Commonwealth Numbered Regulations

1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 19

  19.1   After rule 61B, insert:
Application for extension of term of registration

"61C. An application under subsection 155A (1) of the Act must contain the
following particulars:

   (a)  the name of the applicant; and

   (b)  the date on which he or she was first registered as a trustee; and

   (c)  if appropriate, the date on which his or her registration was last
        extended; and must be accompanied by a copy of the most recent
        statement required under section 161A of the Act. Objections to
        extension to term of registration

"61D. (1) If the Inspector-General or an Official Receiver objects under
subsection 155A (4) of the Act to an application for an extension of a
person's term of registration as a trustee, the Inspector-General or the
Official Receiver must, on the same day, give a copy of the notice to the
applicant.

"(2) A notice given under subsection 155A (4) of the Act must set out the
reasons why the Inspector-General or the Official Receiver objects to an
extension of the term of registration.

"(3) When an applicant receives a copy of the notice from the
Inspector-General or an Official Receiver, the applicant must either:

   (a)  notify the Registrar under subsection 155 (5E) of the Act that he or
        she wishes to stop being a registered trustee; or

   (b)  file a notice indicating that he or she intends to dispute the
        objection and give a copy of the notice to the Inspector-General or
        the Official Receiver, as the case requires.

"(4) A notice filed under paragraph (3) (b) must set out the reasons why the
objection is disputed.

"(5) When the Registrar receives a notice under subsection 155A (4) of the Act
from the Inspector-General or an Official Receiver, the Registrar must:

   (a)  refer that notice and any notice received from the applicant under
        paragraph (3) (b) to the Court for a direction under subsection 155A
        (5) of the Act; and

   (b)  fix a date, time and place at which the applicant and the
        Inspector-General or the Official Receiver may appear before the Court
        for a hearing of the reference; and

   (c)  serve notice on the applicant and the Inspector-General or the
        Official Receiver of the date, time and place fixed for the hearing of
        the reference by the Court. Conferences relating to objections

"61E. (1) If the Inspector-General or an Official Receiver objects under
subsection 155A (4) of the Act to an application for an extension of a person
s term of registration as a trustee and:

   (a)  the Registrar thinks it desirable; or

   (b)  the Inspector-General, the Official Receiver or the applicant requests
        it; the Registrar may direct the applicant and the Inspector-General
        or the Official Receiver to attend, on a date and at a time and place
        fixed by the Registrar, a conference presided over by the Registrar.

"(2) The conference:

   (a)  may be adjourned by the Registrar to another date, time or place, or
        generally; and

   (b)  must be held before the date fixed by the Registrar under subrule 61D
        (5) for the hearing.

"(3) At the conference:

   (a)  the applicant and the Inspector-General or the Official Receiver may
        be accompanied by some other person who may make oral submissions or
        otherwise take part in the proceedings on their behalf; and

   (b)  the parties may discuss any matter that they reasonably believe to be
        related to:

        (i)    the applicant's ability to perform the duties of; or

        (ii)   his or her fitness to continue being registered as; a trustee
               under the Act.

"(4) Evidence about anything said at the conference is not admissible in any
proceedings before a court or tribunal.".