order made by   (name of
the Court by which the attachment order was made)   on   (date of the order)
against (full name of judgement debtor)   hereby give you notice that a
petition in bankruptcy was presented by/against the said   (full name of the
judgement debtor)   on   (date of petition)  .


And Take Notice that pursuant to section 118 of the Bankruptcy Act 1966 the
attachment of the debt is suspended until the petition is dealt with by the
Court or lapses.

  Dated this           day of           19 .


Attachment Creditor

   (d)  by inserting after Form 12 the following form:
FORM 12A
Rule 29A
NOTICE OF DEMAND BY TRUSTEE
(Title) To
.............................................................................

Take notice that pursuant to sub-section 129 (4A) of the Bankruptcy Act 1966 I
(full name and address), being the (*trustee of the estate of the abovenamed
bankrupt/*Official Receiver on behalf of the Official Trustee in Bankruptcy,
the trustee of the estate of the abovenamed bankrupt) hereby demand that you
pay to me all moneys you are holding on behalf of the abovenamed bankrupt,
being moneys payable to him pursuant to   (insert details of bankrupt's claim
to moneys) and claimed by me as property divisible amongst the creditors in
the bankruptcy.

And Take Further Notice that pursuant to sub-section 129 (5) of the
Bankruptcy Act 1966 if you do not pay those moneys to me you will be guilty of
contempt of court.

  Dated this           day of           19 .


Trustee * Strike out whichever is inapplicable

   (e)  by adding at the end of Form 13 the following:

"NOTE: Section 264B of the Bankruptcy Act 1966 authorizes the issue of a
warrant for the apprehension of a person who, having been served with a
summons, fails to attend as required by the summons, or fails to appear and
report himself from day to day, as required by the Court, the Registrar or
magistrate, as the case may be.";

   (f)  by omitting Forms 15 and 16 and substituting the following forms:
FORM 15

Rule 37 PROOF OF DEBT
(Title)
I       (full name, address and occupation of person lodging proof of debt)
lodge the following proof of debt:
  1.  (full name of bankrupt)   was at the date on which he became a bankrupt,

namely                                                             (name of

creditor)      (date of bankruptcy),   and still is, justly and truly indebted

to * me    in the sum of $  , in accordance with the particulars specified in
the statement of account annexed hereto.



*2. Security is not held by *(name of creditor) or by any person on *his
behalf for the payment of me my the whole or any part of the sum specified in
paragraph 1.

*3. The following security is held by *(name of creditor) for the payment of

* part of
 me                                                                    the
whole the sum specified in paragraph 1.

*4. The vouchers by which the debt can be substantiated are specified in the
statement of account.

  Dated this           day of           19 .


(Signature of person lodging proof of debt)
STATEMENT OF ACCOUNT
------------------------------------------------------------------------------
-- Date of                                                         Vouchers

   transaction       Consideration or nature of debt      Amount     (if any)

------------------------------------------------------------------------------
--
---------------------------------------
Here insert details of Judgment (if
obtained)
---------------------------------------
Date obtained:
Judgment No.:
Court:
Judgment Debt and Costs on Judgment:
------------------------------------------------------------------------------
--

* Strike out whichever is inapplicable.

---------
FORM 16
Rule 37
PROOF OF DEBT DUE TO EMPLOYEES
(Title)
I   (insert full name, address and occupation of person lodging proof of debt)
lodge the following proof of debt:
  1.  (insert full name of bankrupt)   was at the date on which he became a

bankrupt, namely   (insert date of bankruptcy), and still is, justly and truly
indebted to a person whose name, address and occupation are specified in the
statement annexed hereto in respect of wages or salary due to the person as an
employee of the bankrupt for services rendered to the bankrupt during the
period and in the amount specified in the statement opposite to the name of
that person.

2. I am an employee of the bankrupt and I lodge this proof of debt on behalf
of all the persons whose names are specified in the statement.

3. To the best of my knowledge and belief, none of the persons whose names are
specified in the statement holds any security for payment of the whole or any
part of the amount due to him in respect of wages or salary specified in the
statement opposite to the name of that person.



*4. The name of each of the persons specified in the statement who holds
security for payment of the whole or part of the amount due to him, and
particulars of the security held by him, are as follows:
(insert name and details of security)
Dated this           day of           19 .


(Signature of person lodging proof of debt)
STATEMENT
Particulars of Employees' claims
------------------------------------------------------------------------------
-- Dates wages           Details of security

held Full name of
      employees          Address       accrued    Amount         (if any)

------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--

* Strike out if inapplicable
---------
FORM 16A
Rule 37
NOTICE THAT STATUTORY DECLARATION IN
SUPPORT OF PROOF OF DEBT REQUIRED
(Title)
To............................................................................
..

A proof of debt has been lodged by you/on your behalf claiming an amount of
$.................... Pursuant to section 84 (3) of the Bankruptcy Act 1966 I
have formed the opinion that you should lodge with me a statutory declaration
verifying the following matters contained in the proof of debt:
(here set out details of matters required to be verified)
Should a statutory declaration verifying these matters not be lodged with me
within 21 days of the date of receipt of this notice or such extension of time
as agreed to by me on your written request, I will administer the estate as if
your proof of debt had not been lodged.

  Dated this           day of           19 .


Trustee

   (g)  by inserting after Form 19 the following form:
FORM 19A
Rule 44
NOTICE REQUIRING TRUSTEE TO APPLY FOR LEAVE TO DISCLAIM LEASE
(Title)
To:   (full name and address of trustee)

I   (full name and address of person giving notice),   the (lessor or
sub-lessee or mortgagee) of the lease (set out particulars of the lease) which
you, by notice dated           gave me notice that you intend to disclaim,
hereby, in pursuance of paragraph 133 (4) (b) of the Bankruptcy Act 1966,
require you to apply to the Court for leave to disclaim the lease.

