Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth)

Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 I, The Honourable William Alstergren, Chief Judge of the Federal Circuit and Family Court of Australia (Division 2), make the following Rules of Court.

Dated 26 August 2021

The Honourable William Alstergren Chief Judge of the Federal Circuit and Family Court of Australia (Division 2)

Contents Part 1—Preliminary 1.01 Name 1.02 Commencement 1.03 Authority 1.04 Application of these Rules and other Rules of the Court 1.05 Interpretation 1.06 Expressions used in the Bankruptcy Act 1.07 Forms Part 2—General 2.01 Originating application and interim application 2.02 Exercise of powers by Registrars 2.03 Leave to be heard 2.04 Appearance at hearing or examination 2.05 Adjournment of first court date for creditor's petition 2.06 Opposition to application, interim application or petition Part 3—Bankruptcy notices 3.01 Substituted service 3.02 Setting aside bankruptcy notice 3.03 Extension of time for compliance with bankruptcy notice Part 4—Creditors' petitions 4.01 Application of Part 4 4.02 Requirements for creditor's petition and supporting affidavit 4.03 Creditor's petition founded on issue of execution against debtor 4.04 Creditor's petition founded on failure to comply with bankruptcy notice etc. 4.05 Documents to be served 4.06 Additional affidavits to be filed before hearing 4.07 Notification and entry of sequestration order 4.08 Entry of order for dismissal etc. of creditor's petition 4.09 Service of order Part 5—Debtors' petitions 5.01 Referral of debtor's petition Part 6—Examinations Division 6.1—Examination of debtor or examinable person under section 50 of the Bankruptcy Act 6.01 Application for summons 6.02 Hearing of application 6.03 Requirements for summons 6.04 Service of summons 6.05 Application for discharge of summons Division 6.2—Examination of relevant person under section 81 of the Bankruptcy Act 6.06 Application for summons 6.07 Hearing of application 6.08 Requirements for summons 6.09 Service of summons 6.10 Failure to attend examination 6.11 Application for discharge of summons Division 6.3—Examination of examinable person under section 81 of the Bankruptcy Act 6.12 Application for summons 6.13 Hearing of application 6.14 Requirements for summons 6.15 Service of summons 6.16 Application for discharge of summons 6.17 Conduct money and witnesses expenses Part 7—Annulment or review of bankruptcy Division 7.1—Annulment of bankruptcy 7.01 Application of Division 7.1 7.02 Requirements for application 7.03 Notice to creditors 7.04 Entry and service of annulment order Division 7.2—Review of sequestration order 7.05 Review of Registrar's decision Division 7.3—Report by trustee 7.06 Report by trustee Part 8—Trustees 8.01 Applications in relation to the appointment of a trustee 8.02 Resignation or release of trustee Part 9—Debt agreements 9.01 Application of Part 9 9.02 Requirements for application 9.03 Service 9.04 Notice to creditors 9.05 Entry and service of order Part 10—Personal insolvency agreements 10.01 Application of Part 10 10.02 Requirements for application 10.03 Service 10.04 Notice to creditors 10.05 Entry of order Part 11—Administration of estates of deceased persons 11.01 Creditor's petition 11.02 Documents to be served 11.03 Additional affidavits to be filed before hearing of creditor's petition 11.04 Administrator's petition 11.05 Documents to be served 11.06 Entry of order Part 12—Warrants 12.01 Arrest of debtor or bankrupt 12.02 Apprehension of person failing to attend Court 12.03 Warrant for seizure of property connected with the bankrupt Part 13—Costs Division 13.1—Orders for costs 13.01 Basis for costs Division 13.2—Short form bills of costs 13.02 Application of Division 13.2 13.03 Short form bill of costs 13.04 Claim for costs 13.05 Attendance at taxation hearing Part 14—Transitional provisions Division 14.1—Transitional provisions relating to the Federal Circuit Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017 14.01 Transitional—release of trustee Schedule 1—Powers of the Court that may be exercised by a Registrar Part 1—Bankruptcy Act Part 2—Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021