Deposit in lieu of bond.

45. Where, a person is required to give security he may, in lieu thereof, lodge in Court a sum equal to the sum in question in respect of which security is to be given and the probable costs of the trial of the question, together with a memorandum to be approved by the Registrar and to be signed by that person, his solicitor, or agent, setting forth the conditions on which the money is deposited.

Security account.

46. Where any sum is lodged in Court in pursuance of the last preceding rule it shall be paid to a separate account in the proceeding, to be called the “Security Account”, and to abide the order of the Court, and the person paying the sum shall give notice of the payment to the party for whose benefit the security is to be given.

Disposal of money paid into Court.

47.—(1.) In any case in which money has been paid into Court as security for costs, when the proceeding has been finally disposed of, if the party by whom the payment into, Court was made is adjudged to pay the costs of the proceeding, or any balance in respect of the costs of the proceeding, or any other balance of costs in the proceeding, to any parties for whose security the payment was made, the amount standing to the credit of the Security Account in the proceeding shall, unless the Court otherwise orders, be liable to be applied in payment of the costs so ordered to be paid to those parties.

(2.) In any other case the party by whom the payment into Court was made shall be entitled to have the sum paid out to him.

Registrar to certify at conclusion of proceeding.

48. When a proceeding has been finally disposed of by consent or otherwise the Registrar shall, on the application of any party to the proceeding, and on being satisfied that that party is entitled to have any money standing to the credit of the Security Account paid out to him, give him a certificate to that effect.

Security of guarantee society.

49. The security of any incorporated company or guarantee society approved by the Court or the opposite party may be given in lieu of a bond or a deposit.

Notice of sureties.

50. In all cases where a person proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party and on the Registrar, at the Court, notice of the proposed sureties, in accordance with Form 19, and the Registrar shall forthwith give notice to both parties of the time and place at which he proposes that the bond shall be executed, and shall state in the notice that, should the proposed obligee have any valid objection to make to the sureties, or either of them, it shall be made at that time.

Justification by sureties.

51. The sureties shall make an affidavit of their sufficiency in accordance with Form 20, unless the opposite party dispenses with the affidavit, and the sureties shall attend the Court to be cross‑examined, if required.

Execution of bond.

52. The bond shall be executed and attested in the presence of the Registrar or the Official Receiver, or before a justice of the peace, or a solicitor or a commissioner.

Notice of deposit.

53. Where a person makes a deposit of money in lieu of giving a bond, the Registrar shall forthwith give notice to the person to whom the security is to be given of the deposit having been made.

Division 6.—Affidavits.

Costs of unnecessary matter.

54. The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or argumentative matter, or copies of or extracts from documents, shall be paid by the party filing the affidavit.

Form.

55.—(1.) Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject, and shall be signed on each page by the deponent and the person before whom it is sworn.

(2.) No costs shall, except by leave of the Court, be allowed for any affidavit or part of an affidavit substantially departing from this rule.

Deponent’s description.

56. Every affidavit shall state the description and true place of abode of the deponent, and also what facts or circumstances deposed to are within his knowledge.

Several deponents.

57. In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both (or all) of the “above‑named” deponents.

Scandalous matter.

58. The Court may order to be struck out from any affidavit any matter which in the opinion of the Court is scandalous or objectionable, and may order the costs of any application to strike out that matter to be paid as between solicitor and client.

Erasures, &c.

59. No affidavit having in the jurat or body thereof any interlineation, alteration or erasure shall, without leave of the Court, be read or made use of in any matter depending in Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer or person taking the affidavit, nor, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re‑written and signed or initialled in the margin of the affidavit by the officer or person taking it.

Blind or illiterate persons.

60.—(1.) Where an affidavit is sworn by any person who appears to the person taking the affidavit to be illiterate or blind, the person taking the affidavit shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent appeared perfectly to understand it, and that the deponent made his signature in the presence of that person.

(2.) No such affidavit shall be used in evidence in the absence of that certificate, unless the Court is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent.

Formal defects.

61. The Court may receive any affidavit sworn for the purpose of being used in any matter notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

Filling office copies, &c.

62.—(1.) In cases in which an original affidavit is allowed to be used, it shall before it is used be stamped with a proper filing stamp, and shall at the time when it is used be delivered to and left in Court or in Chambers with the proper officer, who shall file it.

(2.) An office copy of an affidavit may in all cases be used, the original affidavit having been previously filed and the copy duly authenticated with the seal of the Court.

Swearing of affidavit.

63.—(1.) No affidavit (other than a proof of debt) shall be used if sworn before a solicitor acting for the party on whose behalf the affidavit is to be used, or before any agent clerk or partner of such solicitor, or before the party himself.

(2.) An affidavit may be sworn to either in print, typewriting, or manuscript, or partly in one form and partly in another.

Time for filing.

64.—(1.) Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Court.

(2.) Except by leave of the Court, no order made ex parte in Court founded on any affidavit shall be of any force unless the affidavit on which the application was made was actually made before the order was applied, for, and produced or filed at or before the time of making the motion.

Proof of affidavit.

65. The Court shall take judicial notice of the seal or signature of any person authorized by or under the Act to take affidavits or to certify to the authority.

Division 7.—Fees.

Fees.

66.—(1.) The fees and percentages specified in the Third Schedule to these Rules shall be charged and payable in respect of the matters specified in that Schedule.

Marking of documents.

(2.) The officer of the Court who receives any document upon which any prescribed fee is payable shall, immediately upon the receipt of the document, mark in the margin of the document the amount of the fee and the date of the filing of the document, and no such document shall be filed until the fee thereon has been so marked, and the party presenting or receiving the document shall see that the marking has been duly made.

Postponement, &c., of fees in cases of hardship.

67.—(1.) The Court may, upon good cause shown, postpone any of the fees payable in any particular case under Table A of the Third Schedule to these Rules and allow the payment of any such fees to be made by instalments within a specified period or out of the estate of the bankrupt.

(2.) Where the Court allows under the last preceding sub‑rule a debtor or bankrupt to pay any fee by instalments, the debtor or bankrupt shall pay such instalments to the Official Receiver who shall forthwith transmit them to the Registrar to be recorded in a book specially kept by the Registrar for the purpose.

Method of application.

68.—(1.) A person applying for postponement of the payment of fees under the last preceding rule or for postponement of the payment of the deposit for the expenses of the Official Receiver under rule 154 shall—

(a) fill in and sign the form of questionnaire provided for that purpose by the Registrar;

(b) supply upon affidavit any evidence required by the Court as to his or her—

(i) debts or liabilities; and

(ii) means of livelihood, real or personal property, whether in possession, expectancy, reversion or remainder, or in respect of any debts due to the applicant;

(d) give in writing any undertaking, order or charge for payment of fees and deposit by instalments or at some future date or otherwise as the Court directs.

(2.) Instalments shall be allocated in the first instance to the deposit for the expenses of the Official Receiver and thereafter to the Court fees.

(3.) On failure to pay any such instalment or to comply with any requirement of the Court’s order, the Official Receiver shall forthwith report the matter in writing to the Registrar, who may summon the debtor for examination before the Court as to his means of payment and the reasons for his default.

Division 8.—Witnesses and Depositions.

Subpoena or summons.

69. A subpoena or summons for the attendance of a witness shall be issued by the Court at the instance of an Official Receiver, a trustee, a creditor, a debtor, or any applicant or respondent in any matter, with or without a clause requiring the production of books, deeds, papers, documents, and writings in his possession or control, and in any subpoena or summons the name of three witnesses may be inserted.

Service of subpoena.

70. A sealed copy of the subpoena or summons shall be served personally on the witness within a reasonable time before the return thereof and the person at whose instance the subpoena or summons is issued shall be responsible for the service of such copy.

Proof of service.

71. Service of the subpoena or summons may be proved by affidavit.

Limit of Witness Costs.

72. The Court may in any matter limit the number of witnesses to be allowed on taxation of costs, and their allowance for attendance shall in no case exceed the highest rate of the allowances mentioned in the scale of costs.

Costs of witnesses.

73. The costs of witnesses, whether they have been examined or not, may, in the discretion of the Court, be allowed.

Payment of shorthand writer, &c.

74. Where the Court appoints a shorthand writer other than an officer of the Commonwealth to take down the evidence of the debtor or witnesses or of any other person or of any of them, the person so appointed may be paid a sum not exceeding one guinea a day and a further sum not exceeding sixpence per folio of seventy‑two words or figures for any transcript of the evidence or such other sum per day or per folio as the Registrar deems reasonable.

Depositions, &c.

75. The Court may, in any matter where it appears necessary for the purposes of justice, make an order for the examination upon oath before the Court or any officer of the Court, or any other person, and at any place, of any witness or person, and may empower any party to any such matter to give the deposition, subject to all just exception, in evidence therein on such terms (if any) as the Court directs.

Form of commission.

76. An order for a commission or letter of request to examine witnesses, and the writ of commission or request, shall follow the forms for the time being in use in the High Court or in the Supreme Court of the State in which the proceedings are being held with such variations as circumstances require.

Production of documents.

77. The Court may, in any matter, at any stage of the proceedings, order the attendance of any person for the purpose of producing any writings or other documents named in the order, which the Court thinks necessary to be produced.

Disobediences to order.

78. Any person wilfully disobeying any subpoena, summons or order requiring his attendance for the purpose of being examined or producing any document shall be deemed guilty of an offence, and may be dealt with accordingly.

Conduct money.

79. Any witness (other than the debtor) required to attend for the purpose of being examined, or of producing any document, shall be entitled to conduct money and payment for expenses and loss of time in accordance with the scale referred to in the Second Schedule to these Rules. The Court may upon the application of the witness fix the amount to be paid by the party upon whose application the examination has been held.

Division 9.—Discovery and Examination under section 80.

Discovery.

80.—(1.) Any party to any proceeding in Court may, with the leave of the Court, administer interrogatories to, or obtain discovery of documents from, any other party to the proceeding.

(2.) Proceedings under this rule shall be regulated as nearly as may be by the Rules of the High Court or of the Supreme Court of the State in which the proceedings are being held, for the time being in force in relation to discovery and inspection.

(3.) An application for leave under this rule may be made ex parte.

(4.) A copy of the interrogatories delivered by any party shall be filed in Court on the day on which they are delivered to the opposite party.

Applications for discovery.

81.—(1.) Every application to the Court under section 80 of the Act shall be in writing, and shall state shortly the grounds upon which the application is made.

(2.) Where the application is made on behalf of the trustee or Official Receiver, it, need not be verified by affidavit.

Division 10.—Taking Accounts of Property mortgaged, and of the Sale thereof.

Inquiry into mortgage &c.

82.—(1.) Upon application by motion by any person claiming to be a mortgagee of any part of the bankrupt’s real or leasehold estate, and whether the mortgage is by deed or otherwise, and whether the mortgage is of a legal or equitable nature, the Court shall proceed to inquire whether the person is the mortgagee, and for what consideration and under what circumstances.

(2.) If it is found that the person so applying is the mortgagee, and if no sufficient objection appears to the title of the person to the sum claimed by him under the mortgage, the Court shall direct such accounts and inquiries to be taken as are necessary for ascertaining the principal, interest, and costs due upon the mortgage and of the rents and profits, or dividends, interest, or other proceeds received by the person, or by any other person by his order or for his use in case he has been in possession of the property over which the mortgage extends, or any part thereof, or which he might have received but for his own wilful default.

(3.) The Court, if satisfied that there ought to be a sale, shall direct notice to be given in such newspapers as the Court thinks fit, when and where, and by whom and in what way the property, or the interest therein so mortgaged, is to be sold, and that the sale be made accordingly, and that the trustee (unless it be otherwise ordered), shall have the conduct of the sale.

(4.) At any such sale the mortgagee may bid and purchase.

Conveyance.

83.—(1.) All proper parties shall join in the conveyance to the purchaser, as the Court directs.

(2.) If any person, when, directed by the Court in pursuance of the last preceding sub‑rule, refuses or fails to join in the conveyance to the purchaser; the Court may direct the trustee or an officer to execute such instruments necessary to effect the conveyance as the person refuses or fails to execute.

Proceeds of sale.

84.—(1.) The moneys to arise from the sale shall be applied in the first place in payment of the costs, charges, and expenses of the trustee, of and occasioned by the application to the Court, and of the sale and attendance thereat, and in the next place in payment and satisfaction, so far as the moneys extend, of what shall be found due to the mortgagee, for principal, interest, and costs, and the surplus of the moneys (if any) shall then be paid to the trustee.

(2.) In case the moneys to arise from the sale are insufficient to pay and satisfy what are found due to the mortgagee, the mortgagee may prove as a creditor for the deficiency, and receive dividends thereon rateably with the other creditors, but so as not to disturb any dividend then already declared.

Proceedings inquiry.

85. For the better taking of the accounts and inquiries in pursuance of rule 82 of these Rules, and making a title to the purchaser, all parties may be examined by the Court upon interrogatories or otherwise as the Court thinks fit, and shall produce before the Court upon oath all deeds, certificates, papers, books, and writings in their respective custody or power relating to the estate or effects of the bankrupt, as the Court directs.

Accounts &c.

86. In any proceeding between a mortgagor and mortgagee, or the trustee of either of them, the Court may direct any necessary inquiries or accounts to be made or taken notwithstanding that it may appear that there is some special or further relief sought for or some special issue to be tried, as to which it may be proper that the matter should proceed in the ordinary way.

Special directions as to mode of taking account.

87. The Court may either by the order directing the account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in particular may direct that, in taking the account, the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.

Accounts to be verified.

88.—(1.) Where any account is directed to be taken, the accounting party, unless the Court otherwise directs, shall make out his account and verify it by affidavit.

(2.) The items on each side of the account shall be numbered consecutively, and the account shall be referred to in the affidavit as an exhibit and filed in the Court.

Mode of vouching accounts.

89. Upon the taking of any account the Court may direct that the vouchers shall be produced at the office of the solicitor of the accounting party, or at any other convenient place, and that only such items as are contested or surcharged shall be brought before the Court.

Surcharge.

90. Any party seeking to charge any accounting party beyond what he has by his account admitted to have received shall give notice thereof to the accounting party, stating so far as he is able, in a short and succinct manner, the amount sought to be charged and the particulars thereof.

Accounts and inquiries to be numbered.

91. Whereby any order, whether made in Court or in Chambers, any accounts are directed to be taken or inquiries to be made each such direction shall be numbered so that, as far as may be, each distinct account and inquiry may be designated by a number.

Just allowances.

92. In taking any account directed by any order, all just allowances shall be made without any direction for that purpose.

Division 11.—Appropriation of Pay, Salary, Pensions and other Income.

Notice to bankrupt of application.

93.—(1.) When a trustee intends to apply to the Court for an appropriation under section 101 of the Act, he shall give to the bankrupt notice of his intention so to do.

(2.) The notice shall specify the time and place fixed for hearing the application, and shall state that the bankrupt is at liberty to show cause against the order being made.

(3.) The notice and order shall be in Forms 100 and 102 respectively.

Copy of order to be served.

94.—(1.) Where an order is made under section 101 or 102 of the Act, the Registrar shall give to the trustee or Official Receiver, as the case may be, a sealed copy of the order, and the trustee or Official Receiver shall communicate the contents of the order to the person or proper officer by whom the pay, pension, salary, emoluments, profit, wages, earnings or income is payable.

Review of order.

(2.) Where an order has been made for the payment by a bankrupt, or by his employer for the time being, of a portion of his income or salary, the bankrupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the Court to rescind the order, or to reduce the amount ordered to be paid by him to the trustee.

Division 12.—Warrants, Arrests and Commitments.

Attachment of property on sequestration.

95.—(1.) The Official Receiver or trustee or any person authorized by warrant under the hand of the Official Receiver may seize and lay an attachment in accordance with Form 150 on the bankrupt estate, and make an inventory thereof.

(2.) The person making such attachment shall leave with the person in whose possession any such property is attached a notice of the attachment and a copy of the said inventory in accordance with Form 151 having subjoined thereto a notice that the property of the bankrupt has been attached, and that any person who, knowing the same to have been so attached, disposes of, receives, removes, retains, conceals, or embezzles the same or any part thereof with intent to defeat the said attachment shall be liable to be imprisoned for a term of not more than three years.

To whom warrants addressed.

96. A warrant of seizure, or a search warrant, or any other warrant issued under the provisions of the Act, may be addressed to any constable, peace officer, or to such officer of any Court as the Court in each case directs.

Custody and production of debtor.

97. Where a debtor is arrested under a warrant issued under section 77 of the Act, he shall be given into the custody of the governor or keeper of the prison, mentioned in the warrant, who shall produce the debtor before the Court as it from time to time directs, and shall safely keep him until such time as the Court otherwise orders; and any books, papers, moneys, goods and chattels in the possession of the debtor, which are seized, shall forthwith be lodged with the Official Receiver or trustee, as the case may be.

Recognizance of bail.

98. Recognizance of bail shall be in accordance with Form 155.

Execution of warrant.

99.—(1.) When a person is apprehended under a warrant issued under sub‑section (2.) of section 80 of the Act, the officer apprehending him shall forthwith bring him before the Court or magistrate issuing the warrant to the end that he may be examined, and if he cannot immediately be brought up for examination or examined, the officer shall deliver him into the custody of the governor or keeper of the prison mentioned in the warrant, and the governor or keeper shall

receive him into custody and shall produce him before the Court or the magistrate as it or he from time to time directs or orders, and subject to any such direction or order shall safely keep him.

(2.) The officer executing a warrant issued under sub‑section (2.) of section 80 of the Act shall forthwith, after apprehending the person named in the warrant and bringing him before the Court or the magistrate as mentioned in the last preceding sub‑rule, or after delivering him to the governor or keeper of the prison mentioned in that sub‑rule, as the case may be, report the apprehension or delivery to the Court or magistrate issuing the warrant, and apply to the Court or magistrate to appoint a day and time for the examination of the person so apprehended, and the Court or magistrate shall thereupon appoint the earliest practicable day for the examination, and shall issue its or his direction or order to the governor or keeper to produce him for examination at a place and time to be mentioned in the direction or order.

(3.) Notice of any appointment mentioned in the last preceding sub‑rule shall forthwith be given by the Registrar to the Official Receiver, trustee or other person who has applied for the examination or warrant.

Applications to commit.

100. An application to the Court to commit any person for contempt of Court shall be supported by affidavit, and be filed in the Court which the proceedings are taken.

Notice and hearing of application.

101. Subject to the provisions of the Act and these Rules, upon the filing of an application to commit, the Registrar shall fix a time and place for the Court to hear the application, notice whereof shall be personally served on the person sought to be committed, not less than three days before the day fixed for the hearing of the application:

Provided that, in any case in which the Court thinks fit, the Court may allow substituted service of the notice by advertisement or otherwise, or shorten or extend the length of notice to be given.

Suspension of issue of committal order.

102. Where an order of committal is made against a debtor, or against a trustee, for disobeying any order of the Court, or of the Official Receiver, to do some particular act or thing, the Court may direct that the order of committal shall not be issued, provided that the debtor or trustee, as the case may be, complies with the previous order within a specified time.

Committal of contumacious debtor or witness.

103.—(1.) If a debtor or witness examined before a Registrar refuses to answer to the satisfaction of the Registrar any question which he may allow to be put, the Registrar shall report the refusal in a summary way to the Judge, and, upon the report being made, the debtor or witness in default shall be in the same position and be dealt with in the same manner as if he had made default in answering before a Judge.

(2.) The report of the Registrar shall be in writing, but without affidavit, and shall set forth the question put, and the answer (if any) given by the debtor or witness, and may refer to the evidence given.

(3.) The Registrar shall, before the conclusion of the examination at which the default in answering is made, name the time when and the place where the default will be reported to the Judge; and, upon receiving the report, the Judge may take such action thereon as he thinks fit.

(4.) If the Judge is sitting at the time when the default in answering is made, the default may be reported immediately.

(5.) The report of the Registrar may be in accordance with Form 62.

Division 13.—Service and Execution of Process.

Address of solicitor for service.

104.—Every solicitor suing out or serving any petition, notice, summons, order, or other document, shall indorse thereon his name or firm and place of business, which shall be called his address for service, but if his place of business is not within two miles of the Registry in which the cause or matter is commenced, he shall add to his own name or firm and place of business another proper place, which shall not be more than two miles from the Registry, which shall be his address for service.

Service on solicitor.

105. All notices, orders, documents, and other written communications which do not require personal service shall be deemed to be sufficiently served on the solicitor, if left for him at his address for service.

Hours for service.

106.—(1.) Service of notices, orders, or other proceedings shall be effected not later than the hour of four o’clock in the afternoon, except on Saturdays, when it shall be effected not later than the hour of one o’clock in the afternoon.

(2.) Service effected after four o’clock in the afternoon on any week day, except Saturday, shall for the purpose of computing any period of time subsequent to that service be deemed to have been effected on the following day.

(3.) Service effected after one o’clock in the afternoon on Saturday shall for the like purpose be deemed to have been effected on the following Monday.

Duties of officers of Court.

107.—(1.) It shall be the duty of such officer as the Court directs to serve such orders, summonses, petitions, and notices as the Court requires him to serve; to execute warrants and other process; to attend any sittings of the Court; and to do and perform all such things as are required of him by the Court.

(2.) This rule shall not be construed to require any order, summons, petition, or notice to be served by an officer of the Court which is not specially by the Act or these Rules required to be so served, unless, the Court in any particular proceeding by order specially so directs.

Service by post.

108. Where notice of an order or other proceeding in Court may be served by post it shall be sent by registered letter.

Evidence of identification.

109. Every affidavit of personal service shall contain evidence to the satisfaction of the Court as to identification of the person served.

Enforcement of orders.

110. Every order of the Court may be enforced as if it were a judgment of the Court to the same effect.

Division 14.—Trial by Jury.

Settlement of issues for trial.

111. Where upon any application to the Court for a decision on any question, the Court, with or without the application of any person, has directed that a question of fact be tried with a jury, the question of fact shall be reduced into writing and submitted to the Court for its

approval, and shall, when approved, be called the record for trial; but the Court shall have power to allow any amendment thereof at any time upon such terms as the Court thinks fit.

Special or common jury.

112. An order of the Court for the trial of a question of fact before a jury shall specify the place of trial, and whether it shall be before a special or a common jury, but the order may be amended by the substitution of one jury for the other, upon such terms as the Court thinks fit.

Mode of trial by jury.

113.—(1.) If the trial takes place before the Court it shall be had in the same manner as if it were the trial by a jury of an issue of fact in an action in the High Court.

(2.) If the trial takes place in any other Court it shall be had in the manner in which jury trials in ordinary cases are by law held in that Court.

Finding of jury to be certified to Court.

114. If a trial be had elsewhere than in the Court, the finding of the jury shall be certified by the Associate or other proper officer to the Court which shall make such order in the matter as it thinks fit.

Power to grant new trial.

115. In every case the Court before which the trial is had may grant a new trial if it thinks fit, and for such purpose the ordinary rules of practice and procedure in that Court shall apply.

Division 15.—Costs.

Awarding costs.

116.—(1.) The Court in awarding costs may direct that the costs of any matter or application shall be taxed and paid as between party and party or as between solicitor and client, or that full costs, charges, and expenses shall be allowed, or the Court may fix a sum to be paid in lieu of taxed costs.

(2.) In the absence of any express direction, costs of an opposed motion shall follow the event, and shall be taxed as between party and party.

(3.) Where an action is brought against an Official Receiver or trustee as representing the estate of the debtor, or where an Official Receiver or trustee is made a party to a cause or matter, on the application of any other party thereto, he shall not be personally liable for costs unless the Court in which the action is brought otherwise directs.

(4.) Where forms in the Schedules to these Rules are applicable, any costs occasioned by the use of any other or more prolix forms shall, unless the Court otherwise directs, be borne by or disallowed to the party using the other or more prolix forms.

Orders to be sealed and filed.

117. Every order for payment of money or costs, or either of them shall be sealed, and signed by the Registrar, and shall be forthwith filed with the proceedings.

Appointment of Taxing Officer.

118. The Taxing Officer shall be the Registrar or such officer as he with the approval of the Court or the Inspector‑General, appoints.

Taxation of costs.

119. The costs directed by any order to be paid shall be taxed on production of the order or an office copy of the order, and the allocatur shall be signed and dated by the Taxing Officer, who shall be the prescribed officer for the purposes of section 136 of the Act.

Bills to be taxed and scales of costs and charges.

120. The bills to be taxed shall be bills of costs, charges, fees and disbursements of the persons specified in section 136 of the Act and any costs in any proceedings which the Act, those Rules, or the Court direct

to be taxed, and the scales of costs set forth in the Second Schedule to these Rules, and the general directions contained in the scales, shall, subject to these Rules, apply to the taxation and allowance of costs and charges, in all such matters.

Costs of debtor’s solicitor.

121.—(1.) Where in any “administration” as defined in section 88a of the Act a solicitor has been employed to assist the debtor in obtaining the protection of the Act and preparing his statement of affairs, the Official Receiver or trustee, as the case may be, may certify that the services of the solicitor were necessary in the interest of the estate and thereupon the bill of costs of the solicitor may be taxed and paid out of the estate in the order prescribed in paragraph (f) of Rule 135.

(2.) Costs and charges in respect to the statements of affairs may be allowed in accordance with the scale in the Second Schedule to these Rules.

Re‑taxation of costs when assets realize more than certified amounts.

122.—(1.) The solicitor employed to assist the debtor in seeking the protection of the Act by any “administration” as defined in section 88a of the Act shall, in his bill of costs, give credit for such sum or security (if any) as he has received from the debtor or any other person on account of the costs and expenses to be incurred in obtaining such protection; and the amount of any such sum or security shall be noted by the Taxing Officer upon the allocatur issued for the costs, and if the amount received from the debtor or other person exceeds the amount of the taxed costs, the solicitor shall pay the balance to the Official Receiver or trustee.

(2.) The bill of costs and credit shall be verified by affidavit.

Certificate of employment.

123. Before taxing the bill or charges of any solicitor, manager, accountant, auctioneer or other person employed by an Official Receiver or trustee, the Taxing Officer shall require a certificate of such employment in writing, signed by the Official Receiver or trustee, as the case may be, to be produced to him, setting forth whether any, and if so what, special terms of remuneration have been agreed to.

Certificate of proper performance of work.

124. Where any solicitor has been employed by the debtor or a trustee in the preparation of any statement of affairs or deed of assignment or arrangement, he shall produce to the Taxing Officer a certificate from the Official Receiver or trustee showing that such statement or deed has been prepared in a proper manner.

Costs paid otherwise than out of estate.

125. When a bill of costs is taxed under any special order of the Court, and it appears by the order that the costs are to be paid otherwise than out of the estate of the bankrupt, the Taxing Officer shall specially note upon the allocatur by whom, or the manner in which, the costs are to be paid.

Bills of costs to be filed.

126. Upon the taxation of any bill of costs, charges, or expenses, being completed, the Taxing Officer shall forthwith file the bill with the proceedings in the matter, and shall issue to the person presenting the bill for taxation his allocatur or certificate of taxation, which shall be in accordance with Form 148 or 149, as the case may be.

Sheriff’s costs.

127. In any case in which, pursuant to sub‑section (1.) of section 93 of the Act, a sheriff is required to deliver goods (including money) to an Official Receiver or trustee, the sheriff shall, without delay, bring

in his bill of costs for taxation, which shall be taxed by the Taxing Officer of the Court having jurisdiction in the bankruptcy; and unless the bill of costs is brought in for taxation within fourteen days from the date when the sheriff makes the delivery, the Official Receiver or trustee may decline to pay it.

Taxation of sheriff’s costs after deduction.

128.—(1.) If the Official Receiver or trustee, in writing, requires any costs which a sheriff has deducted under sub‑section (2.) of section 93 of the Act to be taxed, the sheriff shall, within seven days from the date of the request, bring in those costs for taxation, and those costs shall be taxed by the Taxing Officer of the Court having jurisdiction in the bankruptcy.

(2.) Any amount disallowed on the taxation shall forthwith be paid over by the sheriff to the Official Receiver or trustee, as the case requires.

Appointment to tax and notice thereof.

129.—(1.) Every person whose bill or charges is or are to be taxed shall lodge the bill or charges with the Taxing Officer who shall appoint a time for the taxation and thereafter the person shall give to the Official Receiver or trustee not less than five days’ notice of the appointment to tax the bill or charges, and at the same time lodge a copy of the bill or charges with the Official Receiver (if incurred prior to the appointment of a trustee) or the trustee without cost to the estate.

(2.) The Official Receiver or trustee shall call the attention of the Taxing Officer to any items which, in his opinion, ought to be disallowed or reduced.

Application for costs.

130. Where any party to, or person affected by, any proceeding desires to make an application for an order that he be allowed his costs, or any part of them, incident to the proceeding, and the application is not made at the time of the proceeding—

(a) the party or person shall serve notice of his intended application on the Official Receiver, and, if a trustee has been appointed, on the trustee and any other party interested;

(b) the Official Receiver and trustee or other party may appear on the application and object thereto;

(c) no costs of or incidental to the application shall be allowed to the applicant, unless the Court is satisfied that the application could not have been made at the time of the proceeding.

Review of taxation by Register.

131.—(1.) Where any bill of costs, charges, fees, or disbursements of any solicitor, manager, accountant, auctioneer or other person have been taxed, the Official Receiver or trustee or other person interested may require the taxation to be reviewed by the Registrar.

(2.) In any case in which the Official Receiver, trustee or other person requires a review of taxation in pursuance of the last preceding sub‑rule he shall give notice to the person whose bill has been taxed, and shall apply to the Registrar to appoint a time for the review of the taxation, and thereupon the Registrar shall appoint a time for the review of, and shall review, the taxation.

(3.) The Official Receiver, trustee or other person shall forthwith give to the person whose bill of costs is to be reviewed notice of the time appointed for the review.

(4.) The Official Receiver or trustee may appear upon the review of the taxation; and if, upon the review of taxation, the bill is allowed at a lower sum than the sum allowed upon the previous taxation, the amount disallowed shall (if the bill has been paid) be repaid to the Official Receiver, or the trustee, or other person entitled thereto.

(5.) The certificate of the Registrar shall in every case of a review by him under this rule be a sufficient authority to entitle the person to whom the amount disallowed ought to be repaid to demand the amount from the person liable to repay it.

(6.) There shall be allowed to the person whose bill is reviewed such costs of and incidental to his appearance on the review as the Registrar thinks proper, and those costs shall be paid to that person not of the estate:

Provided that the costs of the attendance of a principal shall not be allowed if in the opinion of the Register be could have been sufficiently represented at less expense by his agent.

Evidence on review by Register.

132. Upon an application for review, the Taxing Officer shall reconsider and review his taxation upon any objection, and he may, if he thinks fit, receive further evidence in respect thereof, and if so required by the solicitor or any person interested he shall state either in his certificate of taxation or allocatur or by reference to such objection the grounds and reasons of his decision thereon and any special facts or circumstances relating thereto.

Appeal to Judge.

133. Any person who may be dissatisfied with the certificate or allocatur of the Taxing Officer as to any item or part of an item which may have been objected to as aforesaid, may within fourteen days from the date of the certificate or allocatur or such other time as the Court or Judge or Taxing Officer at the time he signs his certificate or allocatur may allow, apply to the Judge for an order to review the taxation as to the same item, or part of an item, and the Judge may thereupon, without being bound by the discretion of the Taxing Officer, make such order as the Judge thinks just.

Evidence on appeal to Judge.

134. Such application shall be heard and determined by the Judge upon the evidence which shall have been brought in before the Taxing Officer, and no further evidence shall be received upon the hearing thereof unless the Judge otherwise directs.

Priority of costs and charged payable out of estate.

135. The assets in every matter remaining, after payment of the actual expenses incurred in realizing any of the assets of the debtor, shall, subject to any order of the Court, be liable to the following payments, which shall be made in the following order of priority, namely:—

(a) the actual expenses incurred by the Official Receiver in protecting the property or assets of the debtor, or any part thereof, and any expenses or outlay incurred by him or by his authority in carrying on the business of the debtor;

(b) the fees, percentages, and charges payable under Table B of the Scale of Official Fees and Percentages in the Third Schedule; and any other fees payable to, or costs, charges, and expenses incurred or authorized by the Official Receiver or ordered by the Court;

(d) the deposit or deposits lodged on any application for the appointment of an Interim Receiver;

(e) the remuneration of the special manager (if any);

(f) the remuneration and charges of the person (if any) appointed to assist the debtor in the preparation of his statement of affairs;

(g) any allowance made to the debtor by the Official Receiver;

(h) the taxed costs of the petitioning creditor;

(i) the remuneration of the trustee;

(j) the taxed charges of any shorthand writer appointed by the Court or the charges payable under Table A in the Third Schedule;

(k) the trustee’s necessary disbursements other than actual expenses of realization, and the percentage payable under Item 13 of Table A in the Third Schedule;

(l) the costs of any person properly employed by the trustee;

(m) any allowance made to the debtor by the trusted with the sanction of the creditors by resolution at any general meeting, or the Committee of Inspection or the Court; and

(n) the actual out‑of‑pocket expenses necessarily incurred by the Committee of Inspection.

Disallowance of costs of unnecessary petition.

136. In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor, and before the hearing of the petition, the debtor files a petition, and a sequestration order is made on the petition of the debtor, unless in the opinion of the Court the estate has benefited thereby, or there are special circumstances which make it just that the costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate, and the sequestration order shall be deemed to have been made on the petition of the petitioning creditor, and the costs of his petition shall be allowed the petitioning creditor.

Apportionment of costs in case of partnership.

137. In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the sequestration order shall be apportioned between the joint and separate estates in such proportions as the Official Receiver in his discretion determines.

Costs out of joint or separate estates.

138.—(1.) Where the joint estate of any co‑debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to pay the costs or charges out of the separate estates of the co‑debtors, or one or more of them, in such proportions as in his discretion the Official Receiver thinks fit.

(2.) The Official Receiver may also, as in his discretion he thinks fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate.

(3.) Where the joint estate of any co‑debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee may, subject to sub‑rule (5.) of this rule, pay the costs or charges out of the separate estates of the co‑debtors, or one or more of them.

(4.) The trustee may, subject to the next succeeding sub‑rule, pay any costs or charges properly incurred for any separate estate, after his appointment out of the joint estate, and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate.

(5.) No payment under the last preceding sub‑rule shall be made out of a separate estate or joint estate by a trustee without the consent by resolution at any general meeting of the creditors of the estate out of which the payment is intended to be made, or, if the creditors withhold, refuse, or otherwise fail to give their consent, without an order of the Court.

Division 16.—Appeals.

Time for appeal.

139.—(1.) Subject to the powers of the High Court to extend the time, no appeal to the High Court from any order of the Court shall be brought after the expiration of twenty‑one days.

(2.) That period shall be calculated from the day the order is pronounced, or, in the case of the refusal of an application, from the date of the refusal.

Notice of appeal.

140. Upon entering an appeal, a copy of the notice of appeal shall forthwith be sent by the appellant to the Registrar, who shall mark thereon the date when received and forthwith file it with the proceedings.

Division 17.—Review of Order or Act of Registrar.

Review of order or act of Registrar.

141.—(1.) Whenever any person affected by any order or act of the Registrar desires that the order or act be reviewed by the Court, be may, within fourteen days after the date of the order or act, file in the office of the Registrar an application for review, signed by such person or his solicitor, which notice shall specify the order or act in question, and state shortly the particular matter complained of and the grounds upon which it is claimed that the order or act should be reviewed.

(2.) If any question arises as to what evidence was used before the Registrar, it shall be determined by his certificate.

(3.) The Court may direct notice of the application to be served upon any party interested.

Re‑hearing.

142.—(1.) If it appears to the Judge that any material evidence can be offered by the applicant which could not have been tendered or which there was reasonable excuse for not tendering on the original hearing, then the Judge may, on such terms as he deems reasonable, direct a re‑hearing before the Registrar.

(2.) The Court may set aside, vary, confirm or do anything the Registrar could have done at the original hearing.

Part III.—Proceedings from Act of Bankruptcy to Discharge.

Division 1.—Declaration of Inability to pay Debts.

Form of declaration.

143.—(1.) A declaration of a debtor of his inability to pay his debts shall be dated, signed, and witnessed, and shall be in accordance with Form 2, with such variations as circumstances require, and shall be notified in the Commonwealth Gazette.

(2.) The witness shall be a solicitor, justice of the peace, a Commissioner, an Official Receiver or Registrar.

Division 2.—Bankruptcy Notice.

Court to issue notice.

144. A bankruptcy notice issued by the Court shall be in accordance with Form 5.

Issue of notice.

