Commonwealth Numbered Regulations

1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 16

  16.1   Omit the rule, substitute:
Application for Official Receiver's report

"59. (1) An application under subsection 154A (1) of the Act for a report by
the Official Receiver must contain the following particulars:

   (a)  the name, business and residential address and the age of the
        applicant; and

   (b)  if the applicant is a member of a partnership-the name and address of
        the partnership; and

   (c)  if the applicant is an employee-the name and address of the
        applicant's employer; and

   (d)  particulars of the applicant's educational qualifications; and

   (e)  particulars of the applicant's experience, if any, in assisting a
        registered trustee or a registered liquidator within the meaning of
        the Companies Act 1981 or the Corporations Act 1989 in carrying out
        the functions of the trustee or liquidator; and

   (f)  particulars of the applicant's current and previous business
        activities, if any; and

   (g)  whether, under the Act or under a similar law of another country, the
        applicant is a person:

        (i)    who is a bankrupt; or

        (ii)   who is a discharged bankrupt who has been discharged for less
               than 3 years; or

        (iii)  who has within 5 years immediately before the date of applying
               for the report executed a deed of assignment or deed of
               arrangement; or

        (iv)   whose creditors have within that period accepted a composition
               in satisfaction of his or her debts or a scheme of arrangement
               of his or her affairs; and

   (h)  whether the applicant has, within 10 years immediately before the date
        of applying for the report, been convicted of an offence other than a
        traffic offence and, if so, the particulars of, and the penalties
        imposed in relation to, that offence; and

   (i)  whether the applicant has, within 5 years immediately before the date
        of applying for the report, committed a breach of trust or fiduciary
        duty, whether or not amounting to an offence under a law of Australia
        or of another country, that he or she was required to make good; and

   (j)  whether the applicant is a member or a former member of a professional
        association and, if so:

        (i)    whether he or she has, within 5 years immediately before the
               date of applying for the report, been subject to a disciplinary
               action by that association; and

        (ii)   if so, the particulars of that action.

"(2) An application must be accompanied by at least 2 written references
containing the following particulars:

   (a)  the name, address and telephone number of the referee; and

   (b)  the occupation of the referee; and

   (c)  the period during which, and the circumstances under which, the
        referee has known the applicant; and

   (d)  the referee's opinion about the following matters:

        (i)    the applicant's abilities in oral and written communication;
               and

        (ii)   whether the applicant has experience in assisting a registered
               trustee or a registered liquidator within the meaning of the
               Companies Act 1981 or the Corporations Act 1989 in carrying out
               the functions of the trustee and liquidator; and

   (e)  if the applicant has experience of that kind:

        (i)    the nature of the activities that the applicant was required to
               carry out; and

        (ii)   the length of the period of time during which the applicant
               carried out those activities; and

        (iii)  whether the applicant carried out those activities in a
               competent manner; and

   (f)  the referee's opinion about the following matters:

        (i)    the applicant's knowledge of the powers, duties and functions
               of a registered trustee or registered liquidator; and

        (ii)   if the applicant has insufficient or no knowledge of the
               powers, duties and functions of a registered trustee or
               registered liquidator, whether the applicant has the capacity
               to acquire that knowledge within a short period of time; and

        (iii)  the applicant's knowledge of business management and his or her
               capacity in relation to the successful conduct of business
               activities.".