Commonwealth Numbered Regulations

1988 No. 19 BANKRUPTCY RULES (AMENDMENT) - RULE 31

31. After rule 114 of the Bankruptcy Rules the following rules are inserted:
Consent orders

"114A. (1) A consent in writing of the parties to a proceeding, or their
solicitors, to the making of an order in the proceeding may be filed:

   (a)  if the proceeding has been transferred under section 35 of the Act-at
        the place to which the proceeding has been transferred; or

   (b)  if the proceeding has not been so transferred-at the place where the
        proceeding was commenced.

"(2) Notwithstanding any other provision of these Rules:

   (a)  a consent so filed with a Registrar shall be brought by the Registrar
        before a Judge; and

   (b)  the Judge may, without any other application being made, direct the
        Registrar to draw up, sign and seal an order of the Court in
        accordance with the terms of the consent.

"(3) The order shall state that it is made by consent and shall be of the same
force and validity as if it had been made after a hearing by the Court.
Enforcement of judgment or order

"114B. (1) For the purpose of enforcing a judgment or order of the Court under
the Act, the Court may, subject to these Rules:

   (a)  make any order that could be made;

   (b)  issue any writ that could be issued;

   (c)  take any other step that could be taken; by the Court if so made,
        issued or taken by the Court in the exercise of any jurisdiction of
        the Court otherwise than under the Act.

"(2) For the purposes of subrule (1):

   (a)  the Court shall use the forms of process, and follow the procedures,
        available to the Court; and

   (b)  an officer of the Court may exercise the powers and perform the
        functions of such an officer; in the exercise of any jursidiction of
        the Court otherwise than under the Act.

"(3) For the purpose of giving effect to this rule, an application may be made
to the Court for directions.

"(4) This rule shall not be taken to affect the operation of any other
provision of these Rules relating to the enforcement of a judgment or order.".