145.—(1.) A creditor, desiring a bankruptcy notice to be issued shall produce to the Registrar an office copy of the judgment or final order on which the notice is founded and file the notice, together with a request for issue, which shall be in accordance with Form 4.

(2.) The creditor shall at the same time lodge with the Registrar two copies of the bankruptcy notice to be sealed and issued for service.

Indorsement of address, &c.

146.—(1.) Every bankruptcy notice shall be indorsed with the name and place of business of the solicitor actually suing out the notice, or if no solicitor is employed, with a memorandum that it is sued out by the creditor in person.

(2.) There shall also be indorsed on every bankruptcy notice an intimation to the debtor that if he has a counter claim, set off, or cross demand which equals or exceeds the amount of the judgment debt, and which he could not have set up in the action in which the judgment or final order was obtained, he must within the time specified in the notice file an affidavit to that effect with the Registrar.

(3.) In the case of a notice served in a capital city situated in any District, the time shall be three days.

(4.) In the case of a notice served elsewhere, the Court, when issuing the notice, shall fix the time.

Application to set aside.

147.—(1.) The filing of the affidavit referred to in sub‑rule (2.) of the last preceding rule shall operate as an application to set aside the bankruptcy notice, and thereupon the Registrar shall fix a day for the hearing of the application, and not less than three days before the day so fixed shall give notice thereof both to the debtor and the creditor, and their respective solicitors, if known.

(2.) If the application cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bankruptcy will be complete, the Registrar shall extend the time, and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined.

Duration of notice.

148. Subject to the power of the Court to extend the time, a bankruptcy notice shall be served within one month after the issue thereof.

Service of notice.

149. A bankruptcy notice shall be served, and service thereof shall be proved, in the like manner as is by these Rules prescribed for the service of a creditor’s petition.

Division 3.—Bankruptcy Petition.

Form of petition.

150.—(1.) Every petition shall be fairly written or printed, or partly written and partly printed, and no alterations, interlineations, or erasures shall be made without the leave of the Registrar, except so far as is necessary to adapt a printed form to the circumstances of the particular case.

(2.) A debtor’s petition shall be in accordance with Form 3, and a creditor’s petition shall be in accordance with Form 9.

Description and address of debtor.

151.—(1.) Where a petition is presented by a debtor he shall, besides inserting therein his name and description, and his address at the date when the petition was presented, further describe himself as lately residing or carrying on business at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied.

(2.) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor, as of his then present address and description shall, in the petition, describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred.

(3.) Where a sequestration order is made against a debtor on the petition of a creditor the Court may amend any error or supply any omissions in the name or description of the debtor in any of the proceedings prior to or under the bankruptcy, and notice thereof shall be given by the Official Receiver by advertisement in the Commonwealth Gazette.

(4.) Where any such amendment is made, the proceedings as amended shall in all Courts be read and have the like force and effect as if they had originally been in the amended form.

(5.) The costs of and incidental to any such amendment shall be paid out of the estate of the debtor unless the Court otherwise directs.

Attestation.

152.—(1.) Every bankruptcy petition shall be attested.

(2.) If it be attested in Australia the witness shall be a solicitor, the Official Receiver, Registrar, or a Commissioner.

(3.) If it be attested out of Australia the witness shall be a judge or a magistrate or a British Consul or a notary public.

Deposit by petitioning creditor.

153.—(1.) Upon the presentation of a petition by a creditor he shall deposit with the Registrar the sum of Five pounds, and such further sum (if any) as the Court from time to time directs, to cover the fees and expenses to be incurred by the Official Receiver, and no petition shall be received unless such deposit shall have been duly made.

(2.) When the sequestration order is made the Registrar shall pay such deposit to the Official Receiver who shall account therefor to the debtor’s estate and any sum so paid by a petitioning creditor shall be repaid to the creditor (except and so far as the deposit may be required by reason of insufficiency of assets for the payment of the fees and expenses incurred by the Official Receiver) out of the proceeds of the estate in the priority prescribed by these Rules.

(3.) If a sequestration order is not made and the Court permits the petition to be withdrawn the Registrar shall account for the deposit to the creditor.

Deposit by petitioning debtor.

154. Prior to the presentation of a petition by a debtor he shall deposit with the Official Receiver the sum of Five pounds to cover the fees and expenses to be incurred by the Official Receiver, and no petition shall be received unless proof is produced to the Registrar that the deposit has been duly made or the amount of the deposit is lodged with that officer:

Provided that the Court may, upon good cause shown, in any particular case, order that the debtor pay the Official Receiver’s fees and expenses by specified instalments within a specified period. The procedure upon such an application shall be in accordance with sub‑rule (1.) of Rule 68.

Division 4.—Creditor’s Petition.

Security for costs.

155. A petitioning creditor who is resident abroad, or whose estate is vested in a trustee under any law relating to bankruptcy, or against whom a petition is pending under the Act, or who has made default in payment of any costs ordered by the Court to be paid by him to the debtor, may be ordered to give security for costs to the debtor.

Verification and copies of creditor’s petition.

156. Every creditor’s petition shall state the date of the act of bankruptcy and shall be verified by affidavit. When it is presented there shall be lodged with it two or more copies to be sealed and issued to the petitioner.

Proof of service of trustee’s petition under deed of arrangement.

157. Where a petition is presented by a trustee under a deed of arrangement as attorney, proof must be made of service upon the debtor of a sealed copy of the petition and the affidavit in support.

Who to verify.

158. When the petitioning creditor cannot himself verify all the statements contained in his petition, he shall, except as hereinafter provided, file in support of the petition the affidavit of some person who can depose to them.

Joint petitioners.

159. Where a petition is presented by two or more creditors jointly, it shall not be necessary that each creditor shall depose to the truth of all the statements which are within his own knowledge; but it shall be sufficient that each statement in the petition is deposed to by someone within whose knowledge it is.

Notice where act of bankruptcy it execution of deed of arrangement.

160. Where a petition is founded on the execution of a deed of arrangement, the petitioning, creditor shall at the time of presenting the petition furnish to the Registrar for transmission to the trustee of the deed a notice of the date and time of the hearing of the petition.

Sheriff’s affidavit to be annexed to petition under s. 52 (e) of Act.

161. Where the ground of the petition is an unsatisfied execution under paragraph (e) of section 52 of the Act, the affidavit of the Sheriff with copy of warrant shall be annexed to the petition.

Investigation of petition.

162. After the presentation of a creditor’s petition, and before sealing the copies of the petition for service, the statements in the petition shall be investigated by the Registrar, and where some of the statements in the petition cannot be verified by affidavit, witnesses may be summoned to verify them.

Personal service.

163. A creditor’s petition shall be personally served by delivering to the debtor a sealed copy of the filed petition together with a copy of each affidavit in support thereof.

Who may serve petition.

164. A petition may be served upon the debtor by any person over the age of eighteen years authorized in writing by the creditor or his solicitor or by some person in the employ of the creditor or of his solicitor.

Substituted service.

165. If personal service cannot be effected, the Court may extend the time for hearing the petition, or if the Court is satisfied by affidavit or other evidence on oath that the debtor is keeping out of the way to avoid that service, or service of any other legal process, or that for any other cause prompt personal service cannot be effected, it may order substituted service to be made by delivery of the petition to some adult inmate at his usual or last known residence or place of business, or by registered letter, or in such other manner as the Court directs, and the petition shall then be deemed to have been duly served on the debtor.

Proof of service.

166. Service of the petition shall be proved by affidavit, with a sealed copy of the petition attached, which shall be filed in Court forthwith after the service.

Service out of jurisdiction.

167. Where a debtor petitioned against is not in Australia, the Court may order service to be made within such time and in such manner and form as it thinks fit.

Death of debtor before service of petition.

168. If a debtor against whom a bankruptcy petition has been filed dies before service thereof the Court may order service to be effected on the personal representatives of the debtor, or on such other persons as the Court thinks fit.

Division 5.—Hearing of Petition.

Proceedings on petition.

169. A creditor’s petition shall not be heard until the expiration of eight days from the service thereof:

Provided that where the act of bankruptcy alleged is that the debtor has filed a declaration of inability to pay his debts, or where it is proved to the satisfaction of the Court that the debtor has absconded, or in any other case for good cause shown, the Court may, on such terms, if any, as the Court thinks fit to impose, hear the petition at such earlier date as the Court deems expedient.

Time of hearing

170.—(1.) The Registrar shall appoint the time and place at which the petition will be heard, and notice thereof shall be written on the petition and sealed copies, and where the petition has not been served the Registrar may from time to time alter the first day so appointed, and appoint another day and hour.

(2.) Where a petition is founded on a judgment debt an affidavit shall be filed immediately prior to the hearing showing that the amount involved has not been paid into the Court in which the judgment was given.

(3.) At the hearing the petitioning creditor’s debt may be proved by affidavit unless the Court otherwise directs.

Several respondents.

171. Where there are more respondents than one to a petition, the rules as to service shall be observed with respect to each respondent, but where all the respondents have not been served, the petition may be heard separately or collectively as to the respondent or such of the respondents as has or have been served, and separately or collectively as to the respondents not then served according as service upon them is effected.

Debtor intending to show cause.

172. Where a debtor intends to show cause against a petition, he shall file a notice with the Registrar specifying the statements in the petition which he intends to deny or dispute, and transmit by post to the petitioning creditor and his solicitor, if known, a copy of the notice three days before the day on which the petition is to be heard.

Non‑appearance of debtor.

173. If the debtor does not appear at the hearing, the Court may make a sequestration order on such proof of the statements in the petition as the Court thinks sufficient.

Appearance of debtor to show cause.

174. On the appearance of the debtor to show cause against the petition, the petitioning creditor’s debt, and the act of bankruptcy, or such of those matters as the debtor has given notice that he intends to dispute, shall be proved, and if any new evidence of those matters, or any of them, is given, or any witness to the matter is not present for cross‑examination, and further time is desired to show cause, the Court may grant such further time as the Court thinks fit.

Non‑appearance of creditor.

175. If any creditor neglects to appear on his petition, no subsequent petition against the same debtor or debtors, or any of them, either alone or jointly with any other person, shall be presented by the same creditor with respect to the same act of bankruptcy without the leave of the Court to which the previous petition was presented.

Cross‑examination of deponents.

176.—(1.) Every witness who has made an affidavit in any proceeding or matter before the Court shall be subject to oral cross‑examination in the same manner as if the evidence given in his affidavit had been given by him orally, and may be re‑examined by the party using the affidavit.

(2.) The witness shall attend before the Court to be so examined, upon due notice being given to the party on whose behalf the affidavit was filed, and upon payment to that party or his solicitor of the reasonable expenses of the deponent attending, the examination; and those expenses, if paid, shall be deemed costs in the proceeding or matter, unless the Court otherwise directs.

(3.) After the notice referred to in the last preceding sub‑rule has been duly given, and the expenses of the deponent attending the examination duly paid or tendered, the affidavit of the deponent shall not be used or admissible in evidence on behalf of the party filing it unless the deponent is present for examination in pursuance of this rule.

Proceedings after trial of disputed question.

177. Where proceedings on a petition have been stayed for the trial of the question of the validity of the petitioning creditor’s debt, and the question has been decided in favour of the validity of the debt, the petitioning creditor may apply to the Registrar to fix a day on which further proceedings on the petition may be had, and the Registrar on production of the judgment of the Court in which the question was tried, or an office copy or certificate thereof, shall give notice to the petitioner by post of the time and place fixed for the hearing of the petition, and a like notice to the debtor at the address given in his notice to dispute, and also to their respective solicitors, if known.

Application to dismiss.

178. Where proceedings on a petition have been stayed for the trial of the question of the validity of the petitioning creditor’s debt, and the question has been decided against the validity of the debt, the debtor may apply to the Registrar to fix a day on which he may apply to the Court for the dismissal of the petition with costs, and the Registrar on the production of the judgment of the Court in which the question was tried, or an office copy or certificate thereof, shall give notice to both the petitioner and debtor (and to their respective solicitors, if known) by post of the time and place fixed for the hearing of the application.

Order for extension of time.

179.—(1.) On an application for extension of time for the hearing of a petition, no order shall be made for an extension beyond fourteen days from the day fixed for the hearing of the petition unless the Court is satisfied that the extension of time will not be prejudicial to the general body of creditors.

(2.) Any costs occasioned by the application shall not be allowed out of the estate unless so ordered by the Court.

Adjournment of hearing.

180. After the expiration of one month from the day appointed for the first hearing of a petition (provided the petition has been duly served), no further adjournment of the hearing merely by consent of the parties shall be allowed, except for the reasons set forth in Rule 174 of these Rules, or for such other sufficient reason to be stated in the order for adjournment as the Court thinks fit; but in every such case, unless an order for adjournment is made, the Court shall either make a sequestration order or dismiss the petition.

Division 6.—Interim Receiver.

Appointment of Interim Receiver.

181. After the presentation of a petition and before sequestration, upon the application of a creditor, or of the debtor himself, and upon proof by affidavit of sufficient grounds for the appointment of the Official Receiver as Interim Receiver of the property of the debtor, or any part thereof, the Court may, if it thinks fit, and upon such terms as are just, make such appointment.

Form and contents of order.

182. Where an order is made appointing the Official Receiver to be Interim Receiver of the property of the debtor, the order shall bear the number of the petition in respect of which it is made, and shall state the locality of the property of which the Official Receiver is ordered to take possession.

Deposit.

183. Before any such order is issued, the person who has made the application therefor shall deposit with the Official Receiver the sum of Five pounds towards the prescribed fee for the Official Receiver, and such further sum as the Court directs for the expenses which may be incurred by him.

Further deposit if necessary.

184.—(1.) If the sum of Five pounds, or such further sums so to be deposited for the expenses which may be incurred by the Official Receiver, proves to be insufficient, the person, on whose application the order has been made, shall from time to time deposit with the Official Receiver such additional sum as the Court, on the application of the Official Receiver, from time to time directs; and that sum shall be deposited within twenty‑four hours after the making of the order therefor.

(2.) If the additional sum is not so deposited, the order appointing the Interim Receiver may be discharged by the Court.

Repayment of deposit.

185. If an order appointing an Interim Receiver is followed by a sequestration order, the deposits made by the creditor, on whose application the Interim Receiver was appointed, shall be repaid to him (except and so far as the deposits are required, by reason of insufficiency of assets, for the payment of the fees chargeable, and the expenses incurred by the Interim Receiver), out of the proceeds of the estate in the prescribed order of priority.

Damages if petition dismissed.

186. Where after an order has been made appointing an Interim Receiver, the petition is dismissed, the Court shall, upon application to be made within twenty‑one days from the date of the dismissal thereof adjudicate with respect to any damages or claim thereto arising out of the appointment, and shall make such order as the Court thinks fit; and that decision or order shall be final and conclusive between the parties, unless the order be appealed from.

Division 7.—Sequestration Order.

Form and contents.

187.—(1.) A sequestration order shall be in accordance with Form 25 or 26, as the case requires.

(2.) Where the sequestration order is made on a creditor’s petition there shall be stated in the order the nature and date, or dates, of the act, or acts, of bankruptcy upon which the order has been made.

(3.) Every such order shall contain at the foot thereof a notice requiring the debtor to attend on the Official Receiver or his representative immediately after the making thereof at the place mentioned therein.

(4.) Every such order shall, unless the Court otherwise directs, be drawn up and completed within twenty‑four hours of the making thereof.

Service of sequestration order.

188. The Official Receiver shall cause a sealed copy of the sequestration order made on a creditor’s petition to be served on the debtor.

Sequestration order on bankruptcy notice.

189. A sequestration order shall not be made against a debtor on a petition in which the act of bankruptcy alleged is non‑compliance with a bankruptcy notice within the appointed time, where the debtor has applied to set aside the notice, until after the hearing of the application, or where the notice has been set aside, or during a stay of the proceedings thereon; but in that case the petition shall be adjourned or dismissed as the Court thinks fit.

Stay of proceeding.

190. There may be included in a sequestration order an order staying any action or proceeding against the debtor or staying proceedings generally.

Notices.

191.—(1.) Where a sequestration order is made the Official Receiver shall forthwith send notice thereof to the Commonwealth Gazette and to such local paper or papers as he selects.

(2.) The Registrar shall, upon the request of the Official Receiver or any creditor, and on payment of the sum of Five shillings, telegraph to the Sheriff or other officer who may be in possession of the estate or effects of the bankrupt, notice that a sequestration order has been made.

Costs of petition, &c.

182.—(1.) All proceedings under the Act down to and including the making of a sequestration order shall be at the cost of the party prosecuting them, unless the Court orders that the debtor shall pay the whole or any part of them, or in the case of a sequestration order being made on a debtor’s petition while a creditor’s petition against the debtor is pending, that they shall be paid out of the estate, but

when a sequestration order is made on a creditor’s petition, the costs of the petitioning creditor (including the costs of the bankruptcy notice, if any, sued out by him) shall be taxed and payable out of the proceeds of the estate, in the order of priority prescribed by these Rules.

(2.) When the proceeds of the estate are not sufficient for the payment of any costs necessarily incurred by the Official Receiver (in excess of the deposit) between the ranking of a sequestration order and the conclusion of the first meeting of creditors, the Court may order the costs to be paid by the party prosecuting the proceedings.

Application to annul sequestration order and to stay proceedings thereunder.

193.—(1.) An application to the Court to annul a sequestration order or to stay proceedings thereunder, shall not be heard except upon proof that notice of the intended application, and a copy of the affidavits in support thereof, have been duly served upon the Official Receiver.

(2.) Unless the Court gives leave to the contrary, notice of any such application shall be served by the applicant on the Official Receiver and all creditors not less than seven days before the day named in the notice for hearing the application, and the applicant shall file an affidavit of such service before the hearing.

(3.) Pending the hearing of the application, the Court may make an interim order staying such of the proceedings as it thinks fit.

Report by Official Receiver.

194.—(1.) Where an application is made to the Court to annul a sequestration order on the ground that the debts of the debtor have been paid in full or that he has obtained a legal acquittance of his debts, the Official Receiver shall make and file four days before the day appointed for hearing the application a report as to the debtor’s conduct and affairs (including a report as to his conduct during the proceedings), and the Court on the hearing of the application shall hear and consider that report and such further evidence as is adduced by any party and any objections which are made by or on behalf of the trustee (if any) or any creditor whom the Court may permit to appear thereon.

(2.) For the purposes of the application the report shall be prima facie evidence of the statements therein contained.

(3.) For the purposes of this rule “creditor” includes all creditors mentioned in the debtor’s statement of affairs and all creditors who have notified the Official Receiver or trustee that they have, or at the date of the sequestration order had, claims against the debtor.

Division 8.—Public Examination of Bankrupt.

Time for holding public examination.

195. When a sequestration order has been made against a debtor, the Official Receiver shall make an application to the Court to appoint a day and hour for holding a public examination of the debtor, and the Court may appoint a day and hour for the public examination, and may order the debtor to attend the Court upon such day and at such hour.

Default by debtor in attending.

196. If the bankrupt fails to attend the public examination or any adjournment thereof at the time and place appointed for holding or proceeding with the examination or adjournment, and no good cause is shown by him for that failure, it shall be lawful for the Court, upon its being proved to the satisfaction of the Court that the

order requiring the bankrupt to attend the public examination was duly served, and without any further notice to him, to issue a warrant for his arrest as provided by section 77 (1) (d) of the Act, or to make such other order as the Court thinks just.

Notice to creditors of examination.

197. Where an order is made appointing the time and place for holding the public examination of a debtor, the Official Receiver shall serve a copy thereof on the debtor, and shall give to the creditors notice of the time and place appointed, and shall publish notice in the Commonwealth Gazette and such local paper or papers as he thinks fit.

Adjournments sine die.

198.—(1.) Where the Court is of opinion that a debtor is failing to disclose his affairs, or where the debtor has failed to attend the public examination or any adjournment thereof, or where the debtor has not complied with any order of the Court in relation to his accounts, conduct, dealings, and property, and no good cause is shown by him for the failure or for any other cause, the Court may adjourn the public examination sine die, and may make such further or other order as the Court thinks fit.

(2.) The Court may on the application either of the Official Receiver or of the debtor appoint a day for proceeding with a public examination which has been adjourned sine die, or order that the examination be deemed to be concluded.

Proceedings after adjournment sine die.

199.—(1.) Where an examination has been adjourned sine die, and the debtor desires to have a day appointed for proceeding with his public examination, the expense of gazetting, advertising, and giving notice to creditors of the day to be appointed for proceeding with the examination shall, unless the Official Receiver or trustee, as the case may be, consents to the costs being paid out of the estate, be at the cost of the debtor, who shall, before any day is appointed for proceeding with the public examination, deposit with the Official Receiver such sum as the Official Receiver thinks sufficient to defray the expense.

(2.) The balance of the deposit after defraying the expense shall be returned to the debtor.

Notice of proceeding after adjournment sine die.

200. In any case in which a public examination has been adjourned sine die, and the Court afterwards makes an order for proceeding with the public examination, notice to creditors of the time and place appointed for proceeding with the public examination shall, seven days before the day appointed, be sent by the Official Receiver, and be inserted in the Commonwealth Gazette, and in the local paper or papers in which the notice of the first holding of the public examination was inserted.

Public examination of bankrupt who is a lunatic, &c.

201.—(1.) An application for an order dispensing with the public examination of a bankrupt or directing that the debtor be examined in some manner or at some place other than is usual, on the ground that the debtor is a lunatic or suffers from mental or physical affliction or disability rendering him unfit to attend a public examination, may be made by the Official Receiver, or by any person who has been appointed by any Court having jurisdiction so to do to manage the affairs of or represent the debtor, or by any relative or friend of the debtor who appears to the Court to be a proper person to make the application.

(2.) Where the application is made by the Official Receiver, it may be made ex parte, and the evidence in support of the application may be given by a report of the Official Receiver to the Court, the contents of which report shall be received as prima facie evidence of the matters therein stated.

(3.) Where the application is made by some person other than the Official Receiver, it shall be made by motion, of which notice shall be given to the Official Receiver and trustee (if any), and shall, except in the case of a lunatic so found by inquisition, be supported by an affidavit of a duly registered medical practitioner as to the physical and mental condition of the debtor.

(4.) Where the order is made on the application of the Official Receiver, the expense of holding the examination shall be deemed to be an expense incurred by the Official Receiver within the meaning of rule 135 of these Rules.

(5.) Where the application is made by any other person, he shall, before any order is made on the application, deposit with the Official Receiver such sum as the Official Receiver certifies to be necessary for the expenses of the examination.

(6.) The order to be made on the application shall be in accordance with Form 69 or Form 70 as the case requires.

Division 9.—Service of Proceedings.

Service where debtor abroad.

202. Where a bankrupt against whom a sequestration order has been made is not in Australia, the Court may order service, on the debtor, of the sequestration order, order to attend the public examination or any adjournment thereof, or of any other order made against, or summons issued for the attendance of, the debtor, to be made within such time and in such manner and form as it thinks fit.

Division 10.—Composition or Scheme.

See Parts V.‑VI., pp. 58‑61 herein.

Forms where proposal substitute by debtor.

203. Where a bankrupt intends to submit a proposal for a composition or scheme, Forms 35, 36, 74, 75, 76, and 77 shall be used as required for the purpose of the meeting of creditors for consideration of the proposal.

Application by debtor or official Receiver for approval of Court.

204.—(1.) Where the creditors have accepted a composition or scheme, the trustee or the bankrupt may forthwith apply to the Court to fix a day for the hearing of an application for the approval of the composition or scheme.

(2.) The trustee shall not by making the application be deemed necessarily to approve the composition or scheme.

Notice to trustee.

205. Any person other than the trustee who applies to the Court to approve of a composition or scheme shall, not less than ten days before the day appointed for hearing the application, send notice of the application to the trustee and the Official Receiver.

Notice to creditors.

206. Whenever an application is made to the Court to approve a composition or scheme, the trustee shall, not less than three days’ before the day appointed for hearing the application, send notice of the application to every creditor who has proved his debt.

Trustee’s report to be filed.

207. In every case of an application to the Court to approve a composition or scheme, the reports of the Official Receiver and the trustee shall be filed not less than four days before the time fixed for hearing the application.

Hearing.

208. On the hearing of any application to the Court to approve a composition or scheme, the Court shall, in addition to considering the reports, hear the Official Receiver and trustee thereon if they desire to be heard.

Costs of application by debtor.

209. No costs incurred by a debtor, of or incidental to an application to approve a composition or scheme, shall be allowed out of the estate if the Court refuses to approve the composition or scheme.

Evidence and order.

210.—(1.) The Court, before approving a composition or scheme, shall, in addition to investigating the other matters as required by the Act, require proof that the provisions of sub‑sections (1.) and (2.) of section 71 of the Act have been complied with.

(2.) An order approving a composition or scheme shall be in accordance with Form 85.

(3.) The Registrar shall forthwith send notice to the Official Receiver and trustee of every order made on an application to approve a composition or scheme and the trustee shall publish the notice in the Commonwealth Gazette.

Provision is composition or scheme for costs and charges.

211. Where a composition or scheme has been duly accepted by the creditors, the composition or scheme shall not be approved by the Court unless the Court is satisfied, on the report of the trustee, that provision is made for payment of all proper costs, charges, fees, and expenses of and incidental to the proceedings.

Fee on application.

212. The fee prescribed to be charged for and in respect of an application to the Court to approve a composition or scheme may be allowed and paid out of the estate of the debtor in any case in which there are sufficient funds in the hands of the trustee available for the purpose.

Correction of formal slips, &c.

213. At the time a composition or scheme is approved, the Court may correct or supply any accidental or formal slip, error, or omission therein, but no alteration in the substance of the composition or scheme shall be made.

Proceeding if scheme approved.

214. When a composition or scheme is approved, the trustee shall, on payment of all proper costs, charges, fees, and expenses of and incidental to the proceedings, forthwith put the debtor (or, as the case may be, the trustee, under the composition or scheme, or the other person or persons to whom under the composition or scheme the property of the debtor is to be assigned) into possession of the debtor’s property.

Cases in which Official Receiver is to be trustee.

215. In every case of a composition or scheme in which a trustee is not appointed, or, if appointed, declines to act, or becomes incapable of acting, or is removed, the Official Receiver shall, unless and until another trustee is appointed by the creditors, be the trustee for the purpose of receiving and distributing the composition, or for the purpose of administering the debtor’s property, and carrying out the terms of the composition or scheme, as the case may be.

Security by trustee under composition or scheme.

216.—(1.) Where under a composition or scheme of arrangement a trustee, other than the trustee in bankruptcy, is appointed, he shall, after the composition or scheme has been approved by the Court, give security to the satisfaction of the Court in like manner as if he were a trustee in bankruptcy.

(2.) If the trustee fail to give such security within the time required, he may be removed by the Court on the application of the Official Receiver or any creditor.

Default in payment of composition.

217. Where a composition or scheme has been approved, and default is made in any payment thereunder either by the bankrupt or the trustee (if any), no action to enforce the payment shall be, but the remedy of any person aggrieved shall be by application to the Court.

Vesting of property on annulment of composition.

218. Where a composition or scheme is annulled, the property of the bankrupt shall, unless the Court otherwise directs, forthwith vest in the Official Receiver to whom the estate was originally assigned, without any special order being made or necessary.

Annulment of composition or scheme.

219. Where a composition or scheme is annulled, the trustee under the composition or scheme shall account to the Official Receiver for any money or property of the bankrupt which has come to his hands, and pay or deliver over to the Official Receiver any money or property which has not been duly administered.

Dividends under composition or scheme.

220. Where under any composition or scheme provision is made for the payment of any moneys to creditors entitled thereto, and any claim, in respect of which a proof has been lodged, is disputed, the Court may, if it thinks fit, direct that the amount which would be payable upon the claim, if established, shall be secured in such manner as the Court directs, until the determination of the claim so disputed; and on the determination thereof, the sum so secured shall be paid as the Court directs.

Proof of debts in composition or scheme.

221.—(1.) Every person claiming to be a creditor under any composition or scheme, who has not proved his debt before the approval of the composition or scheme, shall lodge his proof with the trustee thereunder, if, any, or, if there is no such trustee, with the Official Receiver, who shall admit or reject the proof.

(2.) No creditor shall be entitled to enforce payment of any part of the sums payable under a composition or scheme unless and until he has proved his debt and his proof has been admitted.

Application of provisions of Division.

222. The provisions of this Division shall apply to compositions or schemes under section 71 of the Act, and so far as applicable also to compositions or schemes under Parts XI. and XII. of the Act.

Division 11.—Statement of Affairs.

How made out.

223.—(1.) Where a sequestration order has been made on a creditor’s petition the Official Receiver shall furnish to the debtor instructions for the preparation of his Statement of Affairs.

(2.) The Statement of Affairs shall be in accordance with Forms 29‑29H.

Extension of time.

224. Where any debtor requires any extension of the time for the filing by him of his statement of affairs he shall submit to the Official Receiver an application in writing, addressed to the Registrar. The Official Receiver shall minute upon the application his recommendation as to the extension and the Registrar may grant or refuse the application as to him appears fit.

Division 12.—Proofs of Debt.

Time of proof.

225. Every creditor shall prove his debt as soon as may be after the making of a sequestration order or his acceptance of a composition, scheme of arrangement, deed of assignment or deed of arrangement.

Manner of proof.

226.—(1.) A debt may be proved by delivering or sending by prepaid letter through the post to the Official Receiver or trustee, as the case may be, a full true and particular account of the debt in the prescribed form and verified by affidavit, which shall specify the vouchers, if any, by which the debt can be substantiated. The Official Receiver or trustee may at any time call for the production of the vouchers.

(2.) The affidavit shall state whether the creditor is or is not a secured creditor.

Form of proof.

227. A creditor’s proof shall be in accordance with Form 56.

Proof of workmen.

228.—(1.) In any case in which it appears from the debtor’s statement of affairs that there are numerous claims for wages by workmen and others employed by the debtor, it shall be sufficient if one proof for all such claims is made either by the debtor or his foreman, or some other person on behalf of all such creditors.

(2.) The proof shall be in accordance with Form 58, and shall have annexed thereto, as forming part thereof, a schedule setting forth the names of the workmen and others, and the amounts severally due to them.

(3.) Any proof made in compliance with this Rule shall have the same effect as if separate proofs had been made by each of the workmen and others.

Costs of proof.

229. A creditor shall bear his own costs of proving his debt, unless the Court otherwise specially orders.

Inspection of proofs by creditor.

230. Every creditor who has lodged a proof shall be entitled to see and examine the proofs of other creditors before the first meeting, and at all reasonable times.

Trade discounts.

231. A creditor proving his debt shall deduct there from all trade discounts, but he shall not be compelled to deduct any discount not exceeding eight per centum on the net amount of his claim, which he may have agreed to allow for payment in cash.

Accounts settled.

232. Any account settled between the debtor and the creditor within three years preceding the date of the bankruptcy may be examined, and, if it appears that the settlement of the account forms substantially

one transaction with any debt alleged to be due out of the debtor’s estate (whether in the form of renewal of a loan or capitalization of interest or ascertainment of loans or otherwise), the account may be re‑opened and the whole transaction treated as one.

Apportionment to principal and interest.

233. Any payments made by the debtor to the creditor before the bankruptcy, whether by way of bonus or otherwise, and any sums received by the creditor before the bankruptcy from the realization of any security for the debt, shall, notwithstanding any agreement to the contrary, be appropriated to principal and interest in the proportion that the principal bears to the sum payable as interest at the agreed rate.

Security realized after bankruptcy.

234. Where the debt due is secured and the security is realized after the bankruptcy, or the value thereof is assessed in the proof, the amount realized or assessed shall be appropriated to the satisfaction of principal and interest in the proportion that the principal bears to the sum payable as interest at the agreed rate.

Realization of security.

235. If a secured creditor realizes his security, he may prove for the balance due to him, after deducting the net amount realized, provided the creditor satisfies the Court or the trustee that the realization has been effected in a bona fide and proper manner.

Surrender.

236. If a secured creditor surrenders his security to the Official Receiver or trustee for the general benefit of the creditors, he may prove for his whole debt.

Neither realized nor surrendered.

237. If a secured creditor does not either realize or surrender his security, he shall, before ranking for dividend, state in his proof the particulars of his security, the date when it was given, and the value at which he assesses it, and shall be entitled to receive a dividend only in respect of the balance due to him after deducting the value so assessed.

Redemption by trustee.

238.—(1.) Where a security is so valued the trustee may at any time redeem it on payment to the creditor of the assessed value.

(2.) If the trustee is dissatisfied with the value at which a security is assessed, he may require that the property comprised in any security so valued be offered for sale at such times and on such terms and conditions as are agreed on between the creditor and the trustee, or as, in default of such agreement, the Court directs. If the sale be by public auction the creditor, or the trustee on behalf of the estate, may bid or purchase:

Provided that the creditor may at any time, by notice in writing, require the trustee to elect whether he will or will not exercise his power of redeeming the security or requiring it to be realized, and if the trustee does not, within three months after receiving the notice, signify in writing to the creditor his election to exercise the power, he shall not be entitled to exercise it; and the equity of redemption, or any other interest in the property comprised in the security which is vested in the trustee, shall vest in the creditor, and the amount of his debt shall be reduced by the amount at which the security has been valued.

Amendment of valuation.

239. Where a creditor has so valued his security, he may at any time amend the valuation and proof on showing to the satisfaction of the trustee, or the Court, that the valuation and proof were made bona fide on a mistaken estimate, or that the security has diminished or increased in value since its previous valuation; but every such amendment shall be made at the cost of the creditor, and upon such terms as the Court orders, unless the trustee allows the amendment without application to the Court.

Repayment of excess.

240. Where a valuation has been amended in accordance with the last preceding rule, the creditor shall forthwith repay any surplus dividend which he may have received in excess of that to which he would have been entitled on the amended valuation, or, as the case may be, shall be entitled to be paid, out of any money for the time being available for dividend, any dividend or share of dividend which he may have failed to receive by reason of the inaccuracy of the original valuation, before that money is made applicable to the payment of any future dividend, but he shall not be entitled to disturb the distribution of any dividend declared before the date of the amendment.

Subsequent realization.

241. If a creditor after having valued his security subsequently realizes it or if it is realized under the provisions of rule 238, the net amount realized shall be substituted for the amount of any valuation previously made by the creditor, and shall be treated in all respects as an amended valuation made by the creditor.

Exclusion from dividend.

242. If a secured creditor does not comply with rules 235 to 241, inclusive, he shall be excluded from all share in any dividend.

Creditors not to receive more than 20s. in £.

243. Subject to the provisions of rule 238, a creditor shall in no case receive more than Twenty shillings in the pound, and interest as provided by the Act.

Proof in respect of distinct contracts.

244. If a debtor was at the date of the bankruptcy liable in respect of distinct contracts as a member of two or more distinct firms, or as a sole contractor, and also as member of a firm, the circumstance that the firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof in respect of the contracts against the properties respectively liable on the contracts.

Periodical payments.

245. When any rent or other payment falls due at stated periods, and the bankruptcy is made at any time other than one of those periods, the person entitled to the rent or payment may prove for a proportionate part thereof up to the date of the bankruptcy as if the rent or payment grew due from day to day.

Interest.

246. On any debt or sum certain, payable at a certain time or otherwise, whereon interest is not reserved or agreed upon, and which is overdue at the date of and provable in the bankruptcy, the creditor may prove for interest at a rate not exceeding six per centum per annum to the date of the bankruptcy from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made giving the debtor notice that interest will be claimed from the date of the demand until the time of payment.

Production of bills of exchange and promissory notes.

247. Where a creditor seeks to prove in respect of a bill of exchange, promissory note, or other negotiable instrument or security on which the debtor is liable, the bill of exchange, note, instrument, or security shall, subject to any special order of the Court made to the contrary, be produced to the Official Receiver, chairman of a meeting, or trustee, as the case may be, before the proof can be admitted either for voting or for dividend.

Time for lodging proofs in a sequestration.

248.—(1.) A proof intended to be used at the first meeting of creditors in a sequestration shall be lodged with the Official Receiver not later than the time mentioned for that purpose in the notice convening the meeting, which time shall not be earlier than twelve o’clock noon of the day but one before, nor later than twelve o’clock noon of the day before, the day appointed for the meeting.

(2.) A proof intended to be used at an adjournment of the first meeting (if not lodged in time for the first meeting) shall be lodged not less than twenty‑four hours before the time fixed for holding the adjourned meeting.

Time for lodging proofs in other cases.

249. A proof intended to be used at the first meeting of creditors in any estate other than a bankrupt’s estate shall be lodged with the chairman of such meeting as soon as the chairman has been elected. If intended to be used at an adjournment or at any subsequent meeting the proof shall be lodged with the trustee not less than twenty‑four hours before the time fixed for holding the meeting or adjourned meeting. If there is no trustee the chairman of the particular meeting may receive and admit the proof for voting.

