FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (BANKRUPTCY) RULES 2021 (F2021L01200)
Table of Provisions
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
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
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
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