  Dated this           date of           19 .


Lessor/Sub-lessee/Mortgagee

   (h)  by inserting after Form 30 the following form:
FORM 30A
Rule 62A
CERTIFICATE OF APPOINTMENT OF TRUSTEE
(Title)
This is to certify that   (name and address of trustee)   has been appointed

by the creditors/ Court to the office of trustee of the estate of   (insert

name of bankrupt)   who became a bankrupt on the           day of           19
.

  Dated this           day of           19 .


Registrar

   (j)  by inserting after Form 33 the following forms:
FORM 33A
Rule 74A
Bankruptcy Act 1966
AUTHORITY TO REGISTERED TRUSTEE TO CALL MEETING OF
CREDITORS AND TAKE OVER CONTROL OF PROPERTY
In pursuance of section 188 of the Bankruptcy Act 1966, I   (name of debtor)

of (address and occupation)   hereby authorize   (name and address of

registered trustee)   to call a meeting of my creditors for the purposes of
Part X of that Act and to take over control of my property in accordance with
that Part.

Signed by the said
(name of debtor)   this

day of           19 ,
in the presence of- (Signature of witness)
I, the said   (name of registered trustee)  , do hereby consent to exercise
the powers conferred on me by the above-mentioned authority.

Signed by the said (name of registered trustee)   this day of           19 ,
in the presence of- (Signature of witness)
---------
FORM 33B
Rule 74A
Bankruptcy Act 1966
AUTHORITY TO SOLICITOR TO CALL MEETING OF CREDITORS
In pursuance of section 188 of the Bankruptcy Act 1966, I   (name of debtor)

of (address and occupation)   hereby authorize   (name and address of
solicitor) to call a meeting of my creditors for the purposes of Part X of
that Act.

Signed by the said
(name of debtor)   this

day of           19 ,
in the presence of- (Signature of witness)
I, the said   (name of solicitor),   do hereby consent to call a meeting of
creditors of the abovenamed debtor for the purposes of Part X of the
Bankruptcy Act 1966.

Signed by the said
(name of solicitor)   this

day of           19 ,
in the presence of- (Signature of witness)

   (k)  by inserting after Form 36 the following forms:
FORM 36A
Rule 80A
Bankruptcy Act 1966
DEED OF ASSIGNMENT
  THIS DEED made the           day of           One thousand nine hundred and
in pursuance of Part X of the Bankruptcy Act 1966
BETWEEN           of           in the State of (or as the case may be)

(hereinafter called "the Debtor") of the one part and in the said State (or as
the case may be) registered Trustee or the other part (hereinafter called "the
Trustee"):
WITNESSETH that-

   (a)  the Debtor conveys and assigns to the Trustee all his divisible
        property within the meaning of Part X of the Bankruptcy Act 1966 UPON
        TRUST to deal with the same in accordance with Part X of that Act for
        the benefit of the creditors of the Debtor and as to any surplus after
        paying in full the several debts and liabilities of the Debtor proved
        under this Deed together with the costs charges and expenses of or
        incidental to the execution of the trusts of this Deed (including the
        remuneration and expenses of the Trustee) UPON TRUST for the Debtor
        his executors administrators or assigns; and

   (b)  the Trustee accepts appointment as trustee of this Deed and the
        conveyance and assignment of the said property upon the trusts
        hereinbefore set out.

IN WITNESS whereof the parties have hereunto set their hands and seals.

Signed, sealed and delivered by the said (name of debtor)
this day of<                                                            , 19 ,
in the presence of- (Signature of witness) Signed, sealed and delivered by the
said (name of Trustee) this day of , 19 , in the presence of- (Signature of
witness)
---------
FORM 36B
Rule 84A
Bankruptcy Act 1966
CERTIFICATE BY TRUSTEE OF DEED OF ASSIGNMENT
I    (full name and address of trustee)   , trustee of a Deed of Assignment

dated the           day of           19  of the property of    (full name and

address of debtor)    , a debtor, hereby certify that I am satisfied that the
divisible property of the debtor has, so far as is practicable, been realized
and a final dividend has been paid to the creditors.

  Dated this           day of           19 .


Trustee
---------
FORM 36C
Rule 84A
Bankruptcy Act 1966
CERTIFICATE BY TRUSTEE OF DEED OF ARRANGEMENT
I,    (full name and address of trustee)   , trustee of a Deed of Arrangement

dated the           day of           19  entered into by    (full name and

address of debtor)    , a debtor, hereby certify that I am satisfied that the
provisions of the deed of arrangement have been carried out.

  Dated this           day of           19 .


Trustee
---------
FORM 36D
Rule 84A
Bankruptcy Act 1966
CERTIFICATE BY TRUSTEE OF COMPOSITION
I,    (full name and address of trustee)   , trustee of a composition accepted

by the creditors of    (full name and address of debtor)   , a debtor, hereby
certify that I am satisfied that the terms of the composition have been
carried out.

  Dated this           day of           19 .


Trustee
   (l)  by omitting from Form 49 all the words from and including "Dated" to
the end of the form and substituting the following:
  "Dated this           day of           19 .


By the Court

*Registrar
or

*Registrar in Bankruptcy

* Strike out whichever
is inapplicable

NOTE: Section 264B of the Bankruptcy Act 1966 authorizes the issue of a
warrant for the apprehension of a person who, having been served with a
summons, fails to attend as required by the summons or fails to appear and
report himself from day to day as required by the Court, the Registrar or
Magistrate, as the case may be.".