Transmission of proofs to trustee.

250. Where a trustee is appointed in any matter, all proofs of debts that have been received by the Official Receiver or chairman shall be handed over to the trustee; but the Official Receiver or chairman shall first make a list of those proofs, and take a receipt thereon from the trustee for the proofs.

Proofs to be sent by Official Receiver to Registrar.

251. Where no other trustee is appointed, the Official Receiver shall forthwith after the final payment has been made in a composition or scheme of arrangement duly approved by the Court, and in a bankruptcy after a final dividend has been declared, send to the Registrar all proofs tendered in the proceeding, with a list thereof certified to be correct, distinguishing in the list the proofs which were wholly or partly admitted, and the proofs which were wholly or partly rejected.

Proofs to be sent by trustee to Registrar.

252.—(1.) Every trustee shall, if so required by any creditor, forth with upon receiving a proof of debt from any source other than the Official receiver or chairman of a meeting of creditors acknowledge receipt thereof in writing to the creditor.

(2.) Not later than the third day of the month following the date of the expiration of the prescribed period for dealing with proofs, the trustee shall cause all proofs, if admitted or rejected, to be filed in

the Court together with a certified list of proofs received but not previously filed, distinguishing in the list those proofs receiving further consideration.

Admission or rejection of proofs.

253. The trustee shall examine every proof and the grounds of the debt, and in writing admit or reject it, in whole or in part, or require further evidence in support of it. If he rejects a proof he shall state in writing to the creditor the grounds of the rejection.

Time for admission or rejection of proof by Official Receiver.

254. Subject to the power of the Court to extend the time, the Official Receiver, as trustee, not later than fourteen days from the latest date specified in the notice of his intention to declare a dividend as the time within which the proofs must be lodged, shall, in writing, either admit or reject wholly or in part every proof lodged with him, or require further evidence in support thereof.

Time for admission or rejection of proof by trustee.

255.—(1.) Subject to the power of the Court to extend the time, the trustee, other than the Official Receiver, within sixty days after receiving a proof which has not previously been dealt with by the Official Receiver, shall, in writing, either admit or reject it wholly or in part, or require further evidence in support thereof:

Provided that where the trustee has given notice of his intention to declare a dividend he shall within fourteen days after the date mentioned in the notice as the latest date upon which proofs shall be lodged, examine and in writing admit or reject every proof which has not been already admitted or rejected, and give notice of his decision rejecting a proof wholly or in part to the creditor affected thereby.

(2.) Any creditor whose claim has not been admitted or rejected within the prescribed period of sixty days, may, in writing, call upon the trustee to decide within a period of one month whether he will admit the claim and the trustee shall within that period notify the creditor of his decision.

Notice of admission of proof.

256. Where a creditor’s proof has been admitted the notice of dividend shall be sufficient notification to the creditor of the admission.

Amendment of proof.

257.—(1.) A creditor may with the leave of the trustee amend his proof.

(2.) If the trustee thinks that a proof has been improperly admitted, the Court may, on the application of the trustee, after notice to the creditor who made the proof, expunge the proof or reduce its amount.

(3.) The Court may also expunge or reduce a proof upon the application of a creditor or the debtor if the trustee declines to interfere in the matter.

Appeal by creditor.

258. If a creditor is dissatisfied with the decision of the trustee in respect of a proof, the Court may, on the application of the creditor, reverse or vary the decision.

Procedure where creditor appeals.

259.—(1.) The Official Receiver, or, as the case may be, the trustee, shall within three days after receiving notice from a creditor of his intention to appeal against a decision rejecting a proof, file the proof with the Registrar, with a memorandum thereon of his disallowance thereof.

(2.) After the appeal has been heard by the Court, the proof, unless wholly disallowed, shall be given back to the Official Receiver or trustee, as the case may be.

Appeal from rejection of proof.

260. Subject to the power of the Court to extend the time, no application to reverse or vary the decision of an Official Receiver or trustee in rejecting a proof shall be entertained after the expiration of twenty‑one days from the date of the decision complained of.

Costs of appeals from decisions as to proofs.

261. The Official Receiver or trustee, unless, in the case of a trustee, the Court in special circumstances so orders, shall in no case be personally liable for costs in relation to an appeal from his decision rejecting any proof wholly or in part.

Trustee may administrator oaths.

262. For the purpose of any of his duties in relation to proofs, the trustee may administer oaths and take affidavits but shall not be entitled to charge any fee therefor unless he is duly authorized to do so as a Commissioner for Affidavits.

Official Receiver to have powers of trustee.

263. The Official Receiver, before the appointment of a trustee, shall have all the powers of a trustee with respect to the examination, admission, and rejection of proofs, and any act or decision of his in relation thereto shall be subject to the like appeal.

Division 13.—Disclaimer of Lease or Onerous Property.

Disclaimer of lease or onerous property.

264.—(1.) A lease may be disclaimed without the leave of the Court in any of the following cases, namely:—

(a) Where the bankrupt has not sub‑let the demised premises or any part thereof or created a mortgage or charge upon the lease, and—

(i) the rent reserved is less than £78 per annum; or

(ii) the estate is administered under the provisions of section 154 of the Act; or

(iii) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within fourteen days after the receipt of the notice give notice to the trustee requiring the matter to be brought before the Court; or

(b) Where the bankrupt has sub‑let the demised premises or created a mortgage or charge upon the lease, and the trustee serves the lease and the sub‑lessee or the mortgagee with notice in accordance with Form 106 of his intention to disclaim, and neither the lessor nor the sub‑lessee or the mortgagee, or any of them, within fourteen days after the receipt of the notice requires the matter to be brought before the Court;

(2.) Except as provided by this Rule the disclaimer of a lease without the leave of the Court shall be void.

(3.) Where a trustee disclaims any property or leasehold interest he shall forthwith file the disclaimer with the proceedings in the Court; and the disclaimer shall contain particulars of the property or interest disclaimed, and a statement of the persons to whom notice of the disclaimer has been given. Until the disclaimer is filed by the trustee the disclaimer shall be inoperative.

(4.) Where, in pursuance of notice by the trustee of his intention to disclaim a leasehold interest, the lessor, sub‑lessee, or mortgagee requires the trustee to apply to the Court for leave, to disclaim, the

costs of the lessor, sub‑lessee, or mortgagee, shall not be allowed out of the estate of the bankrupt, except in cases in which the Court is satisfied that such application was necessary in order to do justice between the parties.

(5.) A disclaimer made without leave of the Court under this Rule shall not be void or otherwise affected on the ground only that the notice required by this Rule has not been given to some person who claims to be interested in the demised property.

(6.) Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants, he shall, at the request of the Official Receiver or trustee, furnish a statement of the interest so claimed by him.

Division 14.—Dividends.

Notice of intended dividend.

265.—(1.) Not more than two months before declaring a dividend the trustee shall give notice of his intention to do so in the Commonwealth Gazette and in such local newspaper or newspapers as he thinks proper, and at the same time to such of the creditors mentioned in the debtor’s affidavit or statement of affairs or otherwise known to the trustee as have not proved their debts.

(2.) The notice shall specify the latest date up to which proofs shall be lodged, which shall be not less than fourteen days from the date of the notice.

(3.) Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date upon which proofs shall be lodged, appeals against the decision of the Official Receiver or trustee rejecting a proof, the appeal shall, subject to the power of the Court to extend the time in special cases, be commenced, and notice) thereof given to the Official Receiver or trustee within seven days from the date of the notice of the decision against which the appeal is made, and the Official Receiver or trustee shall in that case make provision for the dividend upon the proof, and the probable cost of the appeal in the event of the proof being admitted.

(4.) Where no appeal has been commenced within the time specified in this Rule, the trustee shall exclude all debts and claims in respect of which proofs have been rejected from participation in the dividend.

(5.) Immediately after the expiration of the time fixed by this Rule for appealing against the decision of the trustee, he shall proceed to declare a dividend, and shall send a notice of dividend to each creditor whose proof has been admitted.

(6.) Notice of intention to declare a dividend not exceeding one shilling in the pound, need not be advertised.

(7.) The notices shall be in accordance with Forms 116, 117, 118, and 119.

(8.) If it becomes necessary, in the opinion of the trustee, to postpone the declaration of a dividend beyond the limits prescribed, the trustee shall, subject to the Act, give a fresh notice of his intention to declare a dividend in the Commonwealth Gazette and local newspaper; but it shall not be necessary for the trustee to give a fresh notice to such of the creditors mentioned in the bankrupt’s statements of affairs as have not proved their debts.

(9.) In all other respects the same procedure shall follow the fresh notice as would have followed the original notice.

Production of bills, notes, &c.

266. Subject to the Bills of Exchange Act 1909‑1932, and subject to the power of the Court in any other case on special grounds to order production to be dispensed with, every bill of exchange, promissory note, or other negotiable instrument or security, upon which proof has been made, shall be exhibited to the trustee before payment of the dividend thereon, and the rate of dividend shall be endorsed on the instrument.

Dividend may be sent by post.

267.—(1.) Subject to the last previous rule, the amount of the dividend may, at the request and risk of the creditor, be transmitted to him by post.

(2.) If a creditor desires that a dividend to which he is entitled shall be paid to some other person, he may lodge with the trustee a request in accordance with Form 119a to that effect, which shall be a sufficient authority for the payment of the dividend to the person therein named.

Division 15.—Discharge.

Application where public examination not held.

268. A bankrupt who has not been publicly examined may apply for his discharge at any time after twelve months from the date of the order of sequestration.

Application for discharge.

269.—(1.) A bankrupt intending to apply for his discharge shall produce to the Registrar a certificate in accordance with Form 134 from the Official Receiver or trustee showing the number, names and addresses of those creditors who have proved their debts, or whose names appear in the debtor’s statement of affairs. The Official Receiver or trustee shall be entitled to charge for the preparation of such certificate the amount of 6d. per folio of 72 words.

(2.) The Registrar shall, not less than 28 days before the day appointed for hearing the application, give notice of the time and place of the hearing of the application to the Official Receiver and trustee, and shall forthwith publish notice thereof in the Commonwealth Gazette.

Notice to be sent to creditors.

270. Notice in accordance with Form 136 of the day appointed for the hearing of the bankrupt’s application for discharge shall be sent to each creditor who has proved his debt, or whose name appears in the debtor’s statement of affairs, not less than fourteen days before the day so appointed.

Opposed applications.

271. In any case in which an application is made to the Court by a bankrupt for his discharge, and the Official Receiver reports to the Court any fact, matter, or circumstance which would, under the Act, justify the Court in refusing an unconditional order of discharge, the application shall be deemed to be an opposed application within the meaning of section 24 (1) (f) of the Act.

Report of Official Receiver.

272. In every case of an application by a bankrupt for his discharge, the report of the Official Receiver shall be filed not less than ten days before the time fixed for hearing the application.

Nature of report of Official Receiver.

273.—(1.) The report of the Official Receiver on a bankrupt’s application for an order of discharge shall afford the fullest possible information with regard to the bankrupt’s conduct and affairs and the cause of his bankruptcy.

(2.) It shall be the duty of the Official Receiver, whether the report is favourable or otherwise, to bring under the notice of the Court all facts which the Court ought to have in mind in considering whether an order should or should not be granted.

(3.) It shall not be sufficient, for the Official Receiver to say that he knows of no reason why an order should not be granted.

(4.) Where a trustee has been appointed by the creditors in an estate the Official Receiver may require the trustee to furnish a report upon the conduct of the bankrupt during the sequestration and upon the realization of the estate and the trustee shall furnish the report within the time fixed by the Official Receiver.

Report of Official Receiver on books.

274. The Official Receiver in every report on an application for an order of discharge shall state either that the bankrupt did keep such books of account as are usual and proper in the business or occupation carried on by him, and the name and character of those books, or, if he did not keep such books of account as are usual and proper in the business or occupation carried on by him, shall specify the books which, in his opinion, should have been kept by the bankrupt, and shall state clearly the names and characters of those books which the bankrupt has omitted to keep.

Procedure where application not opposed.

275.—(1.) On the hearing of an application by a bankrupt for an order of discharge, if the application is not opposed, the Court may take into consideration the depositions (if any) of the bankrupt, and any written report made to the Court by the Official Receiver as to the conduct and affairs of the debtor, and any evidence brought forward by the bankrupt, and if the bankrupt desires it and the Court thinks fit, shall direct the Registrar to furnish the bankrupt with notice, in writing, of matters requiring explanation, and after the explanation (if any) the Court shall decide upon the application in accordance with the Act.

(2.) Where an application by a bankrupt for an order of discharge is not deemed to be opposed under Rule 271, the Court may, in its discretion, dispense with the attendance of the bankrupt at the hearing of the application.

Evidence in answer to report.

276. Where a bankrupt intends to dispute any statement with regard to his conduct and affairs contained in the Official Receiver’s report, he shall, not less than two days before the hearing of the application for discharge, give notice in writing to the Official Receiver, specifying the statements in the report, if any, which he proposes at the hearing to dispute.

Notice is oppose discharge.

277. Any creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Receiver’s report, shall give notice of the intended opposition, stating the grounds thereof, to the Official Receiver, the Registrar and the debtor not less than five days before the hearing of the application.

Procedure where application opposed.

278.—(1.) If an application for an order of discharge be opposed the person opposing shall open his case and give such evidence, in addition to depositions of the bankrupt already taken, if he relies upon any such depositions, as he thinks fit, and the Court may call upon the bankrupt to submit himself for examination as to all matters connected with the grant or refusal of the order of discharge or as to after‑acquired property, and may permit the Official Receiver, trustee or any creditor who has proved to ask such questions as the Court thinks fit, and the bankrupt may also call such evidence as he thinks fit and address the Court thereon, and the party opposing shall have the right of reply.

(2.) The bankrupt shall, not less than fourteen days before the hearing of the application, file with the Registrar an affidavit stating fully the grounds, facts and circumstances upon which he intends to rely to satisfy the Court that the failure of his estate to realize an amount equal to ten shillings in the pound on the amount of his unsecured liabilities has arisen from circumstances for which he cannot justly be held responsible.

Evidence, how given.

279. Upon application for a discharge, evidence, in addition to depositions of the bankrupt already taken and the Official Receiver’s report, shall be given viva voce in open Court, but the Court may allow affidavits to be used, or the whole or part of the evidence to be taken on commission.

Attendance by bankrupt.

280. Subject to sub‑rule (2.) of rule 275 of these Rules, the bankrupt shall attend the Court on the day appointed for hearing the application for his discharge, and on any day or days of adjournment, unless the Court otherwise orders, and if he fails, without reasonable excuse, to attend he shall be deemed guilty of an offence, and may be punished accordingly.

Costs of application.

281. A bankrupt shall not be entitled to have any of the costs of or incidental to his application for his discharge allowed to him out of his estate.

Conditional orders.

282.—(1.) Where the Court grants a discharge conditionally upon the bankrupt consenting to judgment being entered against him by the Official Receiver or trustee for the balance or any part of the balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge, the discharge, which shall be, in accordance with Form 143, shall not be signed, completed, or delivered out until the bankrupt has given the required consent in accordance with Form 144. The judgment shall be entered in the Court, and shall be in accordance with Form 145.

(2.) Where the Court grants discharge subject to conditions as to earnings, after‑acquired property and income of the bankrupt, the order shall be in accordance with Form 142.

(3.) If the bankrupt does not give the required consent within one month of the making of the conditional order the Court may, on the application of the Official Receiver or trustee, revoke the order or make such other order, as the Court thinks fit.

Order where no facts or offence proved.

283.—(1.) The unconditional order of the Court made on an application for discharge where no facts under sub‑section (7.) of section 119 of the Act or offences are proved shall be dated on the day on which it is made, and shall take effect there from, but the order shall not be delivered out or published in the Commonwealth Gazette until after the expiration of the time allowed for appeal, or, if an appeal be entered, until after the decision of the Court of Appeal thereon.

(2.) The order shall be in accordance with Form 137.

Order suspending discharge where facts under section 119 (7) or offences are proved.

(3.) Where on an application for discharge any facts or offences are proved the order of the Court shall bear the date on which the order was made and shall take effect from that date, but it shall not be delivered out or published in the Commonwealth Gazette until after the expiration of the time allowed for appeal, or if an appeal be entered until after the decision of the Court of Appeal thereon, and the period of suspension (if any). The order shall be in accordance with Form 139 or 140.

(4.) When the period of suspension (if any) has expired an order in accordance with Form 141 shall be delivered out, and published in the Commonwealth Gazette.

Gazetting order.

284. When the time for appeal has expired, or, as the case may be, the Registrar shall forthwith publish notice of the discharge in the Commonwealth Gazette.

Execution as judgment in case of conditional discharge.

285.—(1.) An application by the Official Receiver or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing, and shall state shortly the grounds on which the application is made. When the application is lodged, the Registrar shall fix a day for the hearing.

(2.) The Official Receiver or trustee shall give notice of the application to the bankrupt not less than eight days before the day appointed for the hearing, and shall at the same time furnish him with a copy of the application.

Accounts of after‑acquired property.

286. Where a bankrupt is discharged subject to the condition that judgment shall be entered against him, or subject to any condition as to his future earnings or after‑acquired property he shall, from time to time until the judgment or condition is satisfied, give the Official Receiver such information as he requires with respect to his earnings and after‑acquired property and income, and not less than once a year file in the Court a statement showing the particulars of any properly or income he has acquired subsequent to his discharge.

Verification of statements of after‑acquired property.

287.—(1.) Any statement of after‑acquired property or income filed by a bankrupt whose discharge has been granted subject to conditions shall be verified by affidavit in accordance with Form 146, and the Official Receiver or trustee may require the bankrupt to attend before the Court to be examined on oath with reference to the statements contained in the affidavit, or as to his earnings, income, after‑acquired property, or dealings.

(2.) Where a bankrupt neglects to file the affidavit or to attend the Court for examination when required so to do, or properly to answer all such questions as the Court puts or allows to be put to him, the Court may, on the application of the Official Receiver or trustee, rescind the order of discharge.

Application for modification of order.

288. Where the bankrupt applies to the Court to modify the terms of an order under sub‑section (6.) of section 119 of the Act on the ground that there is no reasonable probability of his being in a position to comply with the terms of the order, he shall give fourteen days’ notice of the day fixed for hearing the application to the Official Receiver and trustee and to all his creditors.

Division 16.—Proxies and Voting Letters.

Form and filling of proxy.

289.—(1.) A general proxy shall be in accordance with Form 54, and a special proxy shall be in accordance with Form 55.

(2.) A proxy shall be lodged with the Official Receiver or trustee not later than four o’clock on the day before the meeting or adjourned meeting, at which it is to be used:

Provided that the Chairman of a meeting of creditors may, with the consent of a majority of the creditors assembled, allow a proxy to be used which has not been lodged as provided herein.

(3.) As soon as a proxy or voting letter has been used it shall be filed with the proceedings in the matter.

Signature to proxy.

290.—(1.) A proxy given by a creditor shall be deemed to be sufficiently executed if it is signed by any person in the employ of the creditor having a general authority to sign for the creditor, or by the authorized agent of the creditor if resident abroad. The authority shall be in writing, and shall be produced to the Official Receiver or trustee, if required.

(2.) A creditor who is unable to attend a meeting in person may by telegram authorize some other person to attend and vote on his behalf in the manner indicated in the telegram.

Filling in when creditor blind, &c.

291. The proxy of a creditor blind or incapable of writing may be accepted if the creditor has attached his signature or mark thereto in the presence of a witness, who shall add to his signature his description and residence, and all insertions in the proxy are in the handwriting of the witness, and if the witness has certified at the foot of the proxy that all such insertions have been made by him at the request of the creditor and in his presence and that the document has been read over to such creditor who appeared to thoroughly understand the full purport thereof before he attached his signature or mark.

Minors not to be proxies.

292. No person shall be appointed a general or special proxy who is a minor.

Representation of companies.

293. A director or secretary of a company or corporation may personally represent the company or corporation at a meeting of creditors if duly authorized to bind the company or corporation. Otherwise the company or corporation may only he represented by a person holding a proxy.

Registration of general proxies.

294. General proxies given by a company for purposes of bankruptcy proceedings may be registered with the Official Receiver of the District and the certificate of the Official Receiver that any such proxy has been duly registered may be accepted at any meeting of creditors under the Act as evidence that the person so registered is entitled to represent the company at the meeting.

Division 17.—Meetings of Creditors.

First meeting in a sequestration.

295.—(1.) The first meeting of creditors in a sequestration shall be summoned by the Official Receiver for a day not later than fourteen days after the date of the sequestration order unless the Court or the Registrar for any special reasons deems it expedient that the meeting be held at a later date

(2.) The Official Receiver shall fix the time and day for the first meeting, and shall not less than seven days before the date so fixed publish it in the Commonwealth Gazette and such local paper or papers as the Official Receiver selects and give notice to the debtor and creditors in accordance with Forms 33 to 40, as the case requires.

(3.) The notice to creditors of the time and place of the meeting shall be accompanied by a special form of proxy and a summary of the debtor’s statement of affairs including the causes of his failure, and any observations thereon which the Official Receiver thinks fit to make.

(4.) The meeting of creditors may be held upon the day fixed although the notice has not been published in the Gazette the prescribed seven days before such date and the proceedings of the first meeting shall not be invalidated by reason of any such notice form or summary not having been sent or received before the meeting.

(5.) The meeting shall be held at such place as is, in the opinion of the Official Receiver, most convenient for the majority in value of the creditors.

Special meetings.

296. The Official Receiver or the trustee may at any time summon a meeting of creditors, and shall do so whenever so directed by the Court, or so requested in writing by one‑sixth in value of the creditors.

Subsequent meetings.

297. Meetings subsequent to the first meeting shall be summoned by sending notice of the time and place thereof to each creditor at the address given in his proof, or if he has not proved, at the address given in the debtor’s statement of affairs, or at such other address as is known to the person summoning the meeting, together with a special form of proxy.

Notice.

298. Where no special time is prescribed the notices shall be sent not less than three days before the day appointed for the meeting.

Chairman.

299. The Official Receiver, or some person nominated by him, shall be the chairman at the first meeting in a sequestration. The chairman at subsequent meetings shall be such person as those present at the meeting by resolution appoint.

Non‑reception of notice by creditor.

300. Where a meeting of creditors is called by notice, the proceedings had and resolutions passed at the meeting shall, unless the Court otherwise orders, be valid, notwithstanding that some creditors have not received the notice sent to them.

Notice to Official Receiver of creditors’ meetings.

301. Where a trustee of a bankrupt’s estate calls a meeting of creditors he shall forthwith send to the Official Receiver a copy of the notice convening the meeting.

Proof of notice.

302. A certificate by the Official Receiver or other officer of the Court, or by the clerk of any such person, or an affidavit by the trustee or his solicitor, or the clerk of either of those persons, that the notice of any meeting of creditors or sitting of the Court has been duly posted shall be sufficient evidence of the notice having been duly sent to the person to whom it is addressed. The affidavit and the certificate shall be in accordance with Form 38, 39, 47, or 48, as the case requires.

Costs of creditors’ meetings.

303. Where, on the request of creditors, the Official Receiver or trustee calls a meeting of creditors, the cost of summoning the meeting, including all disbursements for printing, stationery, postage, and the hire of room for meeting, shall not exceed an amount calculated at the following rates for each creditor to whom notice is required to be sent:—2s. per creditor for the first 20 creditors; 1s. per creditor for the next 80 creditors; 6d. per creditor for any number of creditors after the first 50.

Only proved creditors to vote.

304. Except as otherwise provided in these Rules, a person shall not be entitled to vote as a creditor at the first or any other meeting of creditors unless he has duly proved a debt provable in bankruptcy to be due to him from the debtor, and the proof has been duly lodged with the Official Receiver, trustee, or chairman in the manner prescribed by these Rules for the particular meeting.

Wife or husband of bankrupt or debtor not to vote.

305. The wife or husband of a bankrupt or debtor shall not be entitled to vote at a meeting of creditors.

Unliquidated or contingent debt.

306. A creditor shall not vote at any such meeting in respect of any unliquidated or contingent debt, or any debt the value of which is not ascertained.

Secured creditor.

307. For the purpose of voting, a secured creditor shall, unless he surrenders his security, state in his proof the particulars of his security, the date when it was given, and the value at which he assesses it, and shall be entitled to vote only in respect of the balance (if any) due to him, after deducting the value of his security. If he votes, in respect of his whole debt he shall be deemed to have surrendered his security, unless the Court on application is satisfied that the omission to value the security has arisen from inadvertence.

Creditor holding current Bill of Exchange or promissory note.

308. A creditor shall not vote in respect of any debt on or secured by a current bill of exchange or promissory note held by him, unless he is willing to treat the liability to him thereon of every person (not being a bankrupt) who is liable thereon antecedently to the debtor as a security in his hands, and for the purposes of voting, but not for the purposes of dividend, to deduct its estimated value from his proof.

Trustee may require surrender of security.

309. The Official Receiver or trustee may, within twenty‑eight days after a proof estimating the value of a security as aforesaid has been made use of in voting at any meeting, require the creditor to give up the security for the benefit of the creditors generally on payment of the value so estimated.

Partnerships.

310. If a sequestration order is made against one partner of a firm, any creditor to whom that partner is indebted jointly with the other partners of the firm, or any of them, may prove his debt for the purpose of voting at any meeting of creditors, and shall be entitled to vote thereof.

Chairman may admit or reject proof.

311. The chairman of a meeting shall have power to admit or reject a proof for the purpose of voting, but his decision shall be subject to appeal to the Court. If he is in doubt whether the proof of a creditor should be admitted or rejected he shall mark the proof as objected to and shall allow the creditor to vote, subject to the vote being declared invalid in the event of the objection being sustained.

Proxy may vote.

312.—(1.) A creditor may vote either in person or by proxy.

Form of proxy.

(2.) Every instrument of proxy shall be in the prescribed form.

Form of proxy to be in blank.

313. Neither the name nor the description of the Official Receiver or of any other person, shall be printed or inserted in the body of any instrument of proxy before it is sent to a creditor.

Who may be general proxy.

314. A creditor may give a general proxy to his manager or clerk, or any other person in his regular employment, or to his barrister, solicitor, or attorney or to a public accountant. In such case the instrument of proxy shall state the relation in which the person to act thereunder stands to the creditor.

Special proxy.

315. A creditor may give a special proxy to any person to vote at any specified meeting or adjournment thereof on all or any of the following matters:—

(a) For or against any specific proposal for a composition or scheme of arrangement;

(b) For or against the appointment of any specified person as trustee at a specified rate of remuneration, or for or against the continuance in office of any specified person as trustee;

(c) On all questions relating to any matter, other than, those above referred to, arising at any specified meeting or adjournment thereof.

Deposit of proxy.

316. A proxy shall not be used unless it is deposited with the Official Receiver, trustee, or chairman before or at the time prescribed or appointed in the notice convening the meeting.

Official receiver maybe appointed proxy.

317. A creditor may appoint the Official Receiver of the debtor’s estate to act in manner prescribed as his general or special proxy.

Adjournment of meetings.

318. A meeting of creditors may, by ordinary resolution, adjourn from time to time, and from place to place.

Quorum.

319.—(1.) A meeting shall not be competent to act for any purpose, except the election of a chairman, the proving of debts, and the adjournment of the meeting, unless there are present, or represented thereat, at least two creditors entitled to vote, or all the creditors if their number does not exceed two.

(2.) If within half an hour from the time appointed for the meeting a quorum of creditors is not present or represented, the meeting shall be adjourned to such other day, time and place, as the chairman appoints, not being less than seven or more than twenty‑one days:

Provided, however, in the case of a first meeting in a bankrupt estate it shall not be necessary to adjourn the meeting unless any creditor present so requests.

Minutes.

320. The chairman of every meeting shall cause minutes of the proceedings at the meeting to be drawn up and the minutes shall be signed by him or by the chairman of the next ensuing meeting.

Copy of resolution for Register.

321. The Official Receiver, or, as the case may be, the trustee, shall forthwith send to the Registrar of the Court in which the matter is pending a copy, certified by him, of every resolution of a meeting of creditors, showing the names of the mover and seconder of such resolution.

Adjournment.

322. Where a meeting of creditors is adjourned, the adjourned meeting shall be held at the same place as the original place of meeting, unless in the resolution for adjournment another place is specified.

Quorum.

323. In calculating a quorum of creditors present at a meeting those persons only who are entitled to vote at the meeting shall be reckoned.

Proxy not to vote if interested party.

324. No person acting either under a general or special proxy shall vote in favour of any resolution which would directly or indirectly place himself, his partner or employer in a position to receive any remuneration out of the estate of the debtor otherwise than as a creditor rateably with the other creditors of the debtor:

Provided that where any person holds special proxies to vote for the appointment of himself as trustee he may use those proxies and vote accordingly.

Trustee or his partner or solicitor not to vote on remuneration.

325. The vote of the trustee, or of his partner, clerk, solicitor, or solicitor’s clerk, either as creditor or as proxy for a creditor, shall not be reckoned in the majority required for passing any resolution affecting the remuneration or conduct of the trustee.

Division 18.—Proceedings by Company or Co‑partnership.

Public officer or agent of company, &c.

326. A bankruptcy petition against, or bankruptcy notice to, any debtor to any company or co‑partnership duly authorized to sue and be sued in the name of a public officer or agent of the company or co‑partnership, may be presented by or sued out by that public officer or agent as the nominal petitioner for and on behalf of the company or co‑partnership, on the public officer or agent filing an affidavit stating that he is the public officer or agent, and that he is authorized to present or sue out the petition or bankruptcy notice.

Division 19.—Proceedings by or against Firm.

Attestation of firm signature.

327. Where any notice, declaration, petition, or other document requiring attestation is signed by a firm of creditors or debtors in the firm name, the partner signing for the firm shall add also his own signature, e.g., “Brown & Co. by James Green, a partner in the said firm.”

Service on firm.

328.—(1.) Any notice or petition for which personal service is necessary shall be deemed to be duly served on all the members of a firm if it is served at the principal place of business of the firm in Australia, or at the principal place of business in a district, on any one of the partners, or upon any person having at the time of service the control or management of the partnership business there.

(2.) The provisions of this Rule shall, so far as the nature of the case will admit, apply in the case of any person carrying on business within the jurisdiction in a name or style other than his own.

Debtor’s petition by firm.

329. Where a firm of debtors file a declaration of inability to pay their debts or a bankruptcy petition, the declaration or petition shall contain the names in full of the individual partners, and if it is signed in the firm name the declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that the majority of the partners concur in the filing thereof.

Statement of affairs.

330. In cases of partnership the debtors shall submit a statement of their partnership affairs, and each debtor shall submit a statement of his separate affairs.

Sequestration against partners.

331. No order of sequestration shall be made against a firm in the firm name, but it shall be made against the partners individually.

Service of creditor’s petition on limited partnership.

332. Unless the Court otherwise orders, a creditor’s petition against a limited partnership shall be served at the principal place of business in Australia or a District of the limited partnership by delivering a sealed copy of the filed petition to one of the general partners there, or to some person having at the time of service, the control or management of the partnership business at that place.

Petition by limited partnership.

333.—(1.) A limited partnership may present a petition in bankruptcy as debtors in the name of the firm.

(2.) The petition shall be signed by a general partner and shall contain in full the names of the general partners, and if the petition is signed in the firm name the petition shall be accompanied by an affidavit made by the partner who signs the petition showing that the majority of the general partners concur in filing the petition.

Court having jurisdiction.

334. A petition by a limited partnership as debtors or against a limited partnership shall be presented to the Court having bankruptcy jurisdiction in the place where the registered office of the limited partnership is situated.

Sequestration order against limited partnership.

335. A sequestration order made against a limited partnership shall operate as if it were a sequestration order made against each of the persons who, at the date of the order, is a general partner in the firm.

Rights of limited partners.

336. Where a sequestration order is made against a limited partnership any past or present limited partner shall have the same rights as a creditor who has proved his debt would have to inspect the file, to attend meetings of creditors, and to appear on and take part in the public examination of, or any application for, an order of discharge by any general partner.

Liability of limited partners.

337. The assets of a limited partnership which, by sub‑section (2.) of section 5 of the Act, are to vest in the trustee on all the general partners becoming bankrupt, shall include the liability (if any) of the limited partners, and past general partners, to contribute to the assets of the limited partnership, and that liability may be enforced by the trustee by motion in the bankruptcy, but subject to the following provisions:—

(a) No present or past limited partner shall be liable to contribute as such, to the assets of the limited partnership to any greater amount than the amount of any part of his contribution as such limited partner which he may have failed to pay into, or have drawn out, or received back

from the partnership assets since he became, or while he remained, a limited partner, except in the case of a present limited partner who is a past general partner and in the case of a past limited partner who has become a present general partner;

(b) No past general partner shall be liable to contribute, as such, to the assets of the limited partnership except in respect of partnership debts and obligations incurred while he continued to be a general partner; but every past general partner who has become a limited partner shall, in addition to any amount which he may be liable to contribute in respect of partnership debts and obligations incurred while he continued to be a general partner, be liable to contribute to the assets of the limited partnership to an amount equal to the amount of any part of his contribution as such limited partner, which he may have failed to pay into, or have drawn out, or received back from the partnership assets since he became, or while he remained, a limited partner; and

(c) No past partner, general or limited, shall be liable to contribute as such to the assets of the limited partnership unless it appears to the Court that the partnership assets otherwise available are insufficient for the payment in full of the partnership liabilities and the costs, charges and expenses of the administration in bankruptcy of the partnership estate.

Division 20.—Joint and Separate Estates.

First meeting.

338. Where a sequestration order is made against a firm, the joint and separate creditors shall collectively be convened to the first meeting of creditors.

Acceptance of composition, &c., by joint and separate creditors.

339.—(1.) The joint creditors, and each set of separate creditors, may severally accept compositions or schemes of arrangement.

(2.) So far as circumstances will allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors are not accepted.

Voting on composition.

340.—(1.) Where proposals for compositions or schemes are made by a firm, and by the partners therein individually, the proposal made to the joint creditors shall be considered and voted upon by them apart from every set of separate creditors; and the proposal made to each separate set of creditors shall be considered and voted upon by that separate set of creditors apart from all other creditors.

(2.) The proposals may vary in character and amount.

(3.) Where a composition or scheme is approved, the sequestration order shall be discharged only so far as, it relates to the estate, the creditors of which have accepted the composition or scheme.

Trustee.

341.—(1.) Upon a sequestration order being made against a partnership the trustee appointed by the joint creditors shall be the trustee of the separate estates.

Committee of Inspection.

(2.) Each set of separate creditors may appoint its own Committee of Inspection; but if any set of separate creditors do not appoint a separate Committee of Inspection, the Committee (if any) appointed by the joint creditors shall be deemed to have been appointed also by the separate creditors.

Separate firms.

342.—(1.) If any two or more of the members of a partnership constitute a separate and independent firm, the creditors of the last‑mentioned firm shall be deemed to be a separate set of creditors, and to be on the same footing as separate creditors of any individual member of the firm.

(2.) Where any surplus arises upon the administration of the assets of the separate or independent firm it shall be carried over to the separate estates of the partners in the separate and independent firm according to their respective rights therein.

Apportionment of trustee’s remunerations.

343. Where joint and separate estates are being administered, the remuneration of the trustee in respect of the administration of the joint estate may be fixed by the creditors, or (if duly authorized), by the Committee of Inspection, of the joint estate, and the remuneration of the trustee in respect of the administration of any separate estate may be fixed by the creditors, or (if duly authorized), by the Committee of Inspection, of the separate estate.

Division 21.—Lunatics.

Lunatics.

344. Where it appears to the Court that any debtor or creditor or other person is a lunatic not so found by inquisition, the Court may appoint such person as the Court thinks fit to do any act required by the Act or these Rules to be done by that debtor or creditor or other person.

Part IV.—Special proceedings.

Division 1.—Small Bankruptcies.

Application for order.

345. An application by the Official Receiver that the estate of a debtor may be ordered to be administered in a summary manner shall be in accordance with Form 30, and the order for summary administration thereon shall be in accordance with Form 31.

Summary administrator.

346. Where an estate is ordered to be administered in a summary manner, under section 154 of the Act, the provisions of the Act and these Rules shall, subject to any special direction of the Court, be modified as follows, namely:—

(a) There shall be no advertisement of any proceedings in a local paper unless the Registrar otherwise directs;

(b) The title of every document in the proceedings subsequent to the making of the order for summary administration shall have inserted thereon the words “Summary Case”;

(d) Any proposal for a composition or scheme shall be lodged with the Official Receiver within four days of the bankrupt submitting his statement of affairs, or within such time thereafter as the Official Receiver fixes;

(e) The first meeting of creditors may, where it is expedient, be held on the day appointed for the public examination, or on any other day fixed by the Official Receiver. If a quorum of creditors be not present, it shall not be necessary to adjourn the meeting;

(f) Meetings of creditors shall be held as directed under sub‑rule (5.) of rule 295;

(g) On an application by a bankrupt for his discharge the certificate of the Official Receiver shall not include, nor shall notices be sent to, creditors whose debts do not exceed £2:

(h) On an application by a bankrupt for an order of discharge the Official Receiver shall in his report specify the classes of creditors of the bankrupt and state whether any grounds exist for discrimination between creditors or classes of creditors in the payment of any dividend, or whether any creditor or class of creditor should be excluded from the receipt of dividend;

(i) In lieu of the copy of the account to be filed with the Court, as prescribed by sub‑section (4.) of section 146 of the Act, a statement showing the position of the estate analogous, as nearly as may be, to that prescribed by Form 114 shall be filed;

(j) Notices of meetings, other than, first meetings, or of sittings of the Court, shall only be sent to creditors whose debts or claims exceed the sum of £2;

(k) The time mentioned in sub‑section (2.) of section 112 of the Act shall be extended to six months;

(l) The estate shall be realized with all reasonable despatch by public auction or public or private tender or as the Official Receiver thinks best, and where practicable, distributed in a single dividend when realized; and

(m) The costs or charges of any person employed by the Official Receiver, other than the costs of a solicitor, may be paid and allowed without taxation where the costs or charges are within the prescribed scale:

Provided that the Court may require the costs or charges to be taxed.

Division 2.—Estates of Persons dying Insolvent.

Form of Petition.

347. A creditor’s petition under section 155 of the Act and a petition under section 156 of the Act by any person in whom the administration of the estate of a deceased person is vested shall be in accordance with Form 176 or 177, and shall be verified by affidavit.

Gazetting.

348. Where an administration order under section 155 or section 156 of the Act is made, the order shall be published in the Commonwealth Gazette and advertised in the same manner in all respects as an order of sequestration is published and advertised.

Service.

349.—(1.) The creditor’s petition shall, unless the Court otherwise directs, be served on each executor who has proved the will, or, as the case may be, on each person who has taken out letters of administration. The Court may also, if it thinks fit, order the petition to be served on any other person.

(2.) Service shall be proved in the same way as is provided in the case of an ordinary creditor’s petition, and the petition shall be heard in the like manner.

Administrator order.

350. An administration order under section 155 or section 156 of the Act shall be in accordance with Form 178.

Duties of executor, &c.

351.—(1.) When an administration order under section 155 or section 156 of the Act has been made, the executor or legal personal representative of the deceased debtor shall lodge with the Official Receiver forthwith (in duplicate) an account of the dealings with, and administration of the deceased’s estate by the executor or legal personal representative, and the executor or legal personal representative shall also furnish forthwith in duplicate a list of the creditors, and a statement of the assets and liabilities, and such other particulars of the affairs of the deceased as are required by the Official Receiver. The Official Receiver shall forthwith transmit a duplicate to the Registrar for filing.

(2.) Every account, list, and statement to be made under this Rule shall be made and verified as nearly as may be in accordance with the Rules relating to sequestrations unless the Official Receiver otherwise directs.

(3.) The expense of preparing, making, verifying, and lodging any account, list, and statement under this Rule shall, after being taxed, be allowed out of the estate, upon production of the necessary certificate.

Executor de son tort.

352. In any case in which an administration order has been made, and it appears to the Court, on the report of the Official Receiver, that no executor or legal personal representative exists, the account, list, and statement mentioned in the last preceding rule shall be made, verified, and lodged by such person as in the opinion of the Court, upon that report, has taken upon himself the administration of, or may otherwise have dealt with, the property of the deceased, or any part thereof.

Application of rules.

353. In proceedings under an order for the administration of the estate of a person dying insolvent, the provision of these Rules—

(a) which refer to creditors, meetings of creditors, and to trustees, committees of inspection, proofs of debt and dividends; and

(b) where the assets of the debtor are not likely to exceed in value the sum of Three hundred pounds, the provisions of section 154 of the Act,

shall, so far as applicable, apply as if the proceedings were under a sequestration order.

See Div. 10, p. 35.

Part V.—Compositions, Schemes, and Assignments without Sequestration.

(Part XI. of the Act.)

Application by creditor to consider a scheme or composition.

354. Any application by a creditor to appoint a day to consider a composition or scheme may be made ex parte, and shall be in accordance with Form 12 in the Fourth Schedule to these Rules.

Notice of appointment to be advertised by Registrar.

355.—(1.) When the Court appoints a day for the consideration of a composition or scheme, notice of the appointment shall be advertised by the Registrar.

Notice of intended opposition to be filed.

(2.) Any creditor who intends to oppose the approval of a composition or scheme shall file with the Registrar a notice of the intended opposition, not less than three days before the time fixed for the hearing of the application.

(3.) The notice shall state the grounds on which the notice is given, and shall be in accordance with Form 13 in the fourth Schedule to these Rules.

Convening meeting of creditors.

356. A debtor or his solicitor calling a meeting of his creditors under section 157 of the Act shall cause notice of the meeting, in the Form No. 2 in the Fourth Schedule to these Rules, to be delivered at or posted to the residence or place of business of each of the creditors and may also cause such notice to be advertised in one of the daily newspapers circulating in the capital city of the State in which he resides or carries on business, and if residing or carrying on business in a place other than the capital city, in any daily newspaper circulating in such other place, not more than twenty‑one and not less than three days before the meeting is to be held.

Notice to partnership.

357. A notice of meeting posted to a firm at its place of business shall be sufficient notice to the partners thereof.

Statement of affairs to be produced.

358. The debtor shall produce to the first general meeting, and also if required by the Chairman, to any subsequent meeting, a statement of his affairs showing the whole of his debts and assets, and the names and addresses of the creditors to whom such debts respectively are due. The debtor shall also cause each creditor at the meeting to be supplied with a summary of the statement of affairs.

Form of statement.

359. The statement of the debtor’s assets and liabilities shall be in accordance with Form 29a with such variations or additions as circumstances require, and shall be available for inspection at the place of meeting not less than twenty minutes before the appointed time for the meeting.

Telegraphic proxies.

360. A creditor who is unable to attend a meeting in person may by telegram authorize some other person to attend and vote on his behalf in the manner indicated in the telegram.

Determination of questions.

361. Any question arising at a meeting may be determined by the Chairman in accordance with the Rules relating thereto in the case of a sequestration or the Chairman may defer the matter until a reference can be made to the Court thereon.

Creditor retiring.

362. When any creditor shall desire to retire from any meeting, and not be considered as present, he may withdraw his proof without prejudice to his again proving his debt on any subsequent occasion.

Payment of costs.

363.—(1.) Where proceedings for or towards a scheme of arrangement or composition are determined by a sequestration, the proper costs incurred in relation to such proceedings shall be paid by the trustee under the sequestration out of the debtor’s estate, unless the Court shall otherwise order.

(2.) The costs of convening the first meeting of creditors and of compiling the statement of affairs for submission thereto may (after taxation if exceeding Ten pounds) be paid out of the estate by the trustee.

Costs not to be allowed if composition or scheme not approved.

364. Unless the Court otherwise directs, no costs incurred by a debtor of or incidental to an application to approve of a composition or scheme shall be allowed out of the estate.

Final statement to be filed.

365. Forthwith after the final payment in respect of any composition accepted by the creditors the debtor or trustee shall file in the Court a complete statement of the payments made in connexion therewith verified by affidavit and showing that all fees and charges have been duly paid.

Applications for examination of debtor or trustee.

366.—(1.) Where the Court is satisfied, upon affidavit, that there is reasonable ground for suspecting that the debtor has not fully disclosed his estate and effects, or has, within six calendar months prior to the execution of the deed, made a fraudulent preference to any creditor, or has concealed or is making away with or improperly or fraudulently dealing with the property of the debtor or any part thereof or that the trustee has concealed or is making away with or improperly or fraudulently dealing with or improperly carrying out his duties in connexion with the property of the debtor, the Court may order that the debtor or trustee respectively do appear and be examined in Court on a day and hour to be appointed in the order.

(2.) The Registrar shall cause a copy of the order to be served upon the debtor or trustee.

Part VI.—Deeds of Arrangement.

(Part XII. of the Act.)

Filing of affidavits.

367. The affidavits or office copies thereof to be made pursuant to Part XII. of the Act shall be filed with the Registrar.

Endorsement of deeds.

368. Upon every copy of a deed which is presented for filing there shall be endorsed, by the person who presents it, the name of the debtor, the date of the deed and of the filing thereof, and a certificate signed by the solicitor of the debtor or the person who presents the copy for filing certifying that the copy is a correct copy of the deed, and stating the number of folios (of 72 words each) which the deed contains.

Execution of deed by trustee prior to registration.

369. An assignment of property by a debtor to a trustee for the benefit of his creditors shall not be registered under the Act unless it appears from the assignment that it has been or purports to have been executed, or signed by the trustee, and it shall be the duty of the Registrar, before registering such an assignment, to satisfy himself that the assignment purports to have been duly executed or signed, as the case may be, by the trustee thereunder.

Production of deed to creditor.

370. Where a trustee seeks to obtain the assent of any creditor to a deed of arrangement he shall either produce the deed to such creditor or inform him in writing of the nature of the deed and whether it is in printed form. If the deed is partly in printed form he shall inform the creditor of any clauses therein which are not printed.

Certificate of registration.

371. When a deed is registered under the Act there shall be written on the original deed a certificate by the Registrar stating that the deed has been duly registered as prescribed by the Act, and the date and time of registration. The certificate shall be sealed with the seal of the Court.

Extract and searches.

372.—(1.) Extracts from the filed copy of a deed shall be limited to the date of execution and registration, the names, addresses, and descriptions of the debtor and the parties to the deed, and a short statement of the nature and effect of the deed.

(2.) The Registrar shall, upon payment of fees in accordance with the scale of fees in the Third Schedule to these Rules, allow any person to search the Registers kept by him at any time during which he is required by the Rules for the time being to keep his office open, and to make the extracts permitted by the last preceding sub‑rule.

(3.) The Registrar shall, if required, causes an office copy to be made of any copy of a deed filed in his office, and shall mark and seal the office copy on payment of the prescribed fee.

Applications—how made.

373. Applications for extension of time for procuring the assent of creditors to a deed, or for filing the statutory declaration required, may be made ex parte and without affidavit, unless the Court in any case otherwise orders.

Notice of application.

374. The Registrar may direct notice of any application to be served on such person or persons as he thinks fit, but, in the absence of any special direction by him, the notice, together with copies of the affidavits in support, shall, be served, when the application is made by the trustee, on the debtor and any creditor or other person to be affected thereby, and, when made by the debtor, on the trustee and on any creditor or other person to be affected thereby, and, when made by a creditor, on the trustee and the debtor or other person affected.

Evidence.

375. The evidence to be used on the application shall, unless the Court otherwise, orders, be given by affidavit, but any opposite party may require, by notice in writing addressed to any deponent or his solicitor, the attendance of such deponent for cross‑examination.

Service of application to declare deed void.

376. Notice of any application to declare a deed void, or appoint another trustee, shall be served on the trustee named in the deed not less than eight days before the day appointed for the hearing.

Notice by new trustee or appointment.

377. Where a new trustee of a deed has been appointed he shall forthwith send to the Registrar a notice of his appointment, giving his full name and address, and showing how and when the appointment has been made, and the Registrar shall forthwith file the notice and, if in order, note the appointment on the deed and the filed copy thereof.

Notice to creditor of execution of deed, &c.

378. Notice under section 198 of the Act to a creditor of the execution of a deed and of the filing of the certificate of the assents of creditors thereto shall be sent by prepaid registered post addressed to the creditor at the address mentioned in the affidavit filed on the registration of the deed, and service shall be deemed to have been made on the day on which the notice was posted.

Part VII.—Functions of Officers.

Division 1.—Books to be kept and Returns to be made by the Registrar.

Books to be kept by Registrar.

379. The Registrar shall keep books in accordance with Forms 184, 185, 18 (Fourth Schedule) and 8 (Fifth Schedule), or as directed by the Inspector‑General, and the particulars given under the different heads in such books shall be entered forthwith after the proceedings are had and shall keep such other books as may be required.

Extracts and returns.

380. The Registrar shall make and transmit to the Inspector‑General such extracts from the books referred to in this Rule, and such information and returns as the Inspector‑General from time to time requires.

Inspector‑General may act as Registrar.

381. During the absence of any Registrar or during any vacancy in the office of Registrar the Inspector‑General may act as Registrar of any District.

Notice of registration.

382.—(1.) The Registrar shall forthwith upon the completion of the order, the filing of the chairman’s certificate, or the registration of the deed send notice in the prescribed form of every sequestration order, final order of discharge under section 119 or 124 of the Act, order of annulment, composition, scheme of arrangement or deed of assignment under Part XI, or deed of arrangement under Part XXI. of the Act to the Inspector‑General and to the Registrar of every other bankruptcy district, and to such other persons as the Inspector‑General from time to time directs.

(2.) The Registrar of each district shall keep a register of such notices in the manner directed by the Inspector‑General.

383.—(1.) The Registrar shall keep a book, in which he shall, upon the prescribed security being provided, enter the name, address, and description of every person who is directed by the Court to be registered as qualified to act as a trustee, with the date of the order so directing and the District in which the order was made, and the date of the entry.

(2.) The Registrar of each District shall, upon the prescribed security being provided, transmit by post to the Registrar of the Court of every other District, an office copy of every such order made by the Court of the District of which he is Registrar, and the date on which it was entered in his Register, and every Registrar on receiving the office copy shall forthwith enter in the register‑book kept by him the name, address, and description of the person therein named, with the date of the order, the District in which it was made, the date of the entry in the original Register and the date of the entry in his Register.

Cancellation of registration of trustee.

384. The Registrar of each district shall, on any order being made under the Act, for the cancellation of the registration of any such person, forthwith strike out the name of that person from the register‑book kept by him, and make entry therein of the date of the order; and the District in which it was made, and shall transmit by post to the Registrar of the Court of every other District an office copy of the order of cancellation, and every Registrar shall forthwith, on receiving the office copy order, strike out the name of that person from the register‑book kept by him, and make entry therein of the date of the order, and the District in which it was made, and the date of the entry.

Duties of Deputy Registrars.

385.—(1.) Subject to the direction of the Court or the Registrar, a Deputy Registrar shall—

(a) hold public sittings for the examination of any bankrupt;

(b) adjourn the same from time to time;

(d) appoint a time and place for the examination or further or adjourned examination; and

(2.) A Deputy Registrar shall, if so directed by the Attorney‑General, receive petitions and perform such duties in relation to the sequestration of estates and other matters as are required by the Court or the Registrar.

(3.) The powers, functions and duties of any Deputy Registrar holding office at the date of commencement of these Rules shall continue as if this Rule had not been made.

Division 2.—Official Receivers.

Fees payable to unsalaried Official Receiver.

386. Where an Official Receiver is remunerated by fees and commission only, he shall receive for his own use and benefit such remuneration as may be fixed by the creditors or the Court under section 133 of the Act and the fees numbered 2 to 8 inclusive as prescribed in Table B in the Third Schedule to these Rules.

Judicial notice of appointment of Official Receiver, &c.

387. Judicial notice shall be taken of the appointment of an Official Receiver or Deputy Official Receiver.

Appointment of deputy.

388. Where the Inspector‑General, under the powers given by section 13 of the Act, directs any person to act as deputy for, or in the place of an Official Receiver, the person so directed shall, during his tenure of office, have all the status, rights and powers, and be subject to all the liabilities of an Official Receiver.

Removal of Official Receiver.

389.—(1.) If an unsalaried Official Receiver is removed from his office, notice of removal shall be communicated, in writing, to the Registrar of the Court by the Inspector‑General.

(2.) Where an Official Receiver is removed, transferred, relieved, dies, or resigns, all estates, rights, and powers vested in him shall, without any conveyance or transfer, vest in such Official Receiver as is appointed in his stead.

Assignment of assets to Official Receivers.

390.—(1.) When there are two or more Official Receivers remunerated by fees and commission only pursuant to section 12 (3.) of the Act attached to the Court in a District the estates shall be assigned to them in rotation:

Provided that the Court may at any time order that an estate which has been assigned to one of the Official Receivers be transferred either permanently or for special purposes of administration to one of the other Official Receivers.

(2.) In that case the Registrar shall transfer the Receivership of that estate to the Official Receiver designated by the Court.

(3.) The order of transfer shall be in accordance with Form 188.

Where two Official Receivers in one district.

391. When there are two or more Official Receivers attached to the Court, any one of them shall (subject to any order of the Court) have power without transfer of the Receivership of an estate to take and perform any business and duties of any other Official Receiver.

Officers of Court and clerks of Official Receivers in certain cases to not for Official Receivers.

392. In the absence of the Official Receiver to whom an estate has been assigned, any officer of the Court, and any clerk of the Official Receiver duly authorized by him in writing, may by leave of the Court or Inspector‑General act on behalf of the Official Receiver, and take part for him in the public examination of the debtor, in any examination under section 80 of the Act, and on any unopposed application to the Court.

Duties as to debtor’s statement of affairs.

393.—(1.) As soon as the Official Receiver receives notice that he has been appointed to the Receivership of an estate upon a creditor’s petition, he shall furnish the debtor with a copy of instructions for the preparation of his statement of affairs.

(2.) The Official Receiver or some person deputed by him shall forthwith in every case hold a personal interview with the debtor for the purpose of investigating his affairs and determining whether the estate should be administered under section 154 of the Act.

(3.) It shall be the duty of the bankrupt to attend at such time and place as the Official Receiver appoints.

Power to Official Receiver to carry on business.

394. Subject to any order which the Court may make, the Official Receiver may carry on the business of the bankrupt until the conclusion of the first meeting of creditors.

Sentence allowance to debtor.

395.—(1.) Subject to any order which the Court may make, the Official Receiver, while in the possession of the property of a debtor, may make him such allowance out of his property for the support of himself and his family as is just.

(2.) In fixing the amount of the allowance the assistance rendered by the debtor in the management of his business or affairs may be taken into account.

Special Report as to person employed to assist debtor.

396. Wherever under the powers given by section 16 of the Act, the Official Receiver sanctions the employment of any person to assist the debtor in the preparation of his statement of affairs he shall forthwith report the matter in writing to the Registrar, giving reasons for his action therein and specifying the remuneration to be allowed to that person.

Use of proxies by deputy.

397. Where an Official Receiver who holds any proxy or proxies cannot conveniently attend any meeting of creditors, at which the proxy or proxies might be used, he may depute some person in his employment or under his official control, by writing under his hand, to attend the meeting and use the proxy or proxies on his behalf, and in such manner as he directs.

Personal performance of duties.

398. The Attorney‑General may, by general or special directions, determine what acts or duties shall be performed by the Official Receiver in person, and in what cases he may discharge his functions through the agency of his clerks or other persons in his regular employ, or under his official control.

Deputy Official Receivers.

399. An officer directed by the Inspector‑General to be the deputy of an Official Receiver shall be an officer of the Court, and subject to the directions of the Inspector‑General or the Court, may represent the Official Receiver in all proceedings in Court, or in any administrative or other matter.

Registrar to act in case of sudden emergency.

400. In any case of sudden emergency, where there is no Official Receiver capable of acting, any act or thing required or authorized to be done by an Official Receiver may be done by the Registrar or the Inspector‑General.

Removal of special manager.

401. When the Official Receiver appoints a special manager he may at any time remove him if his employment appears to be unnecessary or unprofitable to the estate, and he shall remove him, if so required, by a special resolution of the creditors.

Mode of application to court.

402. Applications by the Official Receiver to the Court may be made personally, and without notice or other formality; but the Court may in any case order that an application be renewed in a formal manner, and that such notice thereof, as the Court directs, be given to any person likely to be affected thereby.

Evidence on application by Official Receivers.

403. Where for the purposes of any application to the Court by the Official Receiver for directions, or for leave to disclaim a lease, or for an extension of time to apply for leave to disclaim a lease, or for an order to take criminal proceedings against a bankrupt, or to commit a bankrupt, it is necessary that evidence be given by him in support of the application, the evidence may be given by a report of the Official Receiver to the Court and not by affidavit, and any such report of the Official Receiver to the Court shall be received by the Court as prima facie evidence of the matters reported upon.

Application for directions.

404. In any case of doubt or difficulty or in any matter not provided for by the Act or these Rules relating to any proceeding in Court the Official Receiver may apply to the Court for directions.

Duties where no assets.

405. Where a debtor against whom a sequestration order has been made has no available assets, the Official Receiver shall not be required to incur any expense in relation to his estate without an order of the Court.

Accounting by Official Receiver.

406.—(1.) Where a composition or scheme is sanctioned by the Court the Official Receiver shall account to the debtor or the trustee as the case may be, under the composition or scheme.

(2.) Where a trustee in bankruptcy is appointed, the Official Receiver shall account to the trustee.

(3.) If the debtor, or, as the case may be, the trustee, is dissatisfied with the account or any part thereof, he may report the matter to the Court, which shall take such action (if any) thereon as it deems expedient.

(4.) The Official Receiver shall pay any moneys received by him into a general account, to be called “Official Receiver’s Estates Account” at the Commonwealth Bank or at such other bank as is approved by the Treasurer.

Parts VIII and IX. not to apply to Official Receivers.

407. The provisions of Parts VIII. and IX. of these Rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall, in the absence of any provision in the Treasury Regulations made under the Audit Act 1901‑1926 as to how he shall account, account in such manner as the Inspector‑General from time to time directs.

Bankrupt to furnish statements annually.

408. The Official Receiver shall at least once in every year after the first year of adjudication require any undischarged bankrupt to furnish a statement verified by affidavit of his income during the previous twelve months and such other information as the Official Receiver considers necessary.

Trading accounts of debtor.

409.—(1.) The debtor shall, on the request of the Official Receiver, furnish him with trading and profit and loss accounts, and a cash and goods account for such period not exceeding two years prior to the date of the sequestration order as the Official Receiver specifies:

Provided that the debtor shall, if ordered by the Court so to do, furnish such accounts as the court orders for any longer period.

(2.) If the debtor fails to comply with the requirements of this Rule the Official Receiver shall report the failure to the Court, and the Court shall take such action on the report as the Court thinks fit.

Liability for costs, expense and damages.

410. The following provisions shall apply to every case in which proceedings are taken either by action, motion, or in any other manner, against any Official Receiver in respect of anything done or default made by him, when acting, or in the bona fide and reasonable belief that he is acting, in pursuance of the Act and these Rules, or in execution of the powers given to Official Receivers by the Act and these Rules:—

(a) Subject to the provisions of the next succeeding paragraph, the costs, damages and expenses which the Official Receiver may be required to pay, or to which he may be put under the proceedings, shall be paid out of the estate of the debtor;

(b) The Official Receiver shall, in his discretion, determine whether or not any of the proceedings shall be resisted or defended;

(c) The Official Receiver shall, if necessary, apply to the Court for any reasonable adjournment of any motion, or other summary proceedings before a Court having jurisdiction in bankruptcy, pending the determination of the Official Receiver upon the question whether the motion or proceedings should be resisted or defended; and the Court may grant an adjournment upon such terms as it thinks fit;

(d) If the proceedings are commenced before the appointment of a trustee by the creditors, or before the approval of a composition or scheme, the Official Receiver may, before putting the trustee appointed by the creditors, or, in the case of a composition or scheme, the debtor himself into possession of the debtor’s property, retain the whole or some part of the debtor’s estate, to meet the damages, costs or expenses which the Official Receiver may be required to pay or bear in consequence of the proceedings; and

(e) If such proceedings are commenced after the appointment of a trustee by the creditors, or after the approval of a composition or scheme, the Official Receiver shall forthwith give notice of the proceedings to the trustee, or other person in whom the estate of the debtor may be vested (including where necessary the debtor himself), and the estate of the debtor shall, as from the date of the notice, be deemed to be charged with the payments of the damages, costs and expenses.

Part VIII.—Trustees and Special Managers.

Application to Court for registration.

411. An application by a person to the Court, under sub‑section (1.) of section 126 of the Act, to be registered as qualified to act as a trustee shall be made by motion.

Application to be advertised. &c.

412. No order under sub‑section (2.) of section 126 of the Act, that any person shall be registered as qualified to act as a trustee shall be made except after the expiration of fourteen days after the publication of an advertisement by the applicant or some solicitor on his behalf in the Commonwealth Gazette and in such local paper or papers as the Registrar directs, and after the giving of notice in writing by him or some solicitor on his behalf to the Official Receiver of the district in which the application is to be made of his intention to apply to be so registered.

Where to be made.

413. Every such application shall be made to the Court of the district in which the applicant resides.

Evidence of experience

414.—(1.) Every such application shall be supported by an affidavit by the applicant setting forth his educational qualifications and experience in winding up estates or companies, together with at least two affidavits by persons of standing in the commercial community as to the character and commercial experience of the applicant.

(2.) The applicant shall attend the Official Receiver when required and shall produce to that officer evidence of his accountancy experience and such other information as the Official Receiver may require.

(3.) The Official Receiver shall report to the Court the result of his inquiries and shall state whether in his opinion the applicant is a suitable person for registration. Such report of the Official Receiver shall be confidential and shall not be available for inspection unless the Court so directs.

Opposition.

415. The Official Receiver or any person may, without notice to the applicant, oppose the application.

Application to cancel registration.

416. An application to cancel any such registration may be made to the Court at any time by the Official Receiver or any creditor or person.

Bond to be entered into by trustee.

417. The bond to be entered into by the applicant in pursuance of sub‑section (2.) of section 126 of the Act shall be in accordance with Form 91.

Form of security.

418. Security by an applicant under section 126 of the Act if he shall be registered as qualified to act as trustee may be given by the bond in accordance with Form 91a in the sum of Two thousand pounds of two sureties approved by the Registrar of the Court to which the application is made, or of an incorporated company or guarantee society approved by the Inspector‑General, or by the deposit with the Registrar of cash or Treasury bonds to the value of Two thousand pounds.

Sufficiency of sureties, etc.

419.—(1.) The sureties shall make an affidavit of their sufficiency in accordance with Form 20, and at the expiration of each succeeding period of six months thereafter shall furnish affidavits of sufficiency to the Registrar who may at any time require them or either of them to attend before him for examination and they shall attend accordingly.

(2) If the Registrar at any time is of opinion that the sureties are insufficient he may require the trustee to provide further or other approved sureties within a specified period.

(3.) If a surety dies or desires to be relieved from his obligation, the Registrar upon being notified thereof may call upon the trustee to furnish other security within a specified period.

(4.) If the Inspector‑General at any time has reason to believe that the security of any incorporated company or guarantee society is insufficient, he may without assigning any reason therefor require the trustee to furnish some other security within a specified period.

(5.) An incorporated company or guarantee society which has given a bond in respect of any trustee may give not less than three months’ notice to the Registrar and trustee of its desire that its liability in respect of any further acts or defaults of the trustee shall cease on and after a certain date. Upon receipt of such notice, the Registrar shall require the trustee to furnish fresh security on or before a date specified by the Registrar.

(6.) A trustee may change his security with the sanction of the Registrar.

(7.) The Court or the Registrar may cancel or determine or agree to the cancellation and determination of any bond of an incorporated company or guarantee society already given or hereafter to be given in respect of the registration of any person as qualified to act as a trustee under section 126 of the Act save and except as to any loss or damage occasioned by any act or default of the trustee in relation to his duties as such trustee previous to such cancellation and determination.

Bond to enure for benefit of Registrar.

420. A bond entered into pursuant to Rule 417 or 418 shall enure for the benefit of the Registrar for the time being of the Court to which the application is made or his assigns.

Attestation.

421.—(1.) The bond shall be executed in the presence of the Registrar or before a person authorized under the law of the Commonwealth or a State or Territory to take affidavits, not being the solicitor or clerk of the solicitor of the trustee.

(2.) In all cases where security is given, the bond shall be deposited with the Registrar.

Failure to comply with requisitions.

422. If a trustee fails within the specified time to comply with, any requisition of the Court, the Inspector‑General or the Registrar, in respect of sureties or security, the Court may forthwith remove him from office and cancel his registration.

Assignment of bond on breach.

423. The Court, on the application of the Registrar for whose benefit a bond in pursuance of Rule 417 or 418 enures, on being satisfied that the condition of the bond has been broken, may order the Registrar to assign the bond to some person to be named in the order and that person, his executors or administrators shall thereupon become entitled to sue upon the bond in his own name as if the bond originally had been given to him, and shall be entitled to recover the full amount recoverable in respect of any breach of a condition of the bond and—

(a) to pay into the Consolidated Revenue Fund of the Commonwealth any amount recovered in respect of the breach of condition of the bond that a surety or sureties will pay within forty‑two days after the making of a demand therefor any amount expended by the Commonwealth in ascertaining the loss sustained by an estate; and

(b) otherwise to hold as trustee for all persons interested the amount recovered in respect of any breach of a condition of the bond and on the appointment of a trustee under the Act for any such persons to transfer to that trustee the amount held by him as trustee for them.

Production of bond to entitle person using to judgment.

424.—(1.) Whenever a bond in accordance with Form 91a is put in suit by a person entitled to sue thereon, he may assign a breach or as many breaches as he thinks fit and the production of the bond without further proof shall entitle him to judgment for the full amount of the penalty fixed by the bond against the persons appearing to have executed it unless the defendant shall prove compliance with the conditions or that the bond was not executed by him or release and satisfaction, but the person, may only recover by execution the amount of the damages sustained by the breach or breaches assigned which he proves have been broken and the judgment shall remain as a further security to answer for such damages as are sustained by any further breach.

(2.) When and so often as the surety shall pay into the Registrar or his assigns any sum of money found or agreed to be payable under the said bond, the total amount recoverable under the said bond of the surety shall thereupon, be reduced by the amount of such payment or payments even though the said bond of the surety shall not have been put in suit.

Registrar’s certificate to be prima facie evidence of facts stated therein.

425. In any action upon a bond in accordance with Form 91a, a certificate in writing purporting to be signed by the Registrar certifying all or any of the following matters, namely—

(a) that the trustee in respect of whom the bond is given has failed to account for, apply, transfer or deliver up a sum of money stated therein or property of the value stated therein which had come into his hands or for which he was chargeable or accountable by virtue of his office or in consequence of his appointment as trustee;

(b) that the trustee has been ordered to make good to any estate an amount stated therein;

(c) that an amount stated therein has been expended by the Commonwealth in ascertaining the amount of any loss that has been sustained in consequence of neglect, failure or omission by the trustee, faithfully to account for, apply, pay, transfer or deliver up money which has come to his hands or for which he is chargeable; and

(d) that a demand was made by the Registrar upon any subscriber to the bond for payment of an amount stated therein and that such demand was not complied with or was only complied with to the extent stated in the certificate,

shall be prima facie evidence of the facts stated in the certificate.

Deposit of cash or Treasury bonds.

426. Cash or Treasury bonds deposited as security pursuant to Rule 418 shall be held and received on the following conditions:—

(a) The cash or Treasury bonds shall be deposited with the Registrar of the Court to which the application is made;

(b) Whenever and so often as the trustee by whom the cash or Treasury bonds are deposited shall fail, neglect or omit faithfully to account for, apply, transfer or deliver up any money or property which shall come to his hands or into his possession, or for which he shall be chargeable or accountable by virtue of his office, or in consequence of his appointment to the office of trustee, the Registrar with whom the cash or bonds are deposited may appropriate so much of the deposit as shall be sufficient to enable him to stand possessed of all or any of the following amounts:—

(i) the money the trustee has so failed to account for, apply, pay, transfer or deliver up;

(ii) the value of the property the trustee has so failed to account for, apply, pay, transfer or deliver up;

(iii) any other amount which the trustee is ordered to make good to any estate in consequence of such failure, neglect or omission; and

(iv) any amount expended by the Commonwealth in ascertaining the loss sustained by any estate in consequence of such failure, neglect or omission,

and the Registrar shall hold amounts so appropriated under sub‑paragraphs (i), (ii) or (iii) of this paragraph for the persons interested until a trustee for them shall be appointed when he shall pay such amounts to that trustee and shall pay amounts so appropriated under sub-paragraph (iv) of this paragraph into the Consolidated Revenue Fund of the Commonwealth;

(c) Whenever the right to appropriate a deposit arises under this Rule the Registrar may if the deposit or any part thereof consists of Treasury bonds, dispose of the bonds by auction, private sale or otherwise as he deems most favourable to the depositor, and the net proceeds of the disposition shall for all purposes of this Rule be deemed to have been a deposit of cash and may be appropriated wholly or partly accordingly;

(d) Cash lodged as a deposit may be deposited in a Commonwealth Savings Bank in an account in the name of the Registrar with whom the deposit is lodged;

(e) When interest becomes due in respect of any cash or Treasury bonds lodged as a deposit the Registrar with whom the deposit is lodged may pay that interest to the person who lodged the deposit;

(f) If any deposited Treasury bonds are not payable to bearer at the time of deposit the person making the deposit shall lodge with the Registrar duly executed transfers or assignments of the bonds in such form as will enable the Registrar effectually to dispose of the bonds; and

(g) Where a person has deposited cash or Treasury bonds the Registrar with whom the deposit is lodged, if he is satisfied that the security effected by the deposit has been

discharged or is no longer required, shall deliver or pay to the person who made the deposit, his authorized agent or his personal representative, as the case requires—

(i) any bonds so deposited which have not been disposed of pursuant to this Rule; and

(ii) the balance of any cash held under the security after the deduction of any amounts authorized to be appropriated from the deposit.

Court may appoint person to determine amount of loss.

427. The Court may, when making the order referred to in Rule 423, appoint a person or persons to determine what amount is recoverable in respect of any breach of the condition of the bond, and the determination of such person or persons shall be final except as to questions of law.

Notice of registration as trustee.

428.—(1.) The certificate of registration of a person as qualified to act as a trustee shall be in accordance with Form 92, and notification of the issue thereof shall be sent by the Registrar to the Official Receiver.

(2.) The trustee shall forthwith publish notice of his registration in the Commonwealth Gazette and in a local paper. The expense of the publication in the Commonwealth Gazette and in a local paper shall be borne by the trustee.

(3.) Upon the cancellation of the registration of any person that person shall forthwith return the Certificate of Registration to the Registrar.

Notice of appointment of trustee as trustee of an estate.

429.—(1.) When a trustee is appointed by the creditors as trustee of an estate, he shall be notified thereof by the Official Receiver, and upon the trustee notifying his acceptance of the appointment, a certificate of the appointment shall be issued by the Registrar.

(2.) The certificate certifying the appointment shall be in accordance with Form 94.

(3.) If the trustee does not notify his acceptance of the appointment within ten days from the date of the Official Receiver’s notification, he shall be deemed to have declined the appointment, and the Official Receiver shall take action to convene a meeting of creditors forthwith unless the resolution of creditors shall have made provision for the contingency.

Objection to appointment of trustee.

430.—(1.) Where one‑sixth in value of the creditors object to the appointment of a trustee the objection may be lodged with the Court in accordance with Form 95, and shall set forth the grounds of the objection.

(2.) On receipt of the objection the Registrar shall fix a time for the hearing of the matter.

(3.) The Registrar may lodge the objection in the form of a report to the Court, and the Court may thereupon give such direction as it deems fit.

(4.) At the hearing the person objected to and every creditor and the Official Receiver shall be entitled to be heard. The grounds of the objection may be proved by affidavit or in such other manner as the Court directs.

Official name of trustee.

431. The official name of a trustee shall be “The trustee of the property of ,” “a bankrupt” or “a debtor” (inserting the name of the bankrupt or debtor, as the case may be).

Trustee not accounting.

432. It shall be a sufficient objection to the appointment of a trustee that he has not complied with the requirements of the Act or these Rules, or of any order of the Court made thereunder in respect of any matter as to which he was under an obligation to comply, or that he has been removed under section 153 of the Act from the office of trustee, or has failed or neglected, without good cause shown by him, to render his accounts for audit for two months after the date by which they should have been rendered and the default continues at the time of the appointment.

Limits of trustee’s commission.

433. Where the creditors resolve that the remuneration of the trustee shall be in the nature of a commission on the amount realized or brought to credit or in respect of the collection of book debts by the trustee such commission shall be fixed within the limits prescribed in the Sixth Schedule to these Rules.

Notice of removal of trustee.

434. A notice under section 153 of the Act relating to the removal of a trustee shall be in accordance with Form 96, and shall be signed by the Official Receiver, and served on the trustee.

Removal for failing to keep up security.

435. Where a trustee or special manager has given security in the prescribed manner, but fails to keep up the security, or, if called upon to do so to increase the security, the Court may remove him from his office.

Removal by Court.

436. Where a trustee is removed by the Court, the Registrar shall at once give written notice of the order removing him to the Official Receiver, and shall cause a notice of the order to be published in the Commonwealth Gazette.

Notice of registration.

437. A trustee intending to resign his office shall call a meeting of creditors to consider whether his resignation shall be accepted or not, and shall give not less than seven days’ notice of the meeting to the Official Receiver.

Trustee carrying on business.

438.—(1.) Where the trustee carries on the business of a debtor, he shall keep a distinct account of the trading, and shall incorporate in the cash book the total weekly amount of the receipts and payments on that trading account.

(2.) Particulars of the trading may be shown in the copy of cash book furnished under sub‑rule (1.) of rule 457 by means of additional columns provided the conditions specified in the last preceding sub‑rule are observed.

(3.) For the purpose of carrying on the business the trustee may make payments by coin instead of by cheque.

Credit sales and collection and meaning of “Book Debts.”

439.—(1.) Where a trustee carries on the business of the debtor and in the course thereof sells goods on credit to a customer who was at the date of the bankruptcy indebted to the bankrupt or debtor all moneys received by the trustee from such customer shall be deemed to be in respect of the credit sales until the amounts due in respect thereof have been satisfied.

(2.) Where a trustee employs a solicitor (except for the purpose of issuing a legal process), agent, or other person at the expense of the estate to collect book debts, the trustee shall not be entitled to claim or retain in respect of such book debts the additional remuneration fixed in pursuance of sub‑section (4.) of section 133 of the Act.

(3.) Where a trustee is interested in a partnership or company, he shall not make any payment or allowance from the estate to such partnership or company in respect of the collection of book debts by such partnership or company.

(4.) “Book Debts” means any debt owing at the date of sequestration, assignment, or other bankruptcy proceeding to the debtor whether entered in any book or not but does not include any debt owing in respect of any mortgage, lien, fire insurance policy, bond or contract for sale of real property nor any debt for which a promissory note or acceptance has been given and has not been dishonoured.

Applications for release.

440.—(1.) If a trustee desires to make an application to the Court for his release he shall give not less than one month’s notice of his intention so to do in accordance with Form 128 to all creditors of the debtor who have proved their debts, the Official Receiver, and to the debtor, and shall send with the notice a summary in accordance with Form 114 of his Receipts and payments as trustee:

Provided that where the application is made upon the trustee ceasing to act by reason of a composition having been approved under the Act, the notice and summary shall be sent to the Official Receiver and the debtor only.

(2.) The Official Receiver, the debtor, or any creditor who has proved his debt may, within twenty‑one days after the receipt of the notice specified in the last preceding sub‑rule, notify to the Registrar in writing any objection which he has to the granting of the release.

Gazetting of release.

441. Where the Court has granted to a trustee his release a notice of the order granting the release shall be published by him in the Commonwealth Gazette.

Delivery of books, &c., on release of trustee.

442. The release of a trustee shall not take effect unless and until he has delivered over to the Official Receiver all the books, papers, documents and accounts which by these Rules he is required to deliver over on his release.

Meeting to consider conduct of trustee.

443. Where one‑sixth in value of the creditors desire that a general meeting of the creditors be summoned to consider the propriety of removing the trustee, the meeting may be summoned by the Official Receiver on the deposit of a sum sufficient to defray the expenses of summoning the meeting.

Application for directions.

444.—(1.) Where a trustee desires to apply to the Court for directions in any matter, he may file an application in accordance with Form 113.

(2.) The Court may then hear the application, or fix a day for hearing it, and direct the trustee to apply by motion.

Creditor may obtain copy of accounts.

445. Any creditor who has proved his debt may apply to the trustee for a copy of the accounts (or any part thereof) relating to the estate as shown by the cash book up to date, and on paying for it at the rate of Threepence per folio he shall be entitled to have the copy accordingly.

Statement of accounts to be furnished to creditors.

446. Where in pursuance of section 143 of the Act the trustee is required to transmit to creditors a statement of the accounts, the statement shall be in accordance with Form 126, and the cost of furnishing and transmitting the statement shall be calculated at the rate of Threepence per folio for each statement where the creditors do not exceed ten, and One shilling per folio, where the creditors exceed ten, for the preparation of the statement and the actual cost of printing.

Dealing with estate.

447.—(1.) No trustee of an estate shall, while acting as trustee, except by leave of the Court, either directly or indirectly, by himself or any partner, clerk, agent, or servant, become purchaser of any part of the estate.

(2.) Any such purchase made contrary to the provisions of this Rule may be set aside by the Court on application of the Official Receiver, any creditor or the debtor.

Trustee not be purchase from his employer or partner without Court’s sanction.

448.—(1.) Where the trustee carries on the business of the debtor, he shall not without the express, sanction of the Court purchase goods for the carrying on of the business from his employer (if any), or from any person whose connexion with the trustee is of such a nature as would result in the trustee obtaining any portion of the profit (if any) arising out of the transaction.

(2.) In any case in which the sanction of the Court is obtained under this Rule, the cost of obtaining the sanction shall be borne by the person in whose interest the sanction is obtained and shall not be payable out of the debtor’s estate.

Discharge of costs, &c., before estate handed over to trustee.

449.—(1.) Where in a sequestration a trustee is appointed, the Official Receiver shall forthwith put the trustee into possession of all property of the bankrupt of which the Official Receiver is possessed, provided that the trustee has, before the estate is handed over to him by the Official Receiver, discharged any balance due to the Official Receiver on account of fees, costs, and charges properly incurred by him and payable under the Act, and on account of all advances properly made by him in respect of the estate, together with, interest on the advances at the rate of Four pounds per centum per annum, and has discharged or undertaken to discharge all guarantees which have been properly given by the Official Receiver for the benefit of the estate; and the trustee shall pay all fees, costs, and charges of the Official Receiver which have not been discharged by the trustee before being put into possession of the property of the bankrupt, and whether incurred before or after he has been put into possession of the property.

(2.) The Official Receiver shall be deemed to have a lien upon the estate until the balance has been paid, and the guarantees and other liabilities have been discharged.

(3.) The Official Receiver shall, if so requested by the trustee, communicate to the trustee all such information respecting the bankrupt and his estate and affairs as is necessary or conducive to the due discharge of the duties of the trustee.

Meeting of creditors to consider conduct of trustee.

450. Where the Court is of opinion that any act or omission of a trustee should be brought to the notice of the creditors, for this purpose of being reviewed or otherwise, the Registrar or the

Official Receiver may summon a meeting of creditors accordingly, and the expense of summoning the meeting shall be paid by the trustee out of any available assets under his control.

Special manager’s accounts.

451. Every special manager in a sequestration shall account to the Official Receiver, and the special manager’s accounts shall be verified by affidavit in accordance with Form 127, and, when approved by the Official Receiver, the totals of the receipts and payments shall be added to the Official Receiver’s accounts.

Standing security.

452. In the case of a special manager the following rules as to security shall be observed, namely:—

(a) The security shall be given to the Registrar and in such manner as the Registrar requires;

(b) It shall not be necessary that security shall be given in each separate matter; but security may be given either specially in a particular matter or generally to be available for any matter in which the person giving security may be appointed special manager;

(c) The Registrar shall fix the amount and nature of the security, and may from time to time, as he thinks fit, either increase or diminish the amount of special or general security which any person has given; and

(d) Security of any incorporated company or guarantee society approved by the Registrar may be given in lieu of any other form of security.

Part IX.—Accounts and Audit.

Record book.

453. The Official Receiver, until a trustee is appointed, and thereafter the trustee shall keep a book to be called the “Record Book,” in which he shall record all minutes, all proceedings had, and resolutions passed at any meetings of creditors, and all such matters as are necessary to give a correct view of his administration of the estate, but he shall not be bound to insert in the record any document of a confidential nature (such as the opinion of counsel on any matter affecting the interest of the creditors), nor need he exhibit the document to any person other than the Official Receiver or a member of the committee of inspection.

Cash book.

454. The Official Receiver, until a trustee is appointed, and thereafter the trustee, and the trustee under any composition, scheme of arrangement, deed of assignment or deed of arrangement under the Act, shall keep a book to be called the “Cash Book” (which shall be in accordance with Form 121), in which he shall (subject to the provisions of these Rules as to trading accounts) enter from day to day the receipts and payments made by him.

Books to be submitted to Official Receiver or Registrar.

455. The trustee shall submit the Record Book and Cash Book, together with any other requisite books and vouchers, to the Official Receiver or Registrar when required.

Reports.

456. Every trustee shall at the expiration of six months from the date of the sequestration order and at the expiration of every succeeding twelve months thereafter until his release from furnishing periodical accounts by the Registrar, transmit to the Registrar a report as to the Debtor’s conduct and affairs.

Accounting periods.

457.—(1.) Every trustee shall, at the expiration of six months from the date of the “administration”, as defined in section 88a of the Act, and at the expiration of every succeeding six months thereafter until released from furnishing periodical accounts by the Registrar, forthwith transmit to the Registrar a verified copy of the Cash Book for that period, and, if so requested by the Registrar, the necessary vouchers and explanations.

Statement of acclaimed dividends, &c., to be filed.

(2.) A trustee of an estate, when furnishing the verified copy of any cash book, shall include in his affidavit of verification reference to a statement showing the amount of any unclaimed dividends in the estate with the dates on which such dividends became payable, together with the amounts of any unclaimed or undistributed moneys paid into the Bankruptcy Estates Account.

(3.) The trustee shall also forward with the first accounts a summary of the debtor’s statement of affairs, showing thereon the amounts realized, and explaining the cause of the non‑realization of such assets as are unrealized.

(4.) Any accounts or books of a trustee which the Registrar is required to cause to be audited shall be audited by the Auditor‑General for the Commonwealth.

(5.) When the estate has been fully realized and distributed, or if the sequestration, composition, scheme or deed is annulled or voided, the trustee shall forthwith send in his accounts to the Registrar, although the period of six months has not expired.

(6.) The accounts sent in by the trustee shall be certified and verified by him in accordance with Form 122.

Certificate of audit.

458.—(1.) When the trustee’s account has been audited, the person appointed to make the audit or the Registrar shall certify that the account has been duly passed, and thereupon the duplicate copy of the Cash Book bearing such certificate shall be filed by the Registrar with the proceedings and the trustee notified accordingly,

(2.) Where the Registrar is of opinion that an audit of an account is not immediately necessary he may file the account with the proceedings without notification to the trustee.

459.—(1.) Where it appears to the Registrar that there has been any misfeasance, neglect, or omission on the part of the trustee, or any creditor submits a complaint in writing; the Registrar may call the trustee to account therefor or furnish an explanation, and may require him to make good any loss the estate has sustained thereby. If the trustee fails to comply forthwith with such requisition or the Registrar is not satisfied with the account or explanation he shall report the matter to the Court.

(2.) The report of the Registrar under sub‑rule (1.) of this Rule shall be prima facie evidence of the matters contained therein.

(3.) The report shall be presented to the Court by the Official Receiver who shall take such part and give such assistance in the matter as the Court or the Attorney‑General requires or directs.

Affidavit of no receipts.

460. Where a trustee has not, since the date of his appointment or since the last accounting, date, as the case may be, received or paid any sum of money on account of the debtor’s estate, he shall, at the period when he is required to transmit his estate account to the

Registrar, forward to the Registrar an affidavit of no receipts or payments, together with a report setting forth the reasons why there have been no receipts or payments.

Proceedings on resignation, &c., of trustee.

461. Upon a trustee resigning, or being released or removed from his office, he shall deliver over to the Official Receiver, or, as the case may be, to the new trustee, all books kept by him, and all other books, documents, papers and accounts in his possession, relating to the office of trustee.

Joint and separate estate.

462. Where the estates of a partnership are being administered, distinct accounts shall be kept of the joint estate and of the separate estate or estates, and no transfer of a surplus from a separate estate to the joint estate on the ground that there are no creditors under the separate estate shall be made until notice of the intention to make the transfer has been published in the Commonwealth Gazette or a local newspaper.

Disposal of debtor’s books and papers.

463. The Court may, on the application of the Official Receiver or the trustee, order that the debtor’s books of account and other documents given up by him may be destroyed or otherwise disposed of.

Disposal of vouchers, &c.

464. Not less than twelve months after the final account of any trustee in an estate has been filed the Registrar may cause the vouchers and other documents furnished in support of the trustee’s accounts to be either returned to the trustee or destroyed.

Expenses of seals.

465.—(1.) Where property forming part of a debtor’s estate is sold by the trustee through an auctioneer or other agent, the gross proceeds of the sale shall be paid over by the auctioneer or agent, and the charges and expenses connected with the sale shall afterwards be paid to the auctioneer or agent on the production of the necessary certificate of the Registrar.

(2.) Every trustee, by whom the auctioneer or agent is employed, shall be accountable for the proceeds of every such sale unless the Court otherwise orders.

Allowance to debtor.

466. In any case in which, under the provisions of paragraph (i) of section 107 of the Act, a trustee makes an allowance to a debtor out of his properly, the allowance, unless the creditors by special resolution determine otherwise, shall be in money, and the amount allowed shall be duly entered in the trustee’s accounts.

Part X.—Miscellaneous.

Unclaimed dividends or moneys.

467.—(1.) The account at the Treasury into which the trustee shall pay moneys in pursuance of section 208 of the Act shall be the Trust Account called “The Bankruptcy Estates Account.”

(2.) Where in any estate there remains, after payment of the costs of administration of the estate, a balance which is too small to warrant the expenses of distribution by way of dividend the trustee or Official Receiver may pay such balance into the Bankruptcy Estates Account although a final dividend has not been declared.

(3.) Any person whose duty it is to pay any unclaimed funds, unclaimed dividends or any undistributed moneys into the Bankruptcy Estates Account shall, at the time of payment thereof to the Treasury, furnish a statement showing:—

(a) the name and address of the trustee;

(b) the name of the debtor and the number of the estate;

(d) the name and description of the person making the payment,

and shall thereafter forward a duplicate copy of such statement to the Registrar, who shall record the particulars thereof in a book specially kept for the purpose, to be styled “Bankruptcy Estates Account Record”.

Withdrawal of dividends when claimed.

468.—(1.) An application, under section 208 of the Act, for payment out of the Bankruptcy Estates Account of any unclaimed dividend to which any person claims to be entitled, shall be made in such form and manner as the Court from time to time directs and shall (unless the Court dispenses therewith) be supported by the affidavit of the claimant. The Registrar shall certify on the application that the amount so claimed has been paid to the Bankruptcy Estates Account and no previous application has been made for payment and shall at the same time record the application in his “Bankruptcy Estates Account Record” book.

(2.) An application by an Official Receiver or trustee for payment out of the Bankruptcy Estates Account of any amount which he has paid thereto as unclaimed or undistributed moneys shall be made in writing, setting forth the reason for the withdrawal, to the Registrar who upon being satisfied that the payment should be made to the applicant, shall certify thereto and such certificate shall be an authority to the Treasury to make the payment out to the Official Receiver or trustee.

Accounts by trustee under Act of unclaimed funds.

469. For the purposes of section 208 of the Act, the Court may at any time order the trustee under any sequestration, composition, scheme, assignment or deed of arrangement to submit to the Court an account verified by affidavit of the sums received and paid by him under or in pursuance of any such sequestration, composition, scheme, assignment or deed of arrangement, and may direct and enforce an audit of the account, and payment of any unclaimed or undistributed moneys arising from the property of the debtor in the hands or under the control of the trustee into the Bankruptcy Estates Account in accordance with the terms of the section.

Gazetting notices.

470. The costs of all notices which the Official Receiver is required by the Act or these Rules or directed by the Court to publish in the Commonwealth Gazette and local newspapers may, subject to any order of the Court to the contrary, be paid out of the estate concerned.

Re‑gazetting.

471. Where any sequestration order is amended, and also in any case in which any matter which has been published in the Commonwealth Gazette has been amended or altered, or in which a matter has been wrongly or inaccurately published in the Commonwealth Gazette, the Official Receiver shall republish the order or matter in the Commonwealth Gazette, with the necessary amendments and alterations.

Hours of Registrar’s and Official Receiver’s offices.

472. Subject to the Commonwealth Public Service Act 1922‑1933, the offices of the Registrar and Official Receiver shall be kept open daily throughout the year from ten o’clock to one o’clock and two o’clock to four o’clock except on Saturdays, Sundays, and Court holidays.

Description of Court on seal.

473. The seal to be used by any Court having jurisdiction in bankruptcy under the Act shall describe the Court as “The Court of Bankruptcy,” and the name of the District shall be added thereto.

Memorandum of trustee of Official Receiver Claiming property.

474.—(1.) The time within which the Official Receiver or trustee may file a memorandum in accordance with sub‑section (5.) of section 98 of the Act shall be one month after the receipt of the notice given is pursuance of sub‑section (4.) of that section.

(2.) The memorandum shall be in accordance with Form 191.

(3.) The notice of withdrawal of any such memorandum shall be in accordance with Form 192.

Payment into revenue of fee for notice under 98 (4) of Act.

475. The fee payable on giving notice to the Official Receiver or trustee under sub‑section (4.) of section 98 of the Act shall be Two shillings and shall be paid into the Consolidated Revenue Fund.

Fee for list of creditors.

476. The fee payable under section 142 of the Act for a list of creditors furnished by the trustee shall be Threepence per folio of seventy‑two words together with the cost of postage and shall be paid to the trustee for his own use.

Application to petitioning creditors to give up security.

477. Where the petitioning creditor is a secured creditor, the application by the trustee or Official Receiver for the creditor to give up his security to the trustee or Official Receiver for the benefit of the creditors may be made within three months after the making of the sequestration order.

Searches and extracts.

478. Any person, on payment of the fee prescribed in Table A of the Scale of Fees and Percentages in the Third Schedule to these Rules, may, subject to the limitation imposed by section 205 of the Act and to these Rules, search the records, except of Bankruptcy Notices, prepared under the Act and make extracts therefrom.

Searches by Government departments.

479.—(1.) Any Department of a State Government which, prior to the commencement of the Act, was permitted to search, without charge, State records (now in the custody of the Bankruptcy Administration) may make searches of such State records without charge.

(2.) Members of the public who desire to search State bankruptcy records (now in the custody of the Bankruptcy Administration) shall be charged fees in accordance with the prescribed scale and such fees shall be credited to the Commonwealth Public Account.

(3.) Any Department of a State Government which searches records under the Act shall be charged fees in accordance with the prescribed scale.

(4.) Any Department of the Commonwealth may make searches, without charge, of Commonwealth bankruptcy records and of State bankruptcy records in the custody of the Bankruptcy Administration. A record of any such searches shall be kept.

Fees, how payable.

480. Any fees payable under these Rules may be remitted by post, and may be so remitted in any manner, except by means of stamps or uncertified cheques.

THE SCHEDULES.

————

THE FIRST SCHEDULE.

Forms.

No. 1.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

General Title.

In the Court of Bankruptcy

District of

No. of 19 .

Re [James Brown].

[Ex parte (here insert “the Debtor,” or “J.S., a creditor,” or “the Official Receiver,” or “the Trustee”].

————

No. 2.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Declaration of Inability to Pay.

(Title.)

(a) Insert full name and description of debtor.

I, A.B., (a) , residing at , in the State of [and carrying on business at in the State of ], hereby declare that I am unable to pay my debts.

Dated the day of 19 .

(Signature)

A.B.

Signed by the debtor in my presence.

Signature of witness.

Address.

Description.

Filed the day of 19

Note.—Where the debtor resides at a place other than his place of business both addresses should be inserted.

————

No. 3.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Debtor’s Petition.

(Title.)

(a) Insert full name and description at debtor.

(b) Insert the other address or address at which unsatisfied debts or facilities may have been inserted.

(d) Here state date and time presented to Registrar or Deputy Registrar.

I, (a) at present residing at lately residing at and carrying on business at (b) being unable to pay my debts, hereby petition the Court that a sequestration order be made in respect of my estate.

A Statement of my affairs duly verified by affidavit is annexed hereto and I will furnish to the Official Receiver forthwith a copy of such statement.

Dated this day of , 19 .

(Signature)

Signed by the debtor in my presence.

Signature of witness. (c)

Address,

Description.

Presented this (d) day of 19 at o’clock in the noon.

Registrar.

Note.—Where the debtor resides at a place other than his place of business both addresses must be shown.

No. 4.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application for Issue of Bankruptcy Notice.

(Title.)

In the Court of Bankruptcy. District.

(a) Insert name description and address of judgment debtor.

1. I, C.D., of , hereby request that a bankruptcy notice be issued by this Court against (a)

2. The said A.B. is domiciled in Australia (or has within the last past year ordinarily resided or had a dwelling house or place of business in Australia, as the case may be).

3. I produce an office copy of a final order/judgment against the said A.B. obtained by [me] in the Court on the day of 19 .

4. Execution on the said order/judgment has not been stayed.

Date this day of , 19 .

C.D., judgment creditor

[E.F., solicitor for the judgment creditor].

Note.—Where the debtor resides at a place other than his place of business both addresses should be inserted.

__________

No. 5.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Bankruptcy Notice.

(Title.)

To A.B. [or A.B.& Co.] of

Take notice that within days after service of this notice on you, excluding the day of such service, you must pay to C.D., of , the sum of £ claimed by him as being the amount due on a final judgment (or final order) obtained by him against you in the Court, dated , whereon execution has not been stayed, or you must secure or compound for the said sum to [his] satisfaction or the satisfaction of the Court; or you must satisfy the Court that you have a counter-claim, set‑off, or cross demand against C.D. which equals or exceeds the sum claimed by him, and which you could not set up in the action in which the judgment (or order) was obtained.

Dated this day of , 19 .

By the Court,

Registrar.

Indorsement on Notice.

You are specially to note—

That the consequence of not complying with the requisitions of this notice is that you will have committed an act of bankruptcy, on which bankruptcy proceedings may be taken against you.

If, however, you have a counter‑claim, set‑off, or cross demand which equals or exceeds the amount claimed by C.D. in respect of the judgment (or order), and which you could not act up in the action in which the said judgment (or order) was obtained, you must within days apply to the Court to set aside this notice, by filing with the Registrar an affidavit to the above effect.

[Name and address of solicitor suing out the notice], or

This notice is sued out by [C.D.] in person.

_______

No. 6.

Commonwealth of Australia,

The Bankruptcy Act 1924‑1933.

Affidavit of Service of Bankruptcy Notice.

(Title.)

In the matter of a bankruptcy notice issued—

I, L.M., of make oath and say:—

1. That I did on day, the day of 19 , serve the above‑mentioned A.B. with a copy of the above‑mentioned notice, duly sealed with the seal of the Court, by delivering the same personally to the said A.B. at [place] before the hour of [four or one as the case may be] in the afternoon.

2. A sealed copy of the said notice marked “A” is hereunto annexed.

Sworn at, &c.

Note.—If the service is effected on one partner on behalf of his firm, the affidavit must, after the word “at,” contain the words, “being the principal place of business of the said in Australia or, at the case may be, the District.”

_______

No. 7.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit on Application to Set Aside Bankruptcy Notice.

(Title.)

I, A.B., of , make oath and say:—

1. That I was, on the day of , served with the notice hereunto annexed [or, describe the notice].

2. That I have satisfied the judgment debt claimed by (or sum ordered to be paid to) C.D. by [state nature of satisfaction].

Or,

That I have a counter‑claim [or set‑off or cross demand] for £ , being a sum equal to [or exceeding] the claim of the said C.D. in respect of [here state grounds of counter‑claim].

3. That I could not have set up the said counter‑claim [or, as the case may be] in the action in which the said judgment (or order) was obtained against me.

Sworn, &c.

________

No. 8.

Commonwealth of Australia,

The Bankruptcy Act 1924‑1933.

Orders Setting Aside Bankruptcy Notice.

(Title.)

In the matter of & bankruptcy notice issued—

Upon the application of A.B. to set aside this notice, and, upon reading the affidavit of A.B. [and upon hearing C.D. (if present)] it is ordered that this

notice be set aside, and that C.D. [or, as the case may be] pay to A.B. the sum of £ for costs

[or, the costs of this matter].

Dated this day of , 19 .

By the Court.

Registrar.

Or,

(Title.)

In the matter of a bankruptcy notice issued—

Upon the application of A.B. to set aside this notice, and upon reading and hearing , and upon the said A.B. having entered into a bond in the penal sum of [the amount of the alleged debt and probable costs or such other sum as the Court directs], with such two sufficient sureties or otherwise as the Court [or C.D.] has approved [or having deposited in Court the sum of £ ], as security for the amount claimed by the notice, the condition of the bond [or deposit] being [here insert condition], it is ordered, &c.

Dated this day of , 19 .

By the Court.

Registrar.

_______

No. 9

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Creditor’s Petition.

(Title.)

(a) Insert name of debtor.

(b) Insert present address and description of debtor

Note.—The address at which the debtor was residing or carrying on business when the petitioning creditor’s debt was incurred should in all case appear in the petition.

I, C.D., of [or we, C.D., of and E.F., of ,] hereby petition the Court that a sequestration order be made in respect of the estate of (a) of (b) and lately carrying on business at [or residing at] (c), and say,—

1. That the said A.B. is domiciled in Australia [or has within the last past year before the presentation of this petition ordinarily resided or had a dwelling house or place of business in Australia, or, as the case may be, following the terms of section 55].

2 That the said A.B. is justly and truly indebted to me [or us in the aggregate] in the sum of £ [set out amount of debt or debts, and the consideration].

3. That I [or we] do not, nor does any person on my [or our] behalf hold any security on the said debtors’ estate, or on any part thereof, for the payment of the said sum.

Or,

That I hold security for the payment of [or part of] the said sum [but that I will give up such security for the benefit of the creditors of A.B., in the event of his becoming a bankrupt [or and I, estimate the value of such security at the sum of £ ].

Or,

That I, C.D., one of your petitioners, hold security for the payment of, &c.

That I, E.F., another of your petitioners, hold security for the payment of, &c.

4. That A.B. within six months before the date of the presentation of this petition has committed the following act [or acts] of bankruptcy, namely [here set out the nature and date or dates of the act or acts of bankruptcy relied on].

Dated this day of , 19 .

(Signed) C.D.

E.F.

[Signed by the petitioner in

my presence].

Signature of witness (d)

Address:

Description.

Note.—If there be more than one petitioner, and they do not sign together the signature of each must be separately attested, e.g., “Signed by the petitioner E.F. in my presence.” If the petition be signed by a firm, the partner signing

should add also his own signature, e.g., “A.S. & Co. by J.S., a partner in the said firm.” If the debtor resides at any place other than the place where he carries on business, both addresses should be inserted.

Indorsement.

This petition having been presented to the Court on the day of , 19 , it is ordered that this petition shall be heard at the Court, in the District of , on the day of 19 , at o’clock in the noon.

And you, the said A.B., are to take notice that if you intend to dispute the truth of any of the statements contained in the petition you must file with the Registrar of this Court a notice showing the grounds upon which you intend to dispute the same, and send by post a copy of the notice to the petitioner and his solicitor (if known) [three] days before the date fixed for the hearing.

_______

No. 10.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Truth of Statements in Petition.

(Title.)

I, the petitioner named in the petition hereunto annexed, make oath [if the petitioner declare or affirm, alter the form accordingly] and say:—

1. That the several statements in the said petition are within my own knowledge true.

2. That the debtor is/is not a person in respect of whose property, business or affairs proceedings have been instituted under any State Act or law of a Territory providing for the management, administration or control of the business, property or affairs of the debtor.

Sworn at, &c.

Note.—If the petitioner cannot depose that the truth of all the several statements in the petition is within his own knowledge he must set forth the statements the truth of which he can depose to, and file a further affidavit by some person or persons who can depose to the truth of the remaining statements.

_________

No. 11.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Truth of Statements in Joint Petition.

(Title.)

We, C.D., E.F., G.H., &c., the petitioners named in the petition hereunto annexed, severally make oath and say;—

And first I the said C.D. for myself say—

1. That A.B. is justly and truly indebted to me in the sum of pounds, as stated in the said before‑mentioned petition.

2. That the said A.B. committed the act [or acts] of bankruptcy stated to have been committed by him in the said before‑mentioned petition.

3. That A.B. has within the last past year resided [or had a dwelling‑house, or place of business as the case may be] at in Australia.

And I the said E.F. for myself say—

4. That A.B. is/is not a person in respect of whose property, business or affairs proceedings have been instituted under any State Act or law of a Territory providing for the management, administration or control of the business, property, or affairs of the debtor.

5. That A.B. is justly and truly indebted to me in the sum of pounds, as stated, in the said before‑mentioned petition.

And I the said G.H. for myself say—

6. That A.B. is, &c,

C.D.

E.F.

Sworn by the deponents C.D., E.F., G.H.

and G.H., &c.

See note to Form No. 10.

No. 12.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933

Application for Interim Receiver.

(Title.)

I, C.D., of having duly presented a petition, numbered for the sequestration of the estate of A.B. do, on the grounds set forth in the annexed affidavit, apply to the Court to appoint E.F., Official Receiver of this Court, as interim receiver of the property of the said A.B. at [here state the locality of the property and any special directions to the Receiver that may be desired].

Dated this day of , 19 .

(Signed) C.D.

Order thereon.

Upon reading this application and the affidavit therein referred to, and hearing it is ordered that upon a deposit of £ being lodged by the applicant, E.F., Official Receiver of this Court, be constituted interim receiver of the property of the said A.B. situate at [and also insert directions if any].

Dated this day of , 19 .

By the Court,

Registrar.

______

No. 13.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Service of Petition.

(Title.)

In the matter of a petition dated

I, L.M., of, make oath, and say:—

1. That I did, on day, the day of 19 , serve the above‑mentioned A.B. [or the partners in the above‑mentioned firm of ], with a copy of the above‑mentioned petition, duly sealed with the seal of the Court, by delivering the same personally to the said A.B. [or to C.D., a partner, or E.F., a person having at the time of service the control or management of the partnership business carried on under the above‑mentioned name or style], at [place] before the hour of four/one in the afternoon.

2. A sealed copy of the said petition is hereunto annexed.

3. I identified the person I served as the said by

Sworn at, &c. L.M., Bailiff, creditor.

solicitor or his clerk.

Note—If the service is effected on one partner on behalf of his firm, or on a person having at the time of service the control or management of the partnership business there or of a business carried on by any person in a name or style other than his own, the affidavit must, after the word “at,” contain the words “being the principal place of business of the said in Australia, or, as the case may be, the District.”

No. 14.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order for Substituted Service of a Bankruptcy Notice of Petition.

In the Court of Bankruptcy.

District No. of 19 .

Re/Ex parte a creditor.

In the matter of a bankruptcy notice/petition filed the day of 19 . Upon the application of and upon reading the affidavit of of in the of .

It is ordered that the sending of a sealed copy of the abovementioned petition/notice together with a sealed copy of the order, by registered post addressed to in the of , and/or by publication in the Commonwealth Gazette and in the newspaper [or as the Court directs]. of the filing or presentation of such notice/petition [and (in the case of a petition) the time and place fixed for hearing the petition] shall be deemed to be good and sufficient service of the said notice/petition on the said on the day of completing such posting and/or publication [or notice as directed by Court] as aforesaid (such date being not less in the case of a petition than eight days before the hearing, unless the Court has otherwise ordered)

Dated this day of 19 .

By the Court,

Registrar.

_______

No. 15.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Substituted Service of Bankruptcy Notice or Petition—Notice in Gazette or other Paper.

In the Court of Bankruptcy.

District. No. of 19 .

In the matter of a filed the day of 19 .

To A.B. of

Take notice that a bankruptcy notice has been issued/petition has been presented against you in this Court by C.D. of and the Court has ordered that [here state the order] shall be deemed to be service of the bankruptcy notice/petition upon you on the [here state the time mentioned in the order] (in the case of a petition add “and further take notice that the said petition will be heard at this Court on the day of 19 , at o’clock in the noon, on which day you are required to appear, and if you do not appear the Court may make a sequestration order against you in your absence.

The petition can be inspected by you on application at this Court.”)

Dated this day of , 19 .

Registrar.

No. 16.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice by Debtor of Intention to Oppose Petition.

(Title.)

In the matter of a bankruptcy petition presented against me on the day of , 19 , by C.D., of [Or and E.F. of , G.H. of , &c.]

I, the above A.B., do hereby give you notice that I intend to oppose the making of a sequestration order as prayed, and that I intend to dispute the petitioning creditor’s debt [or the act of bankruptcy, or as the case may be].

Dated this day of 19 .

To C.D., of , and to , A.B. and to the Registrar of the said Court.

_________

No. 17.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order to Stay Proceedings on Petition.

(Title.)

In the matter of a bankruptcy petition against A.B.

Upon the hearing of this petition this day, and the said A.B. appearing and denying that he is indebted to the petitioner [where petition presented by more than one creditor add the name of the creditor whose debt is denied] in the sum stated in the petition [or that be is indebted to the petitioner in the sum of a less amount than Fifty pounds], [or that he is indebted to C.D., one of the petitioners, in a sum less than the sum stated, to be due from him in the petition], it is ordered that the said A.B. shall within days enter into a bond in the penal sum of [the amount of the alleged debt and probable costs, or such other sum as the Court may direct] with such two sufficient sureties or otherwise as the Court shall approve of to pay [or deposit with the Registrar the sum of as security for the payment of], such sum or sums as shall be recovered against the said A.B. by C.D. the petitioner [or one of the petitioners] in any proceeding taken, or continued by him against the said A.B., together with such costs as shall be given by the Court in which the proceedings are had.

And it is further ordered, that upon the said A.B. entering into the bond [or making the deposit] aforesaid all proceedings on this petition shall be stayed until after the Court in which the proceedings shall be taken shall have come to a decision thereon.

Dated this day of , 19 .

By the Court,

Registrar.

______

No. 18

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Bond on Stay of proceedings, etc.

(Title.)

Know all men by these presents, that we, A.B. of &c., and C.D. of &c., and. E.F. of &c., are jointly and severally held and firmly bound to L.M. of &c., in pounds to be paid to the said L.M., or his certain attorney, executors administrators, or assigns. For which payment to be made we bind ourselves and each and every one of us, our and each of our heirs, executors, and administrators jointly and severally, firmly by these presents.

Sealed with our seals, and dated this day of

One thousand nine hundred and

Whereas a bankruptcy petition against the said A.B. having been presented to the Court he did appear at the hearing of the said petition and deny that he was indebted to the petitioner [or to one or more of the petitioners], [or allege that he was indebted to the petitioner, in the sum of pounds only].

[or Whereas the said A.B. having been duly served with a bankruptcy notice by L.M. of in accordance with the provisions of the Bankruptcy Act 1924‑1933, issued out of the Court at , applied to the said Court to dismiss such notice on the ground that he was not indebted to the said L.M.], [or that he was not indebted to him to such an amount as would support a petition in bankruptcy].

Now, therefore, the condition of this obligation is such that if the above‑bounden A.B., or the said C.D. or E.F., shall on demand well and truly pay or cause to be paid to L.M., his attorney or agent, such sum or sums as shall be recovered against the said A.B. by any proceedings taken or continued within twenty‑one days from the date hereof in any competent Court by the said L.M. for the payment of the debt claimed by him in the said petition, together with such costs as shall be given to the said L.M. by such Court, this obligation shall be void, otherwise shall remain in full force.

A.B. (L.S.)

C.D. (L.S.)

E.F. (L.S.)

Signed, sealed and delivered by the above‑bounden in the presence of .

Note.—If a deposit of money be made the memorandum should follow the terms of the conditions of the bond. This form may be adapted to other cases.

______

No. 19.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Sureties.

(Title.)

In the matter of a bankruptcy petition [or In the matter of a bankruptcy notice by C.D.] of

Take notice that the sureties whom I propose as my security in the above matter [here state the proceeding which has rendered the sureties necessary] are [here state the full names and descriptions of the sureties, and their residences for the last six months, therein, mentioning the district, places, streets, and numbers, if any].

Dated this day of , 19 .

A.B.

To the Registrar of the Court

and to L.M. of

________

No. 20.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Justification.

(Title.)

In the matter of a bankruptcy petition against A.B. of [or In the matter of a bankruptcy notice by L.M. against A.B. of ].

I, E.F., of , one of the sureties for make oath and say:—

1. That I am a householder [or, as, the case may be], residing [describing particularly the district, the street or place, and the number of the house, if any].

2. That I am worth property to the amount of £ [the amount required) over and above what will pay my just debts [if security in any other action or for any other purpose, add and every other sum for which I am now security].

3. That I am not bail or security in any other matter, action, or proceeding, or for any other person [or if security in any other action or actions, add, except for C.D., at the suit of E.F., in the in the sum of £ ; for G.H., at the suit of I.K., in the in the sum of £ ] [specifying the several actions with the Courts in which they are brought and the sums in which he has become bound.]

4. That my property; to the amount of the add sum of £ [and if security in any other action, &c., over and above all other sums for which I am now security as aforesaid], consists of [here specify the nature and value of the property in respect of which the deponent proposes to become bondsman as follows, stock in trade, in my business of carried on by me at of the value of , of good book debts owing to me to the amount of £ , of furniture in my house at of the value of £ , of a freehold (or leasehold) farm of the value of £ situate at occupied by or of a dwelling house of the value of £ situate at occupied by , or of other property, particularizing each description of property, with the value thereof].

5 That I have for the last six mouths resided at [describing the place of such residence, or if he has had more than one residence during that period, state it in the same manner as above directed].

Sworn at, &c.,

E.F.

_________

No. 21.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1935.

Adjournment of Petition.

(Title.)

Upon the hearing of the petition, this day, it is ordered that the further hearing of this petition be adjourned until the day of 19 , at o’clock in the noon.

Dated this day of , 19 .

By the Court,

Registrar.

_______

No. 22.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Dismissal of Petition.

(Title.)

In the matter of a bankruptcy petition filed the [date].

Upon, the hearing of this petition this day, and upon reading and hearing it is ordered that this petition be dismissed [and that the petitioner do pay to the said A.B. the taxed costs thereof].

Dated the day of , 19 .

By the Court,

Registrar.

______

No. 23.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Dismissal of petition upon which Proceedings are Stayed where a Sequestration Order has been made on a Subsequent Petition.

(Title.)

Whereas a sequestration order has been made against A.B. upon a petition presented to this Court by O.P. of , it is ordered that the bankruptcy

petition against the said A.B., presented to this Court by C.D., of the proceedings on which were stayed by order of Court of the day of 19 , be dismissed [add terms if any].

Dated this day of , 19 .

By the Court,

Registrar.

_______

No. 24.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order Restraining Action, etc., before Sequestration Order.

(Title.)

Upon the application of and upon reading it is ordered that L.M. of shall be restrained from taking any further proceedings in the action brought by him [or, upon the judgment recovered or obtained by him] against the said A.B. in [here state the Court in which, proceedings are], [or, it is ordered that the proceedings in the action [or suit] brought by him against the said A.B. in [here state the Court in which proceedings are] may be proceeded with on [here insert the terms fixed by the Court].

Dated this day of , 19 .

By the Court,

Registrar.

______

No. 25.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Sequestration Order on Debtor’s Petition (Order for Summary Administration, where Applicable).

(Title.)

On the petition of the debtor himself, presented the day of 19 , at o’clock in the noon a sequestration order is hereby made against and an Official Receiver of this Court is hereby constituted receiver of the estate of the said debtor.

And whereas the Statement of Affairs furnished by the debtor shows that his assets are not likely to exceed in value the sum of Three hundred pounds, it is hereby ordered that the debtor’s estate be administered in a summary manner.

Dated this day of , 19 .

By the Court,

Registrar

Note.—The above‑named debtor is required immediately after the making of this order to attend the Official Receiver or his representative at . .

The Official Receiver’s offices are open from 10 a.m. to 1 p.m. and 2 p.m. to 4 p.m. daily except on Saturdays, Sundays, and Court Holidays.

Indorsement on Order.

The name and address of the solicitor (if any) to the debtor are

________

No. 26.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Sequestration Order on Creditor’s Petition.

(Title.)

On the petition dated the of , 19 , and numbered of 19 , of J.S. of , a creditor filed the [insert date] and on reading and hearing and it

appearing to the Court that the following act or acts of bankruptcy has or have been committed, viz.:—

[Set out the nature and date or dates of the act or acts of bankruptcy on which the Order is made.]

A sequestration order is hereby made against A.B. [insert name, addresses, and description of debtor as set out in petition] and [insert name of Official Receiver] an Official Receiver of this Court is hereby constituted official receiver of the estate of the said debtor.

Dated this day of , 19 .

By the Court,

Registrar.

Note.—The above‑named debtor is required, immediately after the making of this order, to attend the Official Receiver or his representative at .

The Official Receiver’s offices are open from 10 a.m. to 1 p.m. and 2 p.m. to 4 p.m. daily, except on Saturdays, Sundays, and Court Holidays.

Indorsement on Order.

The name and address of the solicitor to the petitioning creditor are [inserted name and address].

______

No. 27.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice (as Below) of Sequestration Order, etc., for Local Paper.

To the Manager (Title.)

.................................Insertions.

…………………………….

Date of Petition...................................................................

Date of Sequestration Order................................................

Date and Place of First Meeting of Creditors......................

Date of Public Examination................................................

Note.—All debts due to the estate should be paid to me.

Official Receiver.

Address

Dated , 19 .

______

No. 28.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Sequestration Order, etc., in Summary Cases (for Local Paper)

(Title.)

Re A.B. of [insert here, as concisely as possible, name, address, and description of debtor, and add name of place in which Court held, and No. of proceeding, e.g., New South Wales, No. 1 of 1927”].

Date of order for summary administration...................................................................

Date of sequestration....................................................................................................

Date and place of first meeting.....................................................................................

Date of public examination (if any)..............................................................................

Note.—All debts due to the estate should be paid to me.

(Signature)

Official Receiver.

(Address)

Dated

No. 29.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit Verifying Statement of Affairs.

(Title.)

(a) This date should be in the case of voluntary sequestration the date of the petition. In a compulsory sequestration it should be the date the order was made.

(b) Insert date.

(d) Name the books. If none kept, state reason.

(e) Here insert full name of wife.

I, of make oath and say:—

1. That the several sheets hereunto annexed marked A, B, C, D, E, F, G, and H are to the best of my knowledge and belief a full, true, and complete Statement of my affairs on the day of 19 .(a)

2. That I am now in fact bankrupt and I become unable to pay my debts in due course as they became due about the (b) , and the cause thereof was (c)

3. That I have kept the following books of account (d)

4. That save as appears in my Statement of Affairs I am not a registered proprietor of and am not entitled to any land, lease, mortgage or other interest under any State Land Act, either in my own right or in right of my wife (e)

5. That I am not an undischarged Bankrupt or Insolvent under any State Bankruptcy or Insolvency Act and that my estate has not previously been sequestrated save and except on the day of 19 .

6 That I have not previously compounded with or made any assignment for the benefit of creditors, save and except on the day of 19 .

7. That I have not made any settlements or gifts of property during the last five years, save and except the following:—

8. I am not a person in respect of whose property, business or affairs proceedings have been instituted under any State Act or law of a Territory to which Section 57a of the Bankruptcy Act 1924‑1933 applies providing for the management, administration or control of my business, property or affairs.

Sworn at in the this day of 19 .

Before me

(Signature)

Justice of the Peace or Commissioner.

______

No. 29a.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Statement of Affairs.

as on the day of 19 .

Liabilities.		Amount for which expected to Rank.			Assets.	Estimated to Produce.
		£	s.	d.		£	s.	d.
1. Unsecured creditors as per Sheet B...........					1. Property detailed on Sheet F......... 2. Book debts detailed on Sheet G 3. Estimated surplus from properties held by secured and partly secured creditors (detailed on Sheets C and D) Total Assets.............. 4. Contingent Assets (detailed on Sheet F) £
2. Creditors fully secured as per Sheet C	£ : :
3. Creditors partly secured as per Sheet D	£ : :
Less value of securities.....	£ : :
Less value of securities.....
Total liabilities............					5. Deficiency (if any) as per Sheet H
					5. Deficiency (if any) as per Sheet H
4. Contingent or other liabilities as per Sheet E	£ : :
5. Preferential creditors for wages, rates, taxes, rent, %c. (particulars contained In Sheet B)	£ : :
6. Surplus (if any) as per Sheet H .............
£					£

This is the Sheet marked “A” in. the affidavit verifying the Statement of Affairs declared before me this day of 19 .

Justice of the Peace or Commissioner for

Signature

Date 19 .

_____

No. 29b.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Unsecured Creditors.

The names to be arranged in alphabetical order and numbered consecutively, preferential creditors being placed first. The information indicated by the columns headings must be furnished fully.

No.	Name.	Address in Full and Occupation.	Amount of Debt.			Date when Contracted.		Consideration, i.e., “Wages,” “Taxes,” “Goods Sold and Delivered,” “Work and Labour Done,” “Money Lent. ” &c.
No.	Name.	Address in Full and Occupation.	Amount of Debt.			Month.	Year.
Preferential Creditor			£.	s.	d.
1
2
3
4
5
Ordinary Creditors		£
6
7
8
9
10
&c.

This is the Sheet marked “B” referred to in the affidavit verifying Statement of Affairs declared before me this day of 19 .

Justice of the Peace or Commissioner for

Signature

Date 19 .

Notes.—1. When there is a contra account against the creditor, less than the amount of his claim against the estate, the amount of the creditor’s claim and the amount of the contra account should be shown in the third column, and the balance only be inserted under the heading “Amount of Debt,” thus:—

£ s. d.

Total amount of claim............

Less contra account..............

No such set‑off should be included in Sheet “G”.

2. The particulars of any bills of exchange and promissory notes held by a creditor should be inserted immediately below the name and address of such creditor.

No. 29c.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Creditors Fully Secured.

No.

Name of Creditor.

Address in full and Occupation.

Amount of Debt.

Date when Contracted.

Consideration.

Particulars of Security.

Date when given.

Estimated Value of Security at present.

Estimated Surplus from Security.

Month.

Year.

This is the Sheet marked “C” referred to in the affidavit verifying Statement of Affairs declared before me this day of 19 .

Justice of the Peace or Commissioner for

Signature

Date 19 .

_______

No. 29d.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Creditors Partly Secured.

No.

Name of Creditor

Address in full and Occupation.

Amount of Debt.

Date when Contracted.

Consideration

Particulars of Security.

Month and Year when given.

Estimated Value of Security at present.

Balance of Debts Unsecured.

Month.

Year.

£.

This is the Sheet marked “D” referred to in the affidavit verifying Statement of Affairs declared before me this day of 19 .

Justice of the Peace or Commissioner for

Signature

Date 19 .

No. 29e.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

contingent or Other Liabilities.

Full particulars of all liabilities not otherwise scheduled to be given here.

No.	Name of Creditor or Claimant.	Address in full and Occupation.	Amount or Liability or Claim.			Amount expected to rank for Dividend.			Date when liability incurred.		Nature of Liability.
									Month.	Year.
		£	£	s.	d.	£	s.	d.

This is the Sheet marked “E” referred to in the affidavit verifying Statement of Affairs declared before me this day of 19 .

Justice of the Peace or Commissioner for

Signature

Date 19 .

_______

No. 29f.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Property.

Full particulars of every description of property as defined by section 4 of the Bankruptcy Act 1924‑1933, not included in any other list, are to be set forth in this list:—

Full Statement and Nature of Property.		Estimated to Produce.
		£	s.	d.
(a) Cash at bankers ....................................................
(b) Cash in hand ......................................................
(c) Cash deposited, with solicitor, if any, for costs of petition or other proceeding...........
(d) Stock in trade at .....................................(cost £ )
(e) Machinery at.........................................(cost £ )
(f) Trade fixtures, fittings, utensils, &c., at.....................................
(g) Farming stock at ...................................................
(h) Growing crops at ...................................................
(i) Household furniture and effects at........................................
Less amount of Statutory Exemptions (section 91) ...........................
(j) Stocks and shares as follows:—
(k) Reversionary or other interests under wills, &c., as follows:—
(l) Other property (state particulars), viz.:—
	£ : :
(m) Contingent assets (if any), viz.:—
£ : :
£

This is the Sheet marked “F” referred to in the affidavit verifying Statement of Affairs declared before me this day of 19 .

Justice of the Peace or Commissioner for

Signature

Date 19 .

No. 29g.

Commonwealth of, Australia.

The Bankruptcy Act 1924‑1933.

Debts Due to the Estate.

The names to be arranged in alphabetical order.

No.

Name of Debtor.

Address in full and occupation

Amount of Debt.

Estimated to produce

Folio of Ledger or other Book where particulars to be found.

When Contracted.

Particulars of any securities held for Debt.

Good.

Doubtful.

Bad.

Month.

Year.

This is the Sheet marked “G” referred to in the affidavit verifying Statement of Affairs declared before me this day of 19 .

Justice of the Peace or Commissioner for

Signature

Date 19 .

Note.—(a) If any debtor to the estate is also a creditor, but for a less amount than his indebtedness, the gross amount due to the estate and the amount of the contra account should be shown in the third column, and the balance only be inserted under the heading “Amount of debt,” thus:—

£ s. d.

Due to estate............................

Less contra account.........................___________

(b) No such claim should be included in Sheet “B”.

_______________

Note.—For Debtor’s Petition and order thereon, see Forms Nos. 3 and 25.

No. 30.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application for Order for Summary Administration under Section 154.

(Title.)

I, G.H., the Official Receiver in the above matter, hereby report to the Court that assets of the debtor are not likely to exceed in value £300, and I apply that the Court may order the estate to be administered in a summary manner pursuant to section 154 of the Act.

Dated this day of 19 .

G.H., Official Receiver.

________

No. 31.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order For Summary Administration.

(Title.)

Upon the application of and being satisfied by affidavit or report of that the assets of the debtor are not likely to exceed in value £300, it is ordered that the estate of the above‑named debtor be administered in a summary manner pursuant to section 164 of the Act.

Dated this day of , 19 .

By the Court,

Registrar.

___________

No. 32.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application for Extension of Time for holding First Meeting, and Order thereon.

(Title.)

Ex parte the Official Receiver.

(a) Strike out such of the grounds as are not applicable.

I, A.B., the Official Receiver in the above matter, apply to the Court (or the Registrar) for an extension of time to the day of 19 , for holding the first meeting of creditors, on the ground following (a):—

That the said debtor did not submit a statement of and in relation to his affairs in compliance with section 66 of the Bankruptcy Act 1924‑1933.

Or,

That the said debtor has obtained an extension of time for submitting a statement of and in relation to his affairs, viz., to the day of , of 19 .

Or,

That the prescribed notice of the first meeting of creditors in the above matter cannot be given in time for holding the meeting within 14 days from the date of the sequestration order.

Or,

That there may be sufficient time for the books of the debtor to be examined, the statement of affairs investigated, and the summary and the observations thereon prepared.

Dated this day of , 19 .

Official Receiver.

Order.

Upon the application of the Official Receiver it is ordered that the time for holding the first meeting of creditors in the above matter be extended to the day of , 19 .

Dated this day of , 19 .

By the Court,

Registrar.

No. 33.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditors of First Meeting.

(Title.)

(a) Here state with whom the proof must be lodged.

(Under sequestration order dated the day of 19 .)

Notice is hereby given that the first meeting of creditors in the above matter will be held at on the day of 19 at o’clock in the noon.

To entitle you to vote thereat, your proof, if not already lodged, must be lodged with (a) not later than o’clock in the noon on the day of 19 .

Form of special proxy is enclosed herewith. Proxies to be used at the meeting must be lodged with not later than o’clock in the noon on the day of 19 .

The public examination of the debtor is fixed for the day of 19 at o’clock in the noon, at

Any creditor who has tendered a proof, or his representative authorized in writing, may question the debtor on his public examination concerning his affaire and the causes of his failure.

Official Receiver.

Address.

(b) Here insert “has not been lodged,” or “has been lodged, and summary is enclosed.”

The debtor’s statement of affairs (b)

Note.—At the first meeting the creditors may, amongst other things—

1. By ordinary resolution appoint a trustee;

2. By ordinary resolution fix the remuneration of the trustee, or resolve that it be left to the committee of inspection; and

3. By ordinary resolution appoint a committee of inspection from among the creditors or the holders of general proxies or general powers of attorney from the creditors.

_______

No. 34.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditors of First Meeting in Summary Case where Debtor has not Submitted an Offer of Composition or Scheme.

(Title.)

Summary Case.

(Under sequestration order dated the day of , 19 .)

Notice is hereby given, that the first meeting of the creditors in the above matter will be held at on the day of , 19 , at o’clock in the noon, for the purpose of receiving a report by the Official Receiver upon the position of the estate.

The debtor has become a bankrupt, and an order for summary administration has been made by the Court. Under section 154 of the Bankruptcy Act 1924‑1933, the Official Receiver is the trustee in the bankruptcy.

To entitle you to vote thereat your proof must be lodged with me not later than o’clock in the noon on the day of 19 .

Form of special proxy is enclosed herewith. Proxies to be used at the meeting must be lodged with [here state with whom proxies may be lodged and where] not later than o’clock in the noon on the day of 19 .

If a public examination is fixed, add:—

The public examination of the debtor is fixed for the day of , 19 , at o’clock in the noon, at

Any creditor whose proof has been admitted, or his representative authorized in writing, may question the debtor on his public examination concerning his affairs and the causes of his failure.

Dated this day of , 19 .

Official Receiver.

Address.

(a) Here insert “has not been lodged.” or “has been lodged, and summary is enclosed”.

(The debtor’s statement of affairs (a) )

_______

No. 35.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of First or other Meeting where Debtor submits an Offer of Composition or Scheme (where no Order for Summary Administration has been Made).

(Title.)

(Under sequestration order dated the day of , 19 .)

Notice is hereby given that the first [or a general] meeting of the creditors of the above‑named debtor will be held at on the day of , 19 , at o’clock in the noon precisely.

Creditors qualified to vote at such meeting may, by a resolution passed by a majority in number, and three fourths in value, of all the creditors who have proved their debts, accept the proposal made by the debtor for a composition [or scheme], the terms of which are set forth in the accompanying report, or any amendment of such proposal which is calculated to benefit the general body of creditors.

Proofs of debts intended to be used at the meeting must be lodged with the Official Receiver or trustee not later than o’clock on the day of , 19 .

Proxies and voting letters to be used at the meeting must be lodged not later than o’clock on the day of , 19 .

Creditors who prove their debts, and whose proofs are admitted, and who do not vote on the debtor’s proposal, will be reckoned as voting against it.

If a sitting for a public examination has been fixed, add:—

A sitting of the Court for the public examination of the debtor will be held at on the day of , 19 , at o’clock in the noon.

Any creditor whoso proof has been admitted, or his representative authorized in writing, may question the debtor on his public examination concerning his affairs and the causes of his failure.

Dated this day of , 19 .

Official Receiver [or Trustee],

Address.

Notes.

See Forms 76 and 77.

Creditors who have proved may vote for or against the acceptance of the debtor’s proposal by means of the voting letter attached to the Official Receiver’s report.

If the proposal be not accepted the meeting may by ordinary resolution appoint a trustee and a committee of inspection, and fix the remuneration of the trustee.

A form of special proxy and a summary of the statement of affairs are sent herewith.

No. 36.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Meeting in a Summary Case where Debtor submits an Offer of Composition or Scheme.

(Title.)

(Under sequestration order dated the day of , 19 .)

Notice is hereby given that a general meeting of the creditors of the above named debtor will be held at , on the day of , 19 , at o’clock in the noon precisely.

Creditors qualified to vote at such meeting may, by a resolution passed by a majority in number, and three‑fourths in value, of all the creditors who have proved their debts, accept the proposal made by the debtor for a composition [or scheme], the terms of which are set forth in the accompanying report, or any amendment of such proposal which in their opinion is calculated to benefit the general body of creditors.

Proofs of debts intended to be used at the meeting must be lodged with the Official Receiver not later than o’clock on the day of , 19 .

Proxies and voting letters to be used at the meeting must be lodged not later than o’clock on the day of , 19 .

Creditors who prove their debts, and whose proofs are admitted, and who do not vote on the debtor’s proposal, will be reckoned as voting against it.

If a sitting of the Court for a public examination has been fixed, add:—

A sitting of the Court for the public examination of the debtor will be held at on the day of , 19 , at o’clock in the noon.

Any creditor whose proof has been admitted, or his representative authorized in writing may question the debtor on his public examination concerning his affairs and the causes of his failure.

Dated this day of , 19 .

Official Receiver.

Address.

Notes.

Creditors who have proved may vote for or against the acceptance of the debtor’s proposal by means of the voting letter attached to the Official Receiver’s report.

A form of special proxy and a summary of the statement of affairs are sent herewith.

________

No. 37.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditors of Adjourned Meeting.

Take notice that the meeting of creditors in the above matter held on the day of at was adjourned to the day of and will accordingly be held at on the said day at o’clock in the noon.

Agenda.

[Insert here nature of business to be transacted.]

Dated this day of , 19 .

Official Receiver [or Trustee].

Address.

No. 38.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Postage of Notices. First Meeting.

(Title.)

I, the trustee [or the clerk to the trustee, or as the case may be] in the above matter, make oath and say as follows:—

(a) Insert here, if necessary, “adjourned” meeting, as the case may be.

(b) Strike out the words in italics if summary not sent.

1. That I did on the day of , 19 , send to each creditor mentioned in the debtor’s statement of affairs, and to the above‑named debtor, a notice of the time and place of the (a) first meeting of creditors, accompanied by a summary of the debtor’s statement of affairs in the forms hereunto annexed marked “A” and “B” respectively (b).

2. That such, notices were addressed to the said creditors respectively, according to their respective names and addresses appearing in the statement of affairs of the said debtor, and also to the said debtor at

3. That I sent the said notices by putting the same into the post‑office at before the hour of o’clock in the noon on the said day.

Sworn at, &c.,

Signature.

________

No. 39.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Certificate of Postage of Notices. First Meeting.

(Title.)

I, , the Official Receiver in the above matter [or a clerk in the office of the Official Receiver, or as the case may be], hereby certify:—

(a) Insert here, if necessary, “adjourned” meeting, or as the case may be.

(b) Strike out the words in italics if summary not sent.

1. That I did, on the day of , 19 , send to each creditor mentioned in the debtor’s statement of affairs, a notice of the time and place of the (a) first meeting of creditors, accompanied by a summary of the debtor’s statement of affairs in the form hereunto annexed, marked “A” and “B” respectively (b).

2. That such notices were addressed to the said creditors respectively according to their respective names and addresses appearing in the statement of affairs of the said debtor.

3. That I sent the said notices by putting the same into the post‑office at before the hour of o’clock in the noon on the said day.

4. That I did on the said day of , 19 , send by registered post notice of the time and place of the said meeting to the said debtor, and that such notice was sent to the following address, viz.;—

Dated this day of , 19 .

Signature.

________

No. 40.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Debtor to Attend First Meeting of Creditors.

(Title.)

(a) Here insert place where meetings will be held.

Take notice that the first meeting of your creditors will be held on the day of , 19 , at o’clock at (a) and that you are required to attend thereat, and submit to such examination and give such information as the meeting may require. And further, take notice that if you fail to comply with the requirements of this notice, you will be guilty of an offence and may be punished accordingly.

Dated this day of , 19 .

Official Receiver.

the above‑named debtor.

No. 41.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Authority to Deputy to act as Chairman of Meeting and use Proxies.

(Title.)

I, , the Official Receiver in Bankruptcy, do hereby nominate Mr. , of , to be the chairman of the first meeting of creditors in the above matter, appointed to be held at on the day of , 19 , and I depute him to attend such meeting and use, on my behalf, any proxy or proxies held by me in this matter.

Dated this day of , 19 .

Official Receiver.

________

No. 42.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Resolutions at First Meeting of Creditors.

(Title.)

Minutes of Resolutions come to and proceedings, had at the first meeting of creditors held at this day of 19 .

Mr. Chairman.

Resolved as follows (unanimously):—

(1.) That Mr. of shall be the trustee of the property of the bankrupt.

Chairman.

Number.	Assenting Creditors’ Signatures.	Amount of. Proof.			Number.	Dissenting Creditors’ Signatures.	Amount of Proof.

(2.) That the remuneration of the Trustee be

Chairman.

Number.	Assenting Creditors’ Signatures.	Amount of Proof.			Number.	Dissenting Creditors’ Signatures.	Amount of Proof.

(3.) That be appointed the committee of inspection in this bankruptcy, for the purpose of superintending the administration of the property of the bankrupt by the trustee.

Chairman.

Member.	Assenting Creditors’ Signature.	Amount of Proof.			Number.	Dissenting Creditors Signatures.	Amount of Proof.

(4.) That [here add any other resolutions that may be come to as to the manner of the administration of the property by the trustee, &c.].

Chairman.

Member.	Assenting Creditors’ Signatures.	Amount of Proof.			Number.	Dissenting Creditors Signatures.	Amount of Proof.

Note.—When a resolution is carried unanimously the creditors need not sign, but when a division is taken all creditors and holders of proxies voting should sign. The signatures must be attached at the meeting. Resolutions should be put separately.

________

No. 43.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Memorandum of Proceedings at First Meeting in Summary Cases.

(Title.)

Before , at on the day of , 19 , at o’clock.

Memorandum.—The first meeting of creditors in the above matter was held at the place and time above mentioned, and the several proofs of debts lodged were produced, but no resolution was passed.

Chairman.

_______

No. 44.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Memorandum of Adjournment of First or other Meeting.

(Title.)

Before , at on the day of , 19 , at o’clock.

(a) “First” or as the case may be.

(b) Here state reason for adjournment.

Memorandum.—The (a) meeting of creditors in the above matter was held at the time and place above mentioned, and the several proofs of debt lodged were produced; but it appearing that (b) , the meeting was adjourned until the day of , 19 , at o’clock in the noon, then to be held at the same place.

Chairman.

No. 45.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Memorandum of Proceedings at Adjourned First Meetings.

No quorum.

(Title.)

Before at on the day of 19 , at o’clock.

Memorandum.—The adjourned meeting of creditors in the above matter was held at the time and place above mentioned, and the several proofs of debts lodged were produced; but it appearing that there was not a quorum of creditors qualified to vote present or represented no resolution was passed, and the meeting was not further adjourned.

Chairman.

_______

No. 46.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order or Court for General Meeting of Creditors.

(Title.)

Upon the application of C.D., of , it is ordered that the trustee of the property of the bankrupt [or the Official Receiver of this Court] do summon a meeting of the creditors of the bankrupt to be held at on the day of , 19 , at o’clock in the noon [here state the purpose for which meeting called].

Dated the day of , 19 .

By the Court,

Registrar.

_______

No. 47.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Postage of Notices [General].

(Title.)

I, the trustee [or clerk to the trustee, or as the case may be] in the above matter, make oath and say as follows:—

(a) Insert here “the time and place of a general meeting” or “adjourned general meeting” or as the case may be.

1. That I did on the day of , 19 , send to each creditor who has proved in this matter, and also to all creditors mentioned in the debtor’s statement of affairs, a notice of (a) in the form hereunto annexed marked “A”.

2. That such notices were addressed to such of the said creditors who have proved their debts according to the addresses in their respective proofs, and to such as have not proved, according to their respective names and addresses appearing in the statement of affairs of the said debtor.

3. That I sent the said notices by putting the same into the Post Office at before the hour of o’clock in the noon on the same day.

Signature

Sworn at

in the

this day of

one thousand nine hundred and

Before me

_________

No. 48.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Certificate of Postage of Notices [General].

(Title.)

I, the Official Receiver in the above matter [or a clerk in the office of the Official Receiver, or as the case may be] hereby certify:—

(a) Insert here “the time and place of a general meeting,” or “adjourned general meeting,” or as the case may be.

3. That I sent the said notices by putting, the same into the Post Office at before the hour of o’clock in the noon on the same day.

Dated this day of , 19 .

Signature

________

No. 49.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditors of Meeting to remove Trustee and to fill the Vacancy.

(Title.)

At the request of one‑sixth in value of the creditors of the bankrupt a general meeting of the creditors is hereby summoned to be held at on the day of 19 , at o’clock in the noon, for the purpose of considering the propriety of removing, G.H., the trustee of the property of the bankrupt, from his office as such trustee, and in the event of his removal to appoint a person to fill the vacancy.

Dated this day of , 19 .

L.M.,

Official Receiver.

No. 50.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Meeting to be held to appoint new Trustee.

(Title.)

I, C.D., the Official Receiver in the above matter, hereby give you notice that a meeting of creditors will be held at on the day of 19 , at o’clock in the noon, for the purpose of appointing a trustee in the place of the late trustee, who has resigned the office (or who has died or has become bankrupt or as the case may be].

Dated this day of , 19 .

C. D.,

Official Receiver.

To X.Y.

_______

No. 51.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Minutes of Meeting For Receiving Resignation of Trustee, Etc.

(Title.)

Minutes of proceedings had at a meeting of creditors of the said bankrupt held at on the day of 19 .

Chairman of the meeting, E.F., of

Resolved [here should follow resolutions].

E.F., Chairman of this meeting.

________

No. 52.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

List of Creditors assembled to be used at every Meeting.

(Except a meeting where scheme or composition has been considered.)

(Title.)

Meeting held at this day of , 19 .

Number.

Names of Creditors Present or Represented.

How Represented.

Amount of Proof.

Total number of Creditors present or represented.

No. 53.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

List of Creditors for Use At Meeting held for Consideration of Composition or Scheme.

(Title.)

Meeting held at this day of , 19 .

No.	Names of all Creditors whose Proofs have been admitted.	Here state as to each Creditor whether he Voted, and if so, how, whether Personally, by Proxy, or Voting Letter.	Amount of Assets.	Amount of admitted Proof.
		Total..................
		Total..................

Required number for majority............

Required value.....................£ : : :

___________

________

No. 54

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

General Proxy.

(Title.)

(a) if a firm write “we” instead of “I” and set out the full name of the firm.

(b) Here insert either “Mr. of , a clerk manager, &c., in my regular employ” or “the Official Receiver in the above matter.” The standing of the person appointed must be clearly set out.

(d) If a firm, sign the firm’s trading title, and add “by A. B., a partner in the said firm.” As to signature by agent, see footnotes 1 and 2.

I, (a) of a creditor, hereby appoint (b) to be (c) general proxy in the above matter excepting as to the receipt of dividend.

Dated this day of 19 .

Signature (d)

Signature of Witness

Address

_______

Notes.

1. The authorised agent of a corporation may fill up blanks, and sign for the corporation thus:—

For the Company, (duly authorised under the seal of the Company).

(e) The Official Receiver or Trustee may require the authority to sign to be produced for his inspection.

(f) Clerk or manager in the regular employment of the creditor or a Commissioner.

2. A proxy given by a creditor may be filled up and signed by any person having a general authority in writing to sign for such creditor. Such person shall sign—

duly authorized by a general authority in writing to sign, on behalf of (e)

Certificate to be signed by person other than Creditor filling up the above Proxy where the Creditor is blind or otherwise incapable.

I, of being, a (f) hereby certify that all insertions in the above proxy have been made by me at the request of the above‑named and in his presence before be attached his signature thereto.

Dated this day of 19 .

(Signature)

_______

No. 55

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Special Proxy.

(Title.)

(a) If a firm, write “we” instead of “I,” and set out the full name of the firm.

(b) Here insert either “Mr. of ” or “the Official receiver in the above matter.”

(d) Here insert the word “for” or the word “against” as the case may require, and specify the particular resolution or name of proposed trustee, remuneration, or other matter.

(e) It a firm, sign the firm’s trading title, and add “by A.L., partner in the said firm.” As to signature by agent see footnotes 1 and 2.

I, (a) , of , a creditor, hereby appoint (b) as (c) proxy at the meeting of creditors to be held on the day of , 19 , or at any adjournment thereof, to vote (d)

Dated this day of , 19 .

Signature (e)

Signature of Witness.

______

Notes.

1. A creditor may give a special proxy to any adult person to vote at any specified meeting or adjournment on all or any of the following matters:—

(a) For or against any specific proposal for a composition or scheme or arrangement:

(b) For or against the appointment of any specified person as trustee at a specified rate of remuneration, or for or against the continuance in office of any specified person as trustee:

(c) On all questions relating to any matter, other than these above referred to, arising at any specified meeting or adjournment thereof.

2. The authorized agent of a corporation may fill up blanks and sign for the corporation, thus:—

“For the Company.

(duly authorized under the seal of the Company).”

(f) The Official Receiver or Trustee may require the authority to sign to be produced for his inspection.

3. A proxy given by a creditor may be filled up and signed by any person having a general authority in writing to sign for such creditor. Such persons shall sign,

(duly authorized by a general authority in writing to sign on behalf of (f)).

Certificate to be signed by person other than Creditor filling up the above Proxy where the Creditor is blind or otherwise incapable.

(g) Clerk or manager in the regular employment of the creditor or a Commissioner.

I, of being a (g) hereby certify that all insertions in the above proxy have been made by me at the request of the above‑named and in his presence before he attached his signature thereto.

Dated this day of , 19 .

No. 56.

Commonwealth of Australia,

The Bankruptcy Act 1924‑1933.

Proof of Debt. General Form.

(Title.)

(a) Here insert the number of matter, and the names of debtor, as given on the notice of meeting.

Important to attend carefully to these directions.

(b) Fill in full name, address, and occupation of deponent. If proof made by creditor strike out clauses (c) and (d). If made by clerk of creditor strike out (d).

If by clerk or agent of company strike out (c).

(e) Here insert sequestration order, composition, scheme of arrangement, deed of assignment, or deed of arrangement, as the case may be.

(f) Insert “me” or, in case of firm, “me and C.D. and E.F., my co‑partners trading as;” if any, or, if by clerk, insert name, address, and description of principal.

No. (a). , of 19 .

Re (a)

I (b)

of in the State of , make oath and say:”

(c) that I am in the employ of the undermentioned creditor , and that I am authorized by to make this affidavit, and that it is within my own knowledge that the debt hereinafter deposed to was incurred, and for the consideration stated, and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied.

(d) that I am duly authorized, under the seal of the company hereinafter named, to make the proof of debt on its behalf.

That the said was,/were, at the date of the (e) viz., the day of , 19 , and still is/are justly and truly indebted to (f) in the sum of pounds shillings and pence for (g) as shown, by the account endorsed hereon (marked “A”) (or by the account hereto annexed marked “A”], viz. .—

: :

Important to attend carefully to these directions.

NOTE THIS:.

(g) State consideration [as—Goods sold and delivered by me [and my said partner] to him [or them] at his [or their] request between the dates of, [or, moneys advanced by me in respect of the undermentioned bill of exchange (or as the case may be).]

(h) my said partners or any of them or the above‑named creditor (as the case may be).

(i) My or our or their or his (as the case may be).

(j) [Here state the particulars of all securities held, and where the securities are on the property of the debtor, assess the value of the same, and if any bills or other negotiable securities be held, specify them in the schedule.]

for which sum or any part thereon I say that I have not nor has (h) or any person by (i) order to my knowledge or belief for (i) use had or received any manner of satisfaction or security whatsoever; save and except the following (j)

Admitted to vote for : : the , day of 19 . Official Receiver Chairman or Trustee.	Date.	Maker.	Payee.	Amount.	Due Date.
	Sworn at in the State of this day of Before me 19
Admitted to rank for dividend for £ : : this day of 19 . Official Receiver or Trustee	Sworn at in the State of this day of Before me 19			Deponent’s signature.

“A.”

Particulars of Account Referred to above.

(Credit should be given for contra accounts.)

If space is not sufficient let the particulars be annexed, but where the particulars are on a separate sheet of paper the same must be marked by the person before whom the affidavit is sworn:—

“This is the account marked with the letter “A” referred to in the annexed proof of the debt made by in re

Sworn before me this day of 19 .

Commissioner or person administering oath.

Date.

Consideration.

Amount.

Remarks.

The vouchers (if any) by which the account can be substantiated should be set out here.

Signature of Deponent.

__________

No. 57.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Proof by Trustee in Prior Bankruptcy.

(Title.)

I, of , make oath and say:—

1. The said was made a bankrupt in the Court on 19 , and I am the trustee under such bankruptcy.

2. There was at the date of the sequestration order herein, namely, the day of , 19 , and still is an unsatisfied balance of the debts provable in the aforesaid bankruptcy, of which I am trustee, amounting to £ as shown in the statement endorsed hereon (or annexed hereto and marked A).

3. I claim to prove in the present bankruptcy for the said amount.

Sworn, &c,

Before me,

Admitted to vote for £ the day of 19 .

Official Receiver or Trustee.

Admitted to rank for dividend for £ this day of 19 .

Official Receiver or Trustee

No. 58

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Proof of Debt of Workmen.

(Title.)

(a) Fill in full name, address, and occupation of deponent.

(b) The above‑named debtor or the foreman of the above‑named debtor, or on behalf of the workmen and others employed by the above‑named, debtor.

(d) “My employ” or “the employ of the above‑named debtor.”

(e) “Me” or “the above‑named debtor.”

I (a) , of (b) make oath and say:

1. That (c) was/were, at the date of the [sequestration order, composition, scheme, assignment, or deed of arrangement] viz., the day of 19 , and still justly and truly indebted to the several persons whose names, addresses, and descriptions appear in the schedule hereto in same severally set against their names in the sixth column of such schedule for wages due to them respectively as workmen or others in (d) in respect of services rendered by them respectively to (c) during such periods before the date of the [sequestration order, composition, scheme, assignment, or deed of arrangement] as are set out against their respective names in the fifth column of such schedule, for which said sums, or any part thereof, I say that they have not, nor has any of them had or received any manner of satisfaction or security whatsoever.

Schedule.

1.	2.	3.	4.	5.	6.
No.	Full Name of Workman.	Address.	Description.	Period over which Wages Due.	Amount Due.
					£	s.	d.

Sworn at in the

this day of 19

Signature of Deponent

Before me

Signature of Commissioner or

Person administering Oath.

__________

No. 59.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Rejection of Proof of Debt.

(Title.)

(a) If proof wholly rejected strike out words underlined.

(b) Twenty‑one or seven days, as the case may be.

Take notice, that, as Official Receiver (or Trustee) of the above estate, I have this day rejected your claim against such estate (a) (to the extent of £______________) on the following grounds:—

And further take notice that if you are dissatisfied with my decision in respect of your proof, you may apply to the Court to reverse or vary the same, but, subject to the power of the Court to extend the time, no application to reverse or vary my decision in rejecting your proof will be entertained after the expiration of (b) days from this date.

Dated this day of , 19 .

To Official Receiver or Trustee.

No. 60.

Commonwealth of Australia,

The Bankruptcy Act 1924‑1933.

Application under Section 68 or 69 by the Official Receiver (or trustee) for an Order Appointing a Sitting for the Public Examination of the Debtor.

(Title.)

A sequestration order having been made in the above matter, application is hereby made to the Court by the Official Receiver [or Trustee as the case may be], for an order appointing the day of at at or such other time and place as the Court shall direct for holding the public examination of the debtor, and that the debtor do attend such public examination.

Dated this day of , 19 .

Official Receiver.

______________

No. 61.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order Appointing a Time for the Public Examination of the Debtor.

(Title.)

Upon the application of the Official Receiver [or the Trustee at the case may be] in the above matter, it is ordered that the public examination of the above‑named debtor be held at on the day of at o’clock in the

And it is ordered that the above‑named debtor do attend at the place and time above mentioned.

Dated this day of , 19 .

By the Court,

Registrar.

Note.—Notice is hereby given that if you, the above‑named debtor, fail, without reasonable excuse, to attend at the time and place aforesaid, a warrant may be issued under Section 77 (1) (d) of the Bankruptcy Act 1924‑1933.

____________

No. 62.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Report of Registrar where Debtor or Witness refuses to answer to his Satisfaction.

(Title.)

(a) The above named debtor e.g. A.B. or witness in the above matter.

(b) Here state question.

(d) Here insert answers (if any.)

At the [public] examination of (a) held before me this day of , 19 , the following question was allowed by me to be put to the said [ ].

Q. (b)

The (c) refused to answer the said question.

(or) the (c) answered the said question as follows:—

A. (d)

I thereupon named the day of , 19 , at as the time and place for such [refusal to] answer to be reported to the Judge.

Dated this day of , 19 .

Registrar.

No. 63.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice, as Below, of Day for proceeding with Public Examination (for Local Paper).

(Title.)

Notice is hereby given that the above‑named Court has appointed day, the day of , 19 , at o’clock in the noon, for proceeding with the public examination of the above‑named debtor, which on the day of , 19 , was adjourned sine die.

Dated this day of , 19 .

(Signed)

Official Receiver.

________

No. 64.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Appointment of Shorthand Writer to take Examination of Debtor.

(Title.)

Upon the application of the Official Receiver the Court hereby appoints , of , in the State of , to take the evidence of the said at his public examination this day pursuant to the Bankruptcy Rules under the above Act.

Dated this day of , 19 .

By the Court,

Registrar.

_______

No. 65

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Declaration by Shorthand Writer.

(Title.)

I, , of , in the State of , the shorthand writer appointed by this Court to take down the evidence of the said , do solemnly and sincerely declare that I will truly and faithfully take down the questions and answers put and given by the said in this matter, and will deliver, true and faithful transcripts thereof as the Court may direct.

Dated this day of , 19 .

[Declared before me at the time and place above mentioned.]

Registrar.

No. 66.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notes of Public Examination or Debtor where a Shorthand Writer is appointed.

(Title.)

Public examination of the Debtor.

Before at the Court this day of , 19 .

The above‑named debtor, being sworn and examined at the time and place above mentioned, upon the several questions following being put and propounded to him, gave the several answers thereto respectively following each question, that is to say:—

These are the notes of the public examination referred to in the memorandum of public examination of , taken before me this day of , 19 .

Registrar.

_______

No. 67.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notes of Public Examination of Debtor where Shorthand Writer is not Appointed.

(Title.)

Public examination of the Debtor.

Before at the Court this day of , 19 .

The above‑named debtor, being sworn and examined at the time and place above mentioned, upon his oath says as follows:—

These are the notes of the public examination referred to in the memorandum of public examination of , taken before me this day of , 19 .

Registrar.

________

No. 68.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Adjournment for Public Examination.

(Title.)

(a) Insert here word “further” if necessary.

(b) Set out any further order of the Court.

This being the day appointed for the (a) public examination of the above‑named , and the said having submitted himself for such examination: now upon hearing Mr. , the Official Receiver in the above matter, and upon hearing and it appearing that . It is ordered that the said public examination be adjourned to the day of , 19 , at in the noon at . And it is further ordered that the said do attend at the said Court on the said day of , 19 , for the purpose of being further examined, as to his conduct, dealings, and property. And it is further ordered that the said (b)

Dated this day of , 19 .

Registrar.

No. 69.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order Dispensing with Public Examination of Debtor.

(Title.)

(a) Insert name and address of applicant, and the capacity in which he makes the application.

(b) State what the disability is.

Upon the application of the Official Receiver [or, of (a) of ] in the above matter, and upon reading and upon hearing , and it appearing to the Court that the debtor is (b) , it is ordered that the public examination of the debtor be dispensed with.

Dated day of , 19 .

By the Court,

Registrar.

________

No. 70.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order as to Examination of Debtor who is suffering from Mental or Physical Affliction or Disability.

(Title.)

(a) Insert name and address of applicant and the capacity in which he makes the application.

(b) This part of the order to be adapted to the circumstances of the case.

(d) Insert name of any other person authorized by the Court to attend.

Upon the application of the Official Receiver [or, of (a) of ] in the above matter, and upon reading , and upon hearing , and it appearing to the Court that the debtor is suffering from physical disability which makes him unfit to attend a public examination in Court [or as the case may be], it is ordered that instead of a public examination of the debtor (b) the debtor be examined on oath at (c) before the Registrar on the day of 19 , at o’clock or such other time as having regard to the condition of the debtor may be convenient, and that the Official Receiver and Trustee, and (d) be at liberty to attend such examination and take part therein.

Dated this day of , 19 .

By the Court,

Registrar.

________

No. 71.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Further Adjournment of Public Examination.

(Title.)

This being the day appointed for the further public examination of the above‑named , and the said having submitted himself for such examination: now upon hearing the Official Receiver, and upon hearing and it appearing that It is ordered that the said public examination be further adjourned to the day of 19 , at in the noon at . And it is further ordered that the said do attend at the said Court on the said day of 19 , for the purpose of being further examined as to his conduct, dealing, and property. And it is further ordered that the said

Dated this day of , 19 .

Registrar.

No. 72.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Memorandum of Public Examination of Debtor

(Title.)

Memorandum.—that I, , the above‑named debtor, being sworn and examined, upon my oath say that the notes of my public examination, marked A, and appended hereto, were read over by or to me, and are correct.

And I further say, that at the time of this my examination, I have delivered up to the Official Receiver [or the trustee of my estate] all property, estate and effects, and all books, papers, and writings relating thereto.

And I further say, that I have made a full disclosure of all my assets and of all my debts and liabilities of whatever kind, and that I have not removed, concealed, or destroyed any part of my estate, real or personal, nor any books of accounts, papers, or writings relating thereto with an intent to defraud my creditor or to conceal the state of my affairs.

[Here insert any special matter.]

Signature

Dated this day of , 19 .

_______

No. 73.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Court that Examination is Concluded.

(Title.)

Whereas the above‑named A.B, has duly attended before the Court, and has been publicly examined as to his conduct, dealings, and property;

And whereas the Court is of opinion that the affairs of the said A.B. have been sufficiently investigated, it is hereby ordered that the examination of the said A.B. is concluded.

Dated this day of , 19 .

By the Court,

Registrar.

_______

No. 74.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

proposal for a Composition.

(Title.)

(a) To be signed by the debtor; in case of joint debtors to be signed in the firm name by such of the debtors as the official Receiver or Trustee shall require.

I, the above‑named debtor, hereby submit the following proposal for a composition in satisfaction of my debts:

1. That payment in priority to all other of my debts, of all debts directed to be so paid in the distribution of the property of a bankrupt shall, be provided for as follows:—

[Set out terms, of proposal so far as relate to preferential claims.]

2.That provision for payment of all the proper costs, charges, and expenses of and incidental to the proceedings, and all fees and percentages payable to the Official Receiver [or Trustee] shall be made in the following manner:—

[Set out proposal for provisions for fees, charges, costs, &c.]

3. That the following composition shall be paid as hereinafter mentioned on all provable debts:—

[Set out terms of composition.]

4. That the payment of the composition be secured in the following manner:—

[Set out full names and addresses of sureties (if any) and complete particulars of all securities intended to be given.]

Dated this day of , 19 .

(Signed) (a)

No. 75.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

proposal for a scheme.

(Title.)

(a) To be signed by the debtor; or in the case of joint debtors to be signed to the firm name by such of the debtors as the Official Receiver or Trustee shall require.

I, the above‑named debtor, hereby submit the following proposal for a scheme of arrangement of my affairs in satisfaction of my debts.

1. That—

[Set out terms of scheme.]

2. That payment in priority to all other of my debts of all debts directed to be so paid in the distribution of the property of a bankrupt is provided for as follows:—

[Set out, or indicate by reference to the scheme, how it is proposed to satisfy preferential claims.]

3. That provision for payment of all the proper costs, charges, and expenses of and incidental to the proceedings, and all fees and percentages payable to the Official Receiver [or Trustee], is made as follows:—

[Set out, or indicate by reference to the scheme, how it is proposed to provide for fees, costs, charges, &c.]

[Set out any other terms.]

Dated this day of , 19 .

Signed, (a)

_______

No. 76.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Report of Official Receiver to Creditors on proposal for Composition or Scheme and Voting Letter.

(Title.)

(See Form 35.)

The Official Receiver (or Trustee) of the above estate hereby reports:—

That the debtor has lodged with him a proposal for a composition, [or scheme] to be submitted to the creditors, of which the following, is a copy;—

[Here set out fully the terms of proposal.]

That the liabilities, as shown by the debtor’s statement of affairs, amount to the sum of £ , and the assets are estimated, by the debtor at the sum of £ after payment of preferential debts.

That the value of the assets is [fairly estimated by the debtor] [or, as the case may be.]

That the terms of the debtor’s proposal [set out observations on the proposal and the debtor’s conduct.]

Dated this day of , 19 .

Official Receiver (or Trustee)

Address.

________

No. 77.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Voting Letter.

(Title.)

(a) Insert here the word “for” or the word “against” as the case may require.

(b) Creditors may, if they think fit, authorize the Official Receiver to vote “against” the proposal now submitted, but “for” such amendment thereof as may be satisfactory to the Receiver.

I, , of , a creditor in the above matter for the sum of £ , hereby request the official Receiver of the said estate to record my vote (a) the acceptance of the proposal as set forth in the Report of the Official Receiver hereto annexed, and (b)/or any amendment thereof which or shall; in the opinion of the Official Receiver, be calculated to benefit the general body of the creditors.

Dated this day of , 19 .

Signature of Creditor,

Signature of Witness,

Address.

No. 78.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Resolution Accepting Composition.

(Title.)

Minutes of resolutions come to and proceedings had at a meeting of creditors held at this day of , 19 , , Chairman.

(a) Insert “unanimously” where the resolution is so carried.

Resolved as follows:—(a)

That the debtor’s proposal for a composition, as set forth in the annexed paper writing, marked “A”, be accepted.

[If the Official Receiver is not to be the trustee for the purpose of receiving and distributing the composition, add here resolutions appointing a trustee, and fixing his remuneration.]

F.K., Chairman.

Number.	Assenting Creditors’ Signatures.	Amount of Proof.			Number.	Dissenting Creditors’ Signatures.	Amount of Proof.

_______

No. 79.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

resolution Accepting a Scheme of Arrangement.

(Title.)

Minutes of resolutions come to and proceedings had at the first meeting of creditors held at this day of , 19 , , Chairman.

(a) Insert “unanimously” where the resolution is so carried.

Resolved as follows:—(a)

That the debtor’s proposal for a scheme of arrangement as set forth in the paper writing hereunto annexed, and marked with the letter “A,” be accepted.

That upon the Court approving this scheme of arrangement, Mr. of , shall be the trustee thereunder at [here state remuneration].

[Here add any further resolutions that may be come to respecting the administration of the property, the carrying on and disposal of the debtor’s business, &c., &c.]

F.K., Chairman.

Number.	Assenting Creditors’ Signatures.	Amount of Proof.			Number.	Dissenting Creditors’ signatures.	Amount of Proof.

No. 80

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application to Court [or Registrar in unopposed Cases] to appoint Day for Approving Composition or Scheme.

(Title.)

(a) Composition or scheme of arrangement.

(b) “Debtor” or “Official Receiver.” or “Trustee.”

Whereas at a meeting of creditors of the above‑named debtor, held at on the day of , 19 , a resolution to accept a (a) was duly passed by a majority in number representing three‑fourths in value of all the creditors who have proved their debts. Now the (b) applies to the Court [or registrar as the case may be] to fix a day for the consideration of the above‑mentioned (a)

The gross amount of the (c) on which the percentage fee will be payable is £ .

Dated this day of , 19 .

Debtor [or Official Receiver],

[or Trustee].

(Order.)

Upon reading the above application, and hearing , it is ordered that the application for the consideration, by the Court [or Registrar] of the above‑mentioned (a) shall be heard at on the day of , 19 , at o’clock in the noon.

Dated this day of , 19 .

By the Court,

Registrar.

________

No. 81.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application to Court [or Registrar] to Appoint Day for Approving Composition or Scheme in a Summary Case.

(Title.)

Whereas an order for the summary administration of the estate of the above‑named was made by the Court on the day of 19 .

(a) A composition or scheme of arrangement.

(b) “Debtor” or “Official Receiver”

And whereas at a meeting of creditors of the above‑named debtor, held at on the day of , 19 , a resolution to accept (a) was duly passed by a majority in number representing three‑fourths in value of all the creditors who have proved their debts.

Now the (b) applies to the Registrar to fix a day for the consideration of the above‑mentioned (a)

The gross amount of the (c) on which the percentage fee will be payable is £ .

Dated this day of , 19 .

Debtor [or Official Receiver],

(Order.)

Upon reading the above application, and hearing , it is ordered that the application for the consideration by the Court [or the Registrar] of the above‑mentioned (a) shall be heard at on the day of , 19 , at o’clock in the noon.

Dated this day of , 19 .

By the Court,

Registrar.

No. 82.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditors of Application to Court [or Registrar] to approve Composition or Scheme of Arrangement.

(Title.)

Take notice that application will be made to the above Court [or Registrar] sitting at on the day of , 19 , at o’clock in the noon, to approve the composition [or scheme of arrangement] as proposed by the said debtor and duly accepted by the statutory majority of the creditors at a meeting held on the day of , 19 .

Dated this day of , 19 .

Official Receiver [or Trustee].

________

No. 83.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditors of application to court [or Registrar] to approve Composition or Scheme of Arrangement in a Summary Case.

(Title)

Take notice that application will be made to the above Court [or the Registrar] sitting at on the day of , 19 , at o’clock in the to approve the composition [or scheme of arrangement] as proposed by the said debtor and duly accepted by the statutory majority of the creditors at a meeting held on the day of , 19 .

Dated this day of , 19 .

Official Receiver.

________

No. 84.

Commonwealth of Australia,

The Bankruptcy Act 1924‑1933.

Notice to Official Receiver of Application to Court [or Registrar] by Debtor to approve Composition or Scheme.

(Title.)

Take notice that application will be made to the Court [or Registrar] on the day of , 19 , at o’clock in the noon, to approve the composition [or scheme], accepted on the day of , 19 , by the statutory majority of creditors.

Dated this day of , 19 .

G.H.

No. 85.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order on Application to Approve Composition or Scheme.

(Title.)

On the application of , and on reading the report of the Official Receiver filed on the day of , and hearing the Official Receiver and , and the Court being, satisfied that the creditors in the above matter have duly accepted a composition [or scheme] in the following terms, namely [here insert terms if short; if not, insert, “in the terms contained in the paper writing marked A annexed hereto”], and [or after] being satisfied that the said terms, are reasonable and calculated to benefit the general body of creditors, and that the case is not one in which the Court would be required to refuse an order of discharge.

[and as the case may be]

And being satisfied

(a) that no facts have been proved which would justify the Court in refusing, qualifying, or, suspending an order of discharge,

(b) that facts have been proved which would justify the Court in refusing, qualifying, or suspending an order of discharge, but that, having regard to the nature of such facts, and the composition for scheme] providing reasonable security for payment of not less than shillings in the pound on all the unsecured debts provable against the debtor’s estate.

the said composition [or scheme] is hereby approved; and it is ordered—

That the order of sequestration of the bankrupt’s estate made on the day of , 19 , be and the same is hereby annulled;

and being satisfied that the said terms are not reasonable or calculated to benefit the general body of creditors, and [after, or], being satisfied

(a) That the case is one in which the Court would be required to refuse his discharge.

(b) That facts have been proved which would under the Act justify the Court in refusing, qualifying, or suspending the bankrupt’s discharge, the Court doth refuse to approve the said composition [or scheme].

Dated this day of , 19 .

By the Court,

Registrar.

_______

No. 86.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application for Enforcement of Provisions in a Composition or Scheme.

(Title.)

In the matter of a composition [or scheme of arrangement] made by A.B. of

I, F.M., of , do apply to this Court for an order for the enforcement of the provisions of the said composition [or scheme of arrangement] against , on the grounds set forth in the annexed affidavit.

Dated this day of , 19 .

F.M.

No. 87.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit in support of Application for Enforcement of Provisions of a Composition or Scheme.

(TITLE.)

In the matter of a composition [or scheme of arrangement] made by A.B., of

I, F.M., of , make oath and say:—

1. That I am interested in the said composition [or scheme of arrangement], having proved my debt as a creditor of the said A.B.

2. That [one of] the provisions of the said composition [or scheme of arrangement] is [or are] that [here set it or them out].

3. That has failed to comply with the said provisions [or as the case may be].

Sworn at, &c.

F.M.

_______

No. 88.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order for Enforcement of Provisions in a Composition or Scheme.

(Title.)

In the matter of it composition [or scheme of arrangement] made by A.B., of

Upon the application of F.M., of , and reading [here insert evidence], and upon hearing the Court being of opinion that the provisions of the said composition [or scheme of arrangement] mentioned in the said affidavit should be enforced, it is ordered that [here insert order].

Dated this day of , 19 .

By the Court,

Registrar.

Take notice that unless you obey the directions contained in this order, you will be deemed to have committed a contempt of Court.

__________

No. 89.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Certificate of Acceptance and Approval of Composition or Scheme.

(Title.)

I, hereby certify that a composition [or scheme of arrangement] between A.B., of , the above‑named debtor, and his creditors was duly accepted by the creditors and approved by the Court on the day of , 19 .

Dated this day of , 19 .

Registrar.

________

No. 90.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit in Support of Application to be Registered as Qualified to Act as a Trustee.

(Title.)

I, of in the State of being an applicant for registration as a person qualified to act as a trustee under the Bankruptcy Act 1924‑1933, make oath and say—

1. That on the day of 19 , I (or my solicitor on my behalf) gave notice to the Official Receiver of the District

of of my intention to apply to be registered as a person qualified to act as a trustee under the said Act.

2. That notice of my application appeared in the Commonwealth Gazette of the 19 and in the [here give name of local paper of which advertisement appeared] of the 19 .

3. That I reside in the Bankruptcy District of .

4. (The applicant should here state his educational qualifications.)

5. (The applicant should here set forth the extent of his experience in winding up estates or companies and in commerce or accountancy.)

6. (Applicant should state here what certificates or diplomas he holds.)

Sworn at in the State of this day of 19 .

________

No. 91.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Personal Bond of Trustee.

Know all men by these presents that I an applicant to be registered as qualified to act as a Trustee under the Bankruptcy Act 1924‑1933 am firmly bound to the Registrar of the Court at his successors in office and assigns in the sum of Two thousand pounds (£2000) to be paid to the said Registrar his successors in office and assigns for which payment I bind myself my executors and administrators by these presents.

The condition of this bond is such that if I shall be so registered and at any time or times shall be appointed to the office of Trustee and shall from time to time and at all times well and sufficiently perform and execute all and singular the duties required of me as Trustee by the shall Act or any amendment thereof or any rules or regulations made thereunder than this bond shall be void otherwise it shall remain in full force and effect.

Sealed with my seal this day

of One thousand nine hundred and .

Signed sealed and delivered by the said

in the presence of—

_________

No. 91a.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Form of Security.

(1) Fill in name and in the case of two sureties their occupations and in the case of a Company after the name add “a duly incorporated Company the registered office of which is at.........”

(2) Name of Trustee.

(3) Place of residence and occupation,

Know all men by these presents that (1)

[hereinafter called the surety/sureties] is/are firmly bound to the Registrar of the Court of Bankruptcy at his successors in office and assigns, in the sum of Two thousand pounds (£2000) to be paid to the said Registrar his successors in office and assigns for which payment the surety binds himself/sureties binds themselves jointly and severally by these presents.

The condition of this bond is such that if whenever and so often as (2) of (3) [hereinafter called the Trustee] a person who has applied to registered under the Bankruptcy Act 1924‑1933 as qualified to act as a Trustee under that Act, shall if he is appointed to an office of Trustee under the said Act fail neglect or omit faithfully to account for apply pay transfer or deliver up any sum of money or any property which shall come to his hands or possession or for which he shall be chargeable or accountable by virtue of his office of Trustee

or in consequence of his appointment to such office according to the said Act or any amendment thereof or any rules and regulations made thereunder the surety/sureties shall pay to the Registrar for the time being of the said Court or his assigns within forty‑two days after the making by the said Registrar or his assigns of a demand therefor all or any of the following amounts namely—

(1) an amount equal to the sum the Trustee has so failed neglected or omitted to account for apply pay transfer or deliver up;

(2) an amount equal to the value of the property the Trustee has so failed neglected or omitted to account for apply pay transfer or deliver up;

(3) any other amount which the Trustee is ordered to make good to any estate in consequence of such failure neglect or omission; and

(4) any amount incurred by the Commonwealth in ascertaining the loss sustained by any estate in consequence of such failure neglect or omission.

then the abovewritten bond shall be void otherwise it shall remain in full force and effect:

Provided always and it is hereby agreed and declared—

(1) that the total cumulative liability of the surety/sureties under this bond and under any bond previously given by the surety/sureties as security for the sufficient performance and execution by the Trustee of his duties as Trustee shall not in any event exceed Two thousand pounds (£2000) and every sum of money which during the currency of this bond shall be paid to the Registrar for the time being of the said Court or his assigns under this bond or under any bond previously given by the surety/sureties security for the sufficient performance and execution by the Trustee of his duties as Trustee or under the bond entered into by the Trustee pursuant to sub‑section (2.) of section 120 of the said Act shall be received by the said Registrar or his assigns in reduction of the said total liability whether the bond has been put in suit or not; and

(2) that the granting of time or any indulgence to or the exercise of any forbearance towards the Trustee by the Registrar his successors in office or assigns in respect of the performance by the Trustee of his duties as Trustee or the accounting for application payment transfer or delivery up at money or property which shall come to his hands or possession or for which he shall become chargeable or accountable by virtue of his office of Trustee or in consequence of his appointment to such office shall not in any way release the said surety or his executors or administrators or any of them/sureties or any of them their or any of their executors or administrators from any liability under the above‑written bond; and

(3) that the surety/sureties at any time make a request in writing to the Registrar to be discharged from his/its/their obligation under this bond and then and in such case the bond shall remain in force for a period of three calendar months after the receipt by the Registrar of the request but at the expiration of that period shall become void and of no effect but not so as to relieve or discharge the surety/sureties from any liability under the bond which occurred prior to the bond so becoming void and of no effect and his/its/their liability shall continue whether or not it was discovered and a demand made in respect thereof prior to the date of the termination of the bond.

Sealed with our seals this day of One thousand nine hundred and thirty‑ .

No. 92.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Certificate of Registration of Person as Qualified to act as a Trustee.

(Title.)

This is to certify that , of , in the State of , has been duly registered as qualified to act as a trustee under the Bankruptcy Act 1924‑1933.

Dated this day of , 19 .

Registrar.

_________

No. 93.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Acceptance of Appointment by Creditors as Trustee.

(Title.)

To the Registrar, District of

I, G.H., of , a person duly registered as qualified to act as a trustee under the Bankruptcy Act 1924‑1933, hereby accept the office of trustee of the estate of the above‑named bankrupt.

Dated the day of , 19 .

G.H.

________

No. 94.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Certificate of Appointment of Trustee by Creditors in a Bankrupt Estate.

(Title.)

This is to certify that G.H., of , has been duly appointed by the creditors as trustee of the property of whose estate was sequestrated on the day of 19 .

Dated this day of , 19 .

Registrar.

________

No. 95.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notification to Court by Creditors of their Objection to Trustee.

(Title.)

We, the undersigned, being one‑sixth in value of the creditors of the above‑named A.B., do hereby notify to the Court our objection to the appointment of C.D. as trustee of the property of the bankrupt upon the following grounds: [Here state grounds of objection].

Dated this day of , 19 .

Signature of creditors. Amount of debt.

E.F.

G.H.

K.L.

etc.

No. 96.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Trustee under Section 153.

(Title.)

Take notice that at a meeting of creditors, to be held on the day of , 19 , a resolution will be proposed that you shall be removed from the position of trustee.

Dated this day of , 19 .

Official Receiver.

_______

No. 97.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Report to the Registrar of Non‑Appointment of Trustee.

Office of the Official Receiver in Bankruptcy, 19 .

Report of Non‑appointment of Trustee.

Re No. of 19 .

It is reported to the Court as follows:—

1. That the said was duly made bankrupt on the day of , 19 .

2. That a trustee has not been appointed by the creditors.

Or,

(a) State here how vacancy occurred.

1. That a vacancy has occurred in the Office of trustee in this bankruptcy, Mr. , of , the trustee, having (a)

2. That no person to fill the vacancy has yet been appointed by the creditors.

Dated this day of , 19 .

Official Receiver.

______

No. 98.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Admission of Debt by Debtor of Bankrupt.

(Title.)

In the matter of A.B. of , a bankrupt.

I, the undersigned J.K., of , do hereby admit that I am indebted to the said bankrupt in the sum of pounds, upon the balance of accounts between myself and the said bankrupt.

Dated this day of , 19 .

J.K.

Witness,

C.D., Registrar,

[Official Receiver].

________

No. 99.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order to Pay Admitted Debt.

(Title.)

Whereas J.K., of , in his examination taken this day, and signed and subscribed by him, has admitted that he is indebted to the said debtor in the sum of pounds, on the balance of accounts between him and the

debtor; it is ordered that the said J.K. to pay to the trustee of the property of the debtor, in full discharge of the sum so admitted, the sum of , pounds, forthwith [or if otherwise, state the time and manner of payment], and do further pay to the said trustee the sum of pounds for costs.

Dated this day of , 19 .

By the Court,

Registrar.

No. 100.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Bankrupt under Section 101.

(Title.)

To A.B.,

Take notice that I intend to apply to this Court on the day of , 19 , at o’clock in the noon for an order under section 101 of the Bankruptcy Act 1924‑1933 for the payment of a part of your salary [or income or as the case may be], to me as trustee for the benefit of the creditors under your bankruptcy.

You are at liberty to show cause against the order being made.

Dated this day of , 19 .

G.H., Trustee.

________

No. 101.

Commonwealth of Australia..

The Bankruptcy Act 1924‑1933.

Notice of Application to Set Aside Income of Separate Property of Bankrupt Married Woman.

(Title.)

Take notice that I intend to apply to this Court on the day of , 19 , at o’clock in the noon for an order pursuant to section 102 of the Bankruptcy Act 1924‑1933 that the whole, or such part as the Court may determine of the income of the separate property of the said A.B. arising under an Indenture of Settlement dated the day of , and made between and [or and the case may be], notwithstanding the restraint on anticipation to which such income is subject, may be paid to me as trustee for distribution among the creditors.

Dated this day of , 19 .

Trustee.

_______

No. 102.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order Setting Aside Pay, Salary, etc., under Section 101.

(Title.)

Whereas it appears to the Court that the said bankrupt is [or, here state what the bankrupt is], and as such is in the enjoyment of the annual pay [or salary or as the case may be] of pounds; and whereas upon the application of G.H., of , the trustee of the property of the bankrupt, it appears to the Court just and reasonable that the annual sum of pounds, portion of the said pay [or salary or as the case may be] ought to be paid to the said trustee during the bankruptcy, in order that the same may be applied in payment of the debts of the said bankrupt, and that such payment ought to be made out of the first moneys which shall be due after the day of , 19 , and be continued until this Court shall make order to the contrary; it is ordered that such portion of the [here insert pay or salary or as the case may be] shall be paid to the trustee accordingly.

Dated this day of , 19 .

By the Court,

Registrar.

No. 103.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order for Payment to Trustee in Bankruptcy of Income or Separate Property of Bankrupt Married Woman, notwithstanding Restraint on Anticipation.

(Title.)

Whereas it has been made to appear to this Court that the bankrupt under and by virtue of an Indenture of Settlement, dated the day of , and made between and [or as the case may be] is, entitled to separate property, the income whereof is subject to a restraint on anticipation; and whereas upon the application of the trustee in the bankruptcy, and having regard to the means of subsistence available for the bankrupt and her children it appears to the Court just and reasonable that the whole for the annual sum of £ part] of such income should be paid to the trustee in bankruptcy during the bankruptcy for distribution among the creditors by equal monthly [or quarterly or half‑yearly] payments of £ , and that the first of such payments ought to be made on the day of , 19 , and be continued monthly [or quarterly or half‑yearly] until this Court shall make order to the contrary. It is ordered that the said income [or part of income] shall be paid by to the trustee in the bankruptcy in manner aforesaid.

Dated this day of , 19 .

By the Court,

Registrar.

________

No. 104.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Intention to Disclaim Lease.

(Title.)

Take notice that I intend to disclaim the lease dated , whereby [here specify property let], was let to the above named debtor at a rent of £

If you do not within fourteen days after service of this notice upon you require me by notice in writing to bring this matter before the court, I hereby disclaim the said lease as from the expiration of the said fourteen days.

Dated:

To Mr. X.Y.

G.H. [Trustee.]

_______

No. 105.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Landlord of Intention to Disclaim Leasehold Property not Sublet or Mortgaged.

(Title.)

(a) Lease or tenancy, as the case may be.

(b) Here specify property let.

Take notice that I intend to disclaim the (a) dated whereby (b) was let to the above‑named bankrupt at a rent of £

If you require the matter to be brought before the Court, you must give notice thereof to me in writing within fourteen days of the receipt by you of this notice.

Dated this day of , 19 .

Trustee.

To Address

The landlord of the above‑mentioned

property.

No. 106.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Intention to Disclaim Leasehold Property Sublet or Mortgaged.

(Title.)

(a) Here insert particulars of demised property.

(b) The above‑named bankrupt, or as the case may be.

Take notice that I intend to disclaim the lease dated whereby (a) was let to (b) at a rent of £

If you require the matter to be brought before the Court, you must give notice thereof to me in writing within fourteen days of the receipt by you of this notice.

Dated this day of , 19 .

Trustee.

To Mr. Address

The landlord of the above‑mentioned

premises and

To Mr.

The mortgagee or sub‑tenant.

__________

No. 107.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Disclaimer.

(Title.)

(a) Lease dated the or as the case may be

(b) Insert description of the property.

(d) Insert names and addresses of persons to whom notice is given.

I, , the trustee of the property of the above‑named bankrupt, hereby disclaim the (a) of the premises (b) which were let to the above‑named bankrupt (c) at a rent of £ per

Notice of this disclaimer has been given to (d)

Dated this day of , 19 .

Trustee.

Address

_________

No. 108.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Disclaimer of Leasehold Property after Notice to Landlord, mortgagees, etc.

(Title.)

(a) Here insert names and addresses of persons to whom notice given.

(b) Here insert particulars of demised property.

Pursuant to notice dated the day of addressed to (a) I, the trustee of the property of the above‑named bankrupt, hereby disclaim the lease dated the day of , whereby (b)

were let to (c) at a rent of £ for a term of

Dated this day of , 19 .

Trustee.

Address

No. 109.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Disclaimer of Lease with Leave of Court.

(Title.)

(a) Insert description of the property disclaimed.

Pursuant to an order of Court dated the day of , 19 ,

I, the trustee of the property of the above‑named bankrupt, hereby disclaim all interest in the lease dated the day of , 19 , whereby the premises (a) were demised to at a rent of £ per annum for a term of

Notice of this disclaimer has been given to

Dated this day of , 19 .

, Trustee.

[Address.]

_______

No. 110.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Disclaimer without the Leave of the Court.

(Title.)

(a) The lease dated the day of or as the case may be.

(b) Insert description of property disclaimed.

(d) Add where necessary “pursuant to notice dated the day of 19 .”

Take notice that, by writing under my hand, bearing date the day of 19 , I, , the trustee of the property of the above‑named bankrupt, disclaimed (a) of the premises known as (b) which were let to (c) at a rent of £ per (d)

The above‑mentioned disclaimer has been filed in Court with the proceedings in the bankruptcy.

Your attention is directed to the provisions of s. 104 of the Bankruptcy Act 1924‑1933 printed on the back hereof.

Dated this day of , 19 .

, Trustee.

[Address.]

________

No. 111.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Disclaimer of Lease with Leave of Court.

(Title.)

Take notice that, pursuant to an order of Court dated the day of , 19 , I, , the trustee of the property of the above‑named bankrupt, by writing under my hand bearing date the day of disclaimed all interest in the lease dated the day of , 19 , whereby the premises were demised to at a rent of £ per annum for a term of

The above‑mentioned disclaimer has been filed in Court with the proceedings in bankruptcy.

Dated this day of , 19 .

, Trustee.

To [Address.]

No. 112.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Form of Notice by Landlord on other Person requiring Trustee to bring matter of intended Disclaimer of Property burdened with onerous Covenants before the Court.

(Title.)

To Mr.

Trustee of the property of the above‑named bankrupt.

Sir,

I hereby give you notice that the said bankrupt was, at the date of the sequestration order, interested as lessee [or, as the case may be] in the property described in the schedule to this notice, and that as such lessee [or, as the case may be] the bankrupt was liable in respect of [set out nature of the bankrupt’s liability] which liability has devolved on you as trustee in bankruptcy of his property, and I hereby require you to bring the matter of your intended disclaimer of the bankrupt’s interest in the said property before the Court.

I am, etc.,

(Signed) A. B ,

[State how interested in the property.]

Schedule to Notice when given by Lessor.

Date or Lease.	Names, Addresses, and Descriptions of Parties to Lease	Full Description of Property leased.	Term and Rent.	Date of Assignment to Bankrupt (If any).	Names and Addresses of Parties to Assignment (if any).	Particulars of any Notices of Mortgage of Lease by Bankrupt.

Schedule to Notice when given by Mortgage or Assignee.

Date of Lease.	Names and Addresses of Parties to Lease.	Description of Property leased.	Term and Rent.	Date of Mortgage.	Names and Addresses of Parties to Mortgage.	Term conveyed by mortgage.	Amount secured by Mortgage.	Particulars of any Transfer of Mortgage, with Dates and Names and Descriptions of Parties thereto.

No. 113.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application for Directions by Trustee.

(Title.)

I desire to make application to the Court for its direction [here state the particular matter in relation to which they are sought.]

Trustee.

Let this application be heard on the day of , 19 , at o’clock in the noon, and let the trustee give notice to the Official Receiver. [Here insert any other persons to whom it is to be given.]

Dated this day of , 19 .

Registrar.

________

No. 113a.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order on Application of Trustee for Directions.

(Title.)

Whereas at a Court held this day the trustee of the property of the bankrupt applied to this Court for its directions [here state the particular matter in relation to which they are sought]. Now upon hearing of C.D., of , on the matter, it is ordered [here set out the order], and that the trustee do pay out of his own moneys [or out of the property of the bankrupt] the sum of , the costs of this order, and the sum of to C.D. for his costs [or as the Court directs].

Dated this day of , 19 .

By the Court,

Registrar.

No. 114.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Statement to Accompany Notice of Dividend (or Application for Release).

(Title.)

Statement showing position of estate at date of declaring first dividend or at date of application for release, as the case may be.

Dr. Cr.

—	Estimated to Produce per Debtor’s Statement.			Receipts.			—	Payments.
	£	s.	d.	£.	s.	d.		£.	s.	d.
To receipts from date of (sequestration, assignment, or as case may be), viz.:— (Here give particulars under the headings specified in the debtor’s statement of affairs) and also— Book debts collected by trustee........... Book debts collected by agent of trustee..... Other receipts, viz.:—							By— Taxed costs of petition or deed (or as case may be), Other law costs......... Trustee remuneration..... Costs of securing and protecting assets Special Manager’s or Agent’s charges Postage, stationery, printing, fees, etc. Allowance to debtor..... Payments per trading account (if any) Amounts paid to secured creditors (if any) Preferential creditors..... Dividend of s. d. In the £ on £ Total................

Receipts per trading account (if any)
Total..........................................

Assets not yet realized estimated to produce £ .

(Add here any special remarks trustee thinks desirable.)

Creditors can obtain any further information, by inquiry at the office of the Official Receiver (or trustee).

Dated this day of , 19 .

Official Receiver (or Trustee).

(Address.)

__________

No. 115.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933

Certified List of Proofs filed under Rules 251 and 252.

(Title.)

I hereby certify that the following is a correct list of all proofs of debt received by me but not previously filed. The proofs “admitted” and “rejected” are forwarded herewith for filing, and are recorded on the list under their

respective headings. Those proofs “receiving further consideration”, and therefore not filed are distinguished.

Official Receiver or Trustee.

Dated this day of , 19 .

To The Registrar.

List.

No.	Surname.	Christian Name.	Amount of proof.

________

No. 116.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditors of Intention to Declare Dividend.

(Title.)

(a)* Insert here “first” or “second,” or “final” or as the case may be.

(b)* Insert date of sequestration, assignment or deed of arrangement, as the case may be.

A (a) dividend is intended to be declared in the above matter. You are mentioned in the debtor’s statement of affairs, but you have not yet proved your debt.

If you do not prove your debt by the day of , 19 , you will be excluded from this dividend.

Dated this (b)* day of , 19 .

G.H., Trustee,

To X.Y. [Address.]

______

No. 117.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Persons Claiming to be Creditors of Intention to Declare Final Dividend.

(Title).

Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the Court on or before the day of , 19 , or such later day as the Court may fix, I shall proceed to make a final dividend without regard to such claim.

Dated this day of , 19 .

G.H., Trustee,

To X.Y. [Address.]

* Semble, the marginal note should be omitted.

No. 118.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditor of Intention to pay Composition.

(Title.)

(a) Insert date of sequestration, assignment, or deed of arrangement, as the case may be.

Notice is hereby given that a composition is intended to be paid in the above matter.

Your name is included in the list of creditors in the debtor’s statement of affairs, but you have not yet proved your debt.

The last day for receiving proofs is the day of , 19

Dated this (a)* day of , 19 .

Official Receiver [or Trustee.]

_______

No. 119.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Dividend.

(Title.)

[Please bring this Dividend Notice with you.]

Dividend of in the £.

[Address.]

Date , 19 .

Notice is hereby given that a dividend of in the pound has been declared in this matter, and that the same may be received at office, as above, on the day of , or on any subsequent between the hours of ,

Upon applying for payment, any bills of exchange, promissory notes, or other negotiable instruments or securities held by you must be produced.

Official Receiver (or Trustee).

19 .

Receipt.

Received from the Official Receiver [or Trustee] the sum of pounds shillings pence, being the amount payable to in respect of the dividend of in the £1 on claim against this estate.

Creditor’s Signature.

_____________

£ : :

____________

[Authority.]

, 19 .

Please transmit to me (us) by post at my (our) risk, or deliver to the bearer, Mr. the cheque for the dividend payable to me (us) in the matter.

Creditor’s Signature.

* Semble, the marginal note should be omitted.
No. 119a.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Authority to Trustee to Pay Dividends to Another Person.

(Title.)

(a) Strike out words inapplicable.

To the Trustee

Sir,

I/we hereby authorize and request you to pay to M , of , all dividends as they are declared in the above‑named matter, and which may become due and payable to me/us in respect of the proof of debt for the sum of £ , against the above estate made by me/us (or by , on my/our behalf), (a)

It is understood that this authority is to remain in force until revoked by me/us in writing.

Witness to the signature of

Signature

Date

______

No. 120.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application by Creditor for Order for Trustee to Pay Dividend Withheld and Order thereon.

(Title.)

I, F.K., of , make application to this Court for an Order to be made upon the trustee to pay the dividend in this bankruptcy due to me, with interest thereon for the time it has been withheld from me, that is to say, from the day of , 19 , on which day I applied to the trustee for its payment to me, and also to pay to me the costs of this application.

Dated this day of , 19 .

F.K.

Order.

Upon reading this application and upon hearing it is ordered that the trustee do forthwith pay to the said. F.K. the sum of pounds, the amount of such dividend.

And it is further ordered that the trustee do pay to the said creditor at the same time the sum of , for interest on such dividend, being at the rate of £ per cent. per annum for the time that its payment has been withheld, together with a further sum of for the costs of this application.

Dated this day of , 19 .

By the Court,

Registrar.

(If the Court does not order payment, then, after the words “It is ordered that” insert the order made.)

No. 121.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Cash Book.

In the Estate of W.F.

Dr.
Date.	—	Receipts.			Bank.
19 .		£	s.	d.	£	s.	d.
Aug.14	To cash received from Debtor.................................	5	0	0
	„ Balance Debtor’s Bank Account ...........................	39	14	6	44	14	6
Sept. 7	„ Deposit on sale of stock in trade ...........................	35	0	0	35	0	0
„ 10	„ Balance—Sale of stock in trade per T. and Co..................	316	18	0	316	18	0
,, 12	„ Sale of household furniture by auction.......................	57	10	0	57	10	0
,, 14	„ Book Debt—paid by J.B.................................	4	15	0	..
	„ Book Debt—paid by E.S.................................	6	10	0	11	5	0
Oct. 10	„ Sale of balance of book debts to P.J.R........................	97	10	0	97	10	0
		562	17	6	562	17	6

..............Bank. Cr.

Date.	—	Disbursements.			Cheque No.	Bank.
19 .		£	s.	d.		£	s.	d.
Aug. 20	By Allowance to Debtor.........................	3	0	0	1	3	0	0
Sept. 8	„ Taxed costs of sequestration ..................	17	9	0	2	17	9	0
„ 9	„ Expenses of stocktaking .....................	7	10	0	3	7	10	0
„ 10	„ Rent for period 14th Aug. to 3rd Sept.............	12	0	0	4	12	0	0
	„ Advertising—Sequestration ...................	1	15	0
	,, Postages................................	1	10	0
	„ Court fees...............................	0	17	6	5	4	2	6
Oct. 12.	„ Percentage to Treasury ......................	5	11	0	6	5	11	0
	„ Auctioneer’s costs on sale of furniture ............	5	10	0	7	5	10	0
„ 14	„ Trustee’s remuneration......................	25	10	0	8	25	10	0
	„ Advertising dividend .......................	1	15	0	9	1	15	0
	„ Postages dividend..........................	0	5	0
	„ Stationery dividend.........................	0	4	0
	„ Court fees dividend ........................	0	7	0	10	0	16	0
	„ Bank charges and cheques ....................	0	12	6		0	12	6
Nov. 1	„ Dividend—first and final
	T.S......................................	250	0	0	11	250	0	0
	A.B......................................	100	0	0	12	100	0	0
	P.W......................................	83	15	9	13	83	15	9
	J.R............................................	30	0	0	14	30	0	0
	J.J............................................	10	0	0	15	10	0	0
	W.B..........................................	5	5	9	16	5	5	9
	W.B..........................................	562	17	6.		562	17	6

No. 122.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit Verifying Trustee’s Account.

(Title.)

I, G.H., of , the trustee of the property of the above‑named bankrupt, make oath and say:—

1. That *the account hereunto annexed marked B contains a full and true account of my receipts and payments on account of the debtor’s estate from the day of to the day of inclusive,

*and that I have not, nor has any other person by my order or for my use during such period, received or paid any moneys on account of the said estate

*other than and except the items mentioned and specified in the said account.

2. That all dividends and moneys which as trustee I am required to pay into the Bankruptcy Estates Account in pursuance of Section 208 of the Bankruptcy Act have been paid thereinto by me.

Sworn at, &c.

* Note.—If no receipt or payment, strike out the words in italics.

__________

No. 123.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Trustee’s Trading Account.

(Title.)

G.H., the trustee of the property of the bankrupt, in account with the estate.

Receipts. Payments.

Dr. Cr.

Date

G.H., Trustee.

(Date)

I have examined this account with the vouchers, and find the same correct, and I am of opinion the expenditure has been proper.

Dated this day of , 19 .

No. 124.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Profit and Loss Account (Trading Account).

(Title.)

Profit and Loss Account.

Dr.

Cr.

Stock on hand on day of 19..

Purchases.................

Trade expenses, viz.:

Rent and Taxes ............

Wages ..................

Miscellaneous..............

Sales ........................

Other receipts, if any .............

Stock on hand on day of 19.........

Balance being profit...........

G.H., Trustee.

(Date)

________

No. 125.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit Verifying Trustee’s Trading Account.

(Title.)

I, G.H., of , the trustee of the property of the above‑named debtor, make oath and say that the account hereto annexed is a full, true, and complete account of all money received and paid by me or by any person on my behalf in respect of the carrying on of the trade or business of the debtor, and that the sums paid by me as set out in such account have, as I believe, been necessarily expended in carrying on such trade or business.

Sworn. &c.

G.H., Trustee.

_________

No. 126.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Statement of Accounts under Section 143 of the Act.

(Title.)

Receipts.				Payments.
Date.	Of whom received.	Nature of Receipt.	Amount.	Date.	To whom paid.	Nature of Payment.	Amount.

Signature

Dated this day of , 19 .

No. 127.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit by Special Manager.

I, , of , make oath and say as follows:—

1. The account hereunto annexed marked with the letter A, produced and shown to me at the time of swearing this my affidavit, and purporting to be my account as special manager of the estate or business of the above‑named debtor, contains a true account of all and every sums and sum of money received by me, or by any other person or persons by my order or to my knowledge or belief for my use on account or in respect of the said estate or business.

2. The several sums of money mentioned in the said account hereby verified to have been paid or allowed have been actually and truly so paid and allowed (for the several purposes in the said account mentioned.

3 The said account is just and true in all and every the items and particulars therein contained according to the best of my knowledge and belief.

Sworn, etc.

_______

No. 128.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditors of Intention to Apply Release.

(Title.)

Take notice that I, the undersigned trustee [or late trustee] of the property of the bankrupt, intend to apply to the Court on the day of 19 , for my release, and further take notice that any objection you may have to the granting of my release should be notified to the Registrar in writing within twenty‑one days of the date hereof.

A summary of my receipts and payments as trustee is hereto annexed. Your attention is directed to the note at the foot hereof.

Dated this day of , 19 .

G.H., Trustee.

Note.—Section 151 (4) of the Bankruptcy Act 1924‑1933 provided that “An order of the Court releasing the trustee shall discharge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.”

________

No. 129.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application by Trustee to the Court for Release.

(Title.)

I, G.H., the trustee of the property of the bankrupt, do hereby report to the Court as follows:—

1. That the whole of the property of the bankrupt has been realized for the benefit of his creditors [and a dividend to the amount of shillings in the pound has been paid as shown by the statement hereunto annexed];

[or That so much of the property of the bankrupt as can, according to my opinion, be realized without needlessly protracting the bankruptcy, has been realized, as shown by the statement hereunto annexed, and a dividend to the amount of has been paid];

[or that a composition [or scheme] under section 71 of the Act has been duly approved by the Court].

2. I therefore request the Court to cause a report on my accounts to be prepared, and to grant me a certificate of release.

Dated this day of , 19 .

G.H., Trustee.

No. 130.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application to Annul Sequestration under Section 124.

(Title.)

I, R.S., of , being interested in this matter do hereby make application to the Court that the order of sequestration against A.B. be annulled [here state grounds of application].

Dated this day of 19 .

R.S.

_______

No. 131

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Official Receiver and Trusted of Application for Annulment on Payment of Debts in Full.

(Title.)

The bankrupt having applied to the Court for annulment of the order of sequestration made against him on the ground that , the Court has fixed the day of , 19 , at o’clock in the noon at for hearing the application.

Dated this day of , 19 .

Registrar.

To the Official Receiver, and. Mr. , trustee of the estate of the bankrupt.

_______

No. 132.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order under Section 124 Annulling Sequestration Order.

(Title.)

On the application of R.S., of , and on reading and hearing , it is ordered that the order of sequestration dated against A.B., of , be and the same is hereby annulled.

Dated this day of , 19 .

By the Court,

Registrar

______

No. 133.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application for Order of Discharge.

(Title.)

I, A.B., of , against whom a sequestration order was made on the day of , 19 , being desirous of obtaining my discharge, hereby apply to the Court to fix a day for hearing my application.

My public examination was held on the day of , 19 .

Annexed hereto is the certificate of the Official Receiver or trustee certifying the number and names and addresses of my creditors who have proved their debts.

Dated this day of , 19 .

(Signed) A.B.

To the Registrar of the Court.

No. 134.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Certificate of Number of Creditors to be Notified (Discharge).

(Title.)

I certify that the creditors of the above bankrupt who require to be notified of his intention to apply for his discharge are in number, and that their names and addresses are as follows:—

Dated this day of , 19 .

G.H., Official Receiver or Trustee.

_______

No. 135.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Official Receiver and Trustee of Application for Discharge.

(Title.)

The bankrupt having applied to the Court for his discharge, the Court has fixed the day of 19 , at o’clock in the noon at for hearing the application.

Dated this day of , 19 .

Registrar.

To the Official Receiver,

and Mr. ,

trustee of the estate

of the bankrupt.

_______

No. 136.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice to Creditors of Application for Discharge.

(Title.)

Take notice that the above‑named bankrupt has applied to the Court for his discharge, and that the Court has fixed the day of , 19 , at o’clock, for hearing the application.

Dated this day of , 19 .

Note.—Any creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Receiver’s report (to be filed in Court ten days before date of hearing) shall give notice of the intended opposition, stating the grounds thereof to the Official Receiver and the debtor not less than two days before the hearing of the application.

_______

No. 137.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order Granting Discharge Unconditionally Where No Facts or Offences Proved.

On the application of A.B., of, &c., who became a bankrupt on the day of , 19 , and upon taking into consideration the report of the Official Receiver as to the bankrupt’s conduct and affairs including the bankrupt’s conduct during the proceedings under his bankruptcy, and being satisfied that the bankrupt should be granted a discharge [and upon hearing the Official Receiver, and C.D., E.F., &c., creditors, and G.H., the trustee, as the case may be]:

And whereas it has not been proved that the bankrupt has committed any offence under the Bankruptcy Act 1924‑1933 or any other offence connected with his bankruptcy, and proof has not been made of any of the facts mentioned in section 119 (7) or section 120 of the Bankruptcy Act 1924‑1933 or that the bankrupt has been guilty of any misconduct in relation to his property and affairs.

It is ordered that he be and he hereby is discharged.

Dated this day of , 19 .

By the Court,

Registrar.

No. 138.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order Refusing Discharge.

(Title.)

On the application of A.B., of, &c., who became a bankrupt on the day of , 19 , and upon taking into consideration the report of the Official Receiver as to the bankrupt’s conduct and affairs, including the bankrupt’s conduct during the proceedings under his bankruptcy, and upon hearing the Official Receiver, and [state the other parties who appeared].

And whereas it has been proved that the bankrupt ban committed the following offences.

[Here state particulars.]

Or,

And whereas it has not been proved that the bankrupt has committed any offence under the Bankruptcy Act 1924‑1933 or any other offence connected with his bankruptcy; but proof has been made of the following facts under section 119 (7) (or/(and section 120) of the Bankruptcy Act 1924‑1933.

[Here state particulars.]

or/and that he has been guilty of misconduct in relation to his property and affairs, namely;

[Here state particulars.]

It is ordered that the bankrupt’s discharge be and it is hereby refused.

Dated this day of , 19 .

By the Court,

Registrar.

__________

No. 139.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order Suspending Discharge.

(Title.)

On the application of

[Commencement as in Form 137.]

And whereas it has not been proved that the bankrupt has committed any offence under the Bankruptcy Act 1924‑1933 or any other offence connecter with his bankruptcy [or it has been proved that the bankrupt has committed the following offences, namely [set them out], but the Court has for the following special reasons [state them] determined that his discharge shall not on that ground be absolutely refused]; but proof has been made of the following facts under sub‑section (7) of section 116 (or/(and section 120) of the said Act.

[Here state particulars.]

or/and that he has been guilty of misconduct in relation to his property and affairs, namely,

[Here state particulars.]

It is ordered that the bankrupt’s discharge be suspended until a dividend of not less than shillings in the pound has been paid to the creditors, with liberty to the bankrupt at any time after the expiration of from the date of this order to apply for a modification thereof, pursuant to the said Act.

Or,

It is ordered that the bankrupt’s discharge be suspended for and that he be discharged as from the day of , 19 .

Dated this day of , 19 .

By the Court,

Registrar.

No. 140

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Discharge where only Fact Proved that Assets not Equal to 10s. in £.

(Title.)

On the application of

[Commencement as in Form 137.]

And whereas it has not been proved that the bankrupt has committed any offence under the Bankruptcy Act 1924‑1933 or any other offence connected with his bankruptcy, and whereas the only fact under sub‑section (7) of section 119 of which proof has been made is the fact that the bankrupt’s assets are not of a value equal to ten shillings in the pound on the amount of his unsecured liabilities.

It is ordered that the bankrupt’s discharge be suspended for and that he be discharged as from the day of , 19 .

Dated this day of , 19 .

By the Court,

Registrar.

____________

No. 141.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order on Completion of Period of Suspension.

(Title.)

Whereas the estate of A.B., of was by order dated the day of 19 , sequestrated for the benefit of his creditors, and his conduct and affairs having been duly inquired into, and this Court being satisfied that he should be granted a discharge it is ordered that the said A.B., of be and he is hereby discharged.

Dated this day of , 19 .

By the Court,

Registrar.

__________

No. 142.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Discharge subject to Conditions as to Earnings, After‑Acquired Property and Income.

(Title.)

On the application of

[Commencement as in Form 137.]

(a) This recital to follow the other forms with necessary variations.

And whereas it has not been proved (a)

It is ordered that the bankrupt be discharged subject to the following conditions as to his future earnings, after acquired property, and income.

After setting aside out of the bankrupt’s earnings, after acquired property, and income yearly the sum of £ for the support of himself and his

family, the bankrupt shall pay the surplus if any [or such portion of such surplus as the Court may determine], of such earnings, after acquired property, and income to the Official Receiver [or Trustee] for distribution among the creditors in the bankruptcy. An account shall, on the 1st day of July, in every year, or within fourteen days thereafter, be filed in these proceedings by the bankrupt, setting forth a statement of his receipts from earnings, after acquired property, and income during the year immediately preceding the said date, and the surplus payable under this Order shall the paid by the bankrupt to the Official Receiver [or Trustee] within fourteen days of the filing of the said account.

Dated this day of , 19 .

By the Court.

Registrar.

____________

No. 143.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Discharge subject to a Condition requiring the Bankrupt to Consent to Judgment being Entered up Against Him.

(Title.)

[Commencement as in Form 137.]

On the application of

It is ordered that the bankrupt be discharged subject to the following condition to be fulfilled before his discharge takes effect, namely, he shall, before the signing of this Order, consent to judgment being entered against him in the Court by the Official Receiver [or Trustee] for the sum of £ , being the balance [or part of the balance] of the debts provable in the bankruptcy which in not satisfied at the date of this Order, and £ costs of judgment.

And it is further ordered, without prejudice and subject to any execution which may be issued on the said judgment with the leave of the Court, that the said sum of £ be paid out of the future earnings or after acquired property of the bankrupt in manner following, that is to say, after setting aside out of the bankrupt’s earnings and after acquired property a yearly sum of £ for the support of himself and his family, the bankrupt shall pay the surplus, if any [or such portion of such surplus as the Court may determine], to the official Receiver [or Trustee] for distribution among the creditors in the bankruptcy. An account shall on the 1st day of July in each year, or within fourteen days thereafter, be filed in these proceedings by the bankrupt setting forth a statement of his receipts from earnings, after‑acquired property and income during the year immediately preceding the said date, and the surplus payable under this Order shall be paid by the bankrupt to the Official Receiver [or Trustee] within fourteen days of the filing of the said account.

And it is further ordered that upon the required consent being given judgment may be entered against the bankrupt in the Court for the said sum of £ together with for costs of judgment.

Dated this day of , 19 .

By the Court,

Registrar

__________

No. 144.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Consent of Bankrupt to Judgment being Entered for Balance or Part of Balance of Provable Debts.

I, A.B., of , the above‑named bankrupt, do hereby consent to judgment being entered against me in the [here state Court in which judgment to be entered] by the or trustee for the sum of £ , being the balance or part of the balance of the debts provable under my bankruptcy which is not satisfied at the date of my discharge; but this consent is subject to the provision contained in the Act, with regard to the issue of execution on such judgment.

Dated this day of , 19 .

(Signed) A.B.

No. 145.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Judgment to be Entered pursuant to the Consent.

(a) State Court in which Judgment entered.

In the (a) 19 . No. Between and

And in the matter of the bankruptcy of the said A.B.

The day of , 19 .

Pursuant to the order of the Court in Bankruptcy dated the day of , 19 , whereby it was ordered that [Recite substance of Order.]

And the consent mentioned in the said order having been given and filed in the matter of the said bankruptcy.

It is this day adjudged that the recovers against the said £ , together with for costs of judgment.

Dated this day of , 19 .

G.F.,

Solicitor for

___________

No. 140.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Bankrupt, whose Discharge has been Granted Conditionally as to After‑acquired Property or Income.

(Title.)

I, , the above‑named debtor, make oath and say as follows:—

1. I have since the date of my discharge resided and carried on business at , and I now reside and carry on business at .

2. The statement hereto annexed is a full, true, and complete account of all moneys earned by me and of all property and income acquired or received by me since the date of my discharge [or, since the date when I last filed a statement of after‑acquired property and income in Court, namely the day of , 19 ].

Sworn at, &c.

(Signature of Debtor.)

No. 147.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Request to Deliver Bill for Taxation.

(Title.)

I hereby request that you will within seven days of this date or such further time as the Court may grant, deliver to me for taxation by the taxing officer your bill of costs [or charge] as [here state capacity in which person employed or engaged], failing which I shall, in pursuance of the Act and the rules, proceed to declare and distribute a dividend without regard, to any claim you may have against me or against the estate of the debtor.

Dated this day of , 19 .

G.H. [Trustee].

No 148.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Allocatur

(Title.)

I hereby certify that I have taxed the bill of coats [or charges or expenses] of Mr. C.D. [here state capacity in which employed or engaged] [where necessary add “pursuant to an order of the Court dated the day of , 19 ” or the rules as the case may be], and have allowed the same at the sum of pounds shillings, and pence [where necessary add “which sum is to be paid to the said C.D. by as directed by the said order”].

Dated this day of , 19 .

[Taxing Officer].

______________

£ : :

__________

No. 149.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Certificate for Costs.

(Title.)

I hereby certify—

(1.) That I have taxed the bill of costs of Mr. , the debtor’s solicitor, for herein, and have allowed the same at the sum of pounds shillings and pence.

(2.) That the deposit of pounds paid to the Official Receiver on the filing of the petition is included in the above‑mentioned sum.

(3.) That credit has been given in the said Bill for the sum of received on account of such costs.

Dated this day of , 19 .

£—————

[Taxing Officer.]

____________

No. 150.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Warrant of Attachment.

(Title.)

Re of in the District of

Whereas the estate of the above‑named was, by order dated the day of 19 , placed under sequestration in my hands, I, the Official Receiver of the said estate, hereby authorize you of in the said State of to seize and lay an attachment on the bankrupt estate, and make an inventory thereof.

Dated this day of , 19 .

Official Receiver.

No. 151.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Attachment.

(Title.)

Attached on the premises

Take notice that the above effects have been attached by me by virtue of an order for the sequestration of the estate of the above‑named bankrupt, dated the day of One thousand nine hundred and , and that any person who, knowing the same to have been so attached, shall dispose of, receive, remove, retain, conceal, or embezzle the same, or any part thereof, with intent to defeat the said attachment, is liable to be imprisoned for any period not exceeding three years.

Dated this day of , 19 .

To and to all else whom it may concern.

Signature of person authorized to make the attachment.

Served a true copy of the within notice of attachment on the within-named by leaving the same at the hour of of the clock in the noon this day of 19

Signature of person serving the attachment.

I hereby appoint my deputy in charge of the within‑named property.

Dated this day of , 19 .

I have received a true copy of the within notice of the attachment, and I hereby acknowledge that the inventory therein contained is true.

Dated this day of , 19 .

Signature

_________

No. 152.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Search Warrant.

(Title.)

Whereas, by evidence duly taken upon oath, it hath been made to appear to the Court that there is reason to suspect and believe that property of said debtor is concealed in the house [or other place, describing it, at the case may be] of one X.M., of in the of such house [or place] not belonging to the said debtor.

These are therefore to require you to enter in the daytime into the house [or other place, describing it] of the said X.M., situate at aforesaid, and there diligently to search for the said property, and if any property of the said debtor shall be there found by you on such search, that you seize the same, to be disposed of and dealt with according to the provisions of the Bankruptcy Act 1924‑1933.

Dated this day of , 19 .

Registrar.

To the X.Y. officer of this Court and his assistants

[or any constable, or as the case requires].

No. 153.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Warrant of Seizure.

(Title.)

Whereas on the day of , 19 , a sequestration order was made against the said debtor:—These are therefore to require you forthwith to enter into and upon the house and houses, and other premises of the said debtor, and also in all other place and places belonging to the said debtor where any of his goods and money are, or are reputed to be; and there seize all the ready money, jewels, plate, household stuff, goods, merchandise, books of accounts, and all other things whatsoever, belonging to the said debtor, except his necessary wearing apparel, bedding, and tools, as excepted by the Bankruptcy Act 1924‑1933.

And that which you shall so seize you shall safely detain and keep in your possession until you shall receive other orders in writing for the disposal thereof from the trustee [or Official Receiver]; and in case of resistance or of not having the key or keys of any door or lock of any premises belonging to the said debtor where any of his goods are or are suspected to be, you shall break open, or cause the same to be broken open for the better execution of the warrant.

Dated this day of , 19 .

Registrar.

To the X.Y. officer of this Court, and to his assistants

[or any constable, or as the case requires].

_________

No. 154.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Warrant against Debtor about to quit Australia [etc.].

(Title.)

To X.Y., the officer of this Court, and all peace officers within the jurisdiction of the said Court, and to the governor or keeper of the [here insert the prison].

Whereas, by evidence taken upon oath, it hath been made to appear to the satisfaction of the Court that there is reason to believe that the said A.B., of , has absconded and gone abroad [or quitted his place of residence, or] is about to go abroad [or quit his place of residence] [with a view of avoiding payment of a debt or service of a bankruptcy petition] [or of avoiding appearing to a bankruptcy petition], [or of avoiding examination in respect of his affairs, or otherwise avoiding, delaying. or embarrassing the proceedings in bankruptcy], [or of avoiding payment of a judgment debt an respect of which a bankruptcy notice has been issued].

[Or that there is reason for believing the said A.B., is about to remove any of his goods or chattels with a view of preventing or delaying such goods or chattels being taken possession of by the [Official Receiver] trustee of the property of the bankrupt] [or that the said A.B. has concealed or is about to conceal or destroy his goods or chattels, or some of them, or his books, documents, or writings, or some or one of them, which books, documents, or writings, or some or one of them, may be of use to the creditors in the course of the bankruptcy of the said A.B.].

[Or whereas, by evidence taken upon oath, it hath been made to appear to the satisfaction of this Court that the said A.B. has removed certain of his goods and chattels in his possession, above the value of five pounds, without the leave of the Official Receiver or the trustee, that is to say [here describe the goods or chattels.]

[Or that the said A.B. did without good cause fail to attend at this Court on the day of , 19 , for the purpose of being examined, according to the requirements of an order of this Court made on the day of , 19 , directing him so to attend.]

These are therefore to require you the said to take the said A.B. and deliver him to the governor or keeper of the above‑named prison, and you the said governor or keeper to receive the said A.B., and him safely to keep in the said prison until such time as this Court may order.

Dated this day of , 19 .

By the Court

Registrar.

_________

No. 155.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Recognizance of Bail.

(Title.)

Be it remembered that on the day of 19 , of in the Bankruptcy District of , personally came before me, a Judge of the Federal Court of Bankruptcy [or, of the Court exercising jurisdiction in bankruptcy, as the case may be,], of the Bankruptcy District of and acknowledged himself to owe to our Sovereign Lord the King the sum of pounds of good and lawful money to be made and levied of his goods and chattels, lands and tenements respectively to the use of our said Sovereign Lord the King, his heirs and successors, if fail in the condition hereunder.

Taken and acknowledged, the day and year

above written at ,

in the said District before me—

Judge, Federal Court of

Bankruptcy [or Court exercising jurisdiction

in bankruptcy, as the case may be].

Condition.

The Condition of the above written recognizance is such that if shall appear at the sittings of the Federal Court of Bankruptcy [or Court exercising jurisdiction in bankruptcy, as the case may be] to be holden at in the District of on the day of 19 , for examination before the said Court, and not depart the Court without leave:

And if, as often as leave is given by the Judge presiding thereat after surrender and before or during the said examination, he shall return to the said Court at the time appointed by the said Judge on granting such leave, and again surrender himself and appear thereat: than this Recognizance to be void otherwise it shall stand in full force and virtue.

No. 156a.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Subpoena.

(Title.)

George, the Fifth, by the Grace of God, &c., to [the names of three witnesses may be inserted] greeting: We command you to attend before , at on day the day of , 19 , at the hour of in the noon, and so from day to day until the above matter is heard, to give evidence on behalf of [insert name].

Dated this day of , 19 .

Registrar.

____________

No. 156b.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Subpoena Duces Tecum.

(Title.)

George, the Fifth, by the Grace of God, &c., to [the names of three witnesses may be inserted] greeting: We command you to attend before at on day the day of , 19 , at the hour of in the noon, and so from day to day until the above matter is heard, to give evidence on behalf of and also to bring with you and produce at the time and place aforesaid [specify documents to be produced].

Dated this day of , 19 .

Registrar,

____________

No. 157.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Summons or Order under Section 80

(Title.)

*State any particular documents required, e.g., all ledgers and books of account, invoices, statements of accounts, letters, books, papers and documents of every kind, in any manner relating to your dealings and transactions with A.B.

To , of

You are hereby required to attend at the Court of holden at on the day of , 19 , at o’clock in the noon, to give evidence in the above matter, and then and there to have and produce*

If you having been tendered a reasonable sum and having no lawful impediment to be then made known to the Court [or Magistrate] and allowed, refuse or fail to come before the Court [or Magistrate] at the time appointed or refuse or fail to produce any such document, the Court may by warrant cause you to be apprehended and brought up for examination.

Dated this day of , 19 .

Registrar.

No. 158.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Application by Trustee for Committal of Bankrupt or other Person.

(Title.)

I, the trustee of the property of the said bankrupt [or as the case may be], do apply to this Court for an order of committal for contempt of this Court against the said bankrupt [or L.M., ], on the ground set forth in the annexed affidavit.

Dated this day of , 19 .

G.H., Trustee.

_________

No. 159.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit in Support of Application for Committal of Bankrupt for Contempt under Section 76.

(Title.)

I, G.H., the Official Receiver of the estate of the said bankrupt [the trustee of the property of the said bankrupt], make oath, and say:—

Where bankrupt does not submit to examination.

[1. That the said bankrupt did attend at the first meeting of his creditors held on the day of , 19 , at , and wilfully refused to submit to be examined at such meeting in respect of his property [or his creditors], the submitting to examination being a duty imposed upon him by the Bankruptcy Act 1924‑1933.

Where bankrupt falls to attend a meeting other than the first.

[1. That the said bankrupt did wilfully fail to attend a meeting of his creditors held on the day of , 19 , at [or to wait on me at my office on the day of , 19 ], the attending such meeting [or waiting on me] being a duty imposed upon him by the Bankruptcy Act 1924‑1933.

Where bankrupt falls to execute a deed.

[or 1. That the said bankrupt has wilfully failed to execute [here describe the deed, &c., that he has failed to execute], the execution of such deed when required by me being a duty imposed upon him by section 76 of the said Act.]

Where bankrupt fails to attend a meeting other than the first; or to execute a deed.

[That the said bankrupt was on the day of 19 , duly served with a notice, a copy of which is hereunto annexed, by leaving the same at his usual place of residence, requiring him to attend the said meeting], [or to execute the above‑mentioned deed, &c.]

Where debtor falls to obey special orders of Court.

[or That the said bankrupt has wilfully failed to perform the duty imposed upon him by section 70 of the Bankruptcy Act 1924‑1933 [here insert any act he has been required to do by any special order of the Court, stating the day on which the order was made or otherwise required under the said section 76].

Where bankrupt has failed to deliver up property.

[or That the said bankrupt has failed to deliver up possession of [here state the property he has failed to deliver up] which property is divisible amongst his creditors under the said Act, and which said property was [or is] in his possession or control, he having been required by me to deliver up the said property by notice, a copy of which is hereunto annexed, and which notice was duly served upon him on the day of 19 , at .]

Sworn at, &c.

G.H.

_________

No. 160.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Trustee under Section 99 (6).

(Title.)

I, G.H., the trustee of the property of the said A.B. a bankrupt, make oath and say:—

1. That I believe that L.M., of , hath in his possession or power as [here set out the capacity in which the person stands to the bankrupt] certain moneys [and securities] belonging to the bankrupt, that is to say [here set out and describe the particular moneys and securities].

2. That on the day of , 19 , I did apply personally to the said L.M to pay and deliver to me the said moneys and securities, and that he did not then, nor has he since paid or delivered to me the same [or that I on the day of , posted a letter to the said L.M., addressed to him at , calling, upon him to, &c., and that on the day of , 19 , I posted another letter, by which I again called upon him to, &c., and that he has failed to pay and deliver the same].

3. That I firmly believe that the said L.M. is not entitled by law to retain such moneys [and securities] as against the bankrupt or against me as the trustee of the property of the bankrupt.

Sworn at, &c.

G.H.

____________

No. 161.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Application for Committal under Section 71.

(Title.)

Take notice that C.D., of , will on the day of , 19 , at o’clock in the noon, apply to this Court for an order for your committal to prison for contempt of this Court, you having disobeyed the order of this Court made on the day of , 19 [here set out order]. And further take notice that you are required to attend the Court on such day at the hour before stated, to show cause why an order for your committal should not be made.

Dated this day of , 19 .

Registrar.

————

No. 162.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Application for Committal under Section 76.

(Title.)

To the said A.B., bankrupt.

Take notice that the trustee [or Official Receiver] of the property of the said bankrupt will on the day of , 19 , at o’clock in the noon, apply to this Court for an order for your committal to prison for contempt of this Court, yon having failed to perform the duty imposed on you by section seventy‑six of the said Act [here set out the duty he has failed to perform]. And further take notice that you are required to attend the Court on such day at the hour before stated to show cause why an order for your committal should not be made.

Dated this day of , 19 .

Registrar.

No. 163.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Person Interested in a Composition for Committal.

(Title.)

In the matter of a composition made by A.B., of

1, F.M., of , make oath and say:—

1. That of , was by an order of this Court made on the day of , 19 , ordered to [here set out the order],

2. That a copy of the said order was duly served on the said

3. That the said has failed to obey such order.

Sworn at, &c.

F.M.

____________

No. 164.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Application for Committal under Section 99 (6).

(Title.)

To [here insert name, address, and description of the person to whom the notice is to be sent].

Take notice that the trustee [or Official Receiver as trustee] of the property of the said bankrupt will on the day of 19 , at o’clock in the noon, apply to