Commonwealth Numbered Regulations

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1981 No. 305 BANKRUPTCY RULES (AMENDMENT) - REG 10

Application for extension of time for filing statement of affairs
10. Rule 31 of the Bankruptcy Rules is amended-

   (a)  by omitting sub-rule (1) and substituting the following sub-rules:



"(1) An application to the Court for an extension of the time prescribed by
sub-section 54 (1) or 56 (13) of the Act for a person to file a statement of
affairs shall be served on the trustee.



"(1A) An application to the Court for an extension of the time prescribed by
sub-section 246 (1) of the Act for a person to file a statement of affairs
shall be served on the Official Receiver.";

   (b)  by omitting sub-rule (3) and substituting the following sub-rule:



"(3) A person may, before filing a request to the Registrar under sub-rule
(2), submit the request to-

   (a)  in the case of a request for an extension of the time prescribed by
        sub-section 54 (1) or 56 (13) of the Act-the trustee; and

   (b)  in the case of a request for an extension of the time prescribed by
        sub-section 246 (1)-the Official Receiver,
and afford the trustee or the Official Receiver, as the case requires, an
opportunity to write on the request or attach to the request a note of any
matters that the trustee or Official Receiver wishes the Registrar to take
into account when determining the request."; and
(c) by inserting in sub-rule (4) "trustee or" before "Official Receiver"
(wherever occurring).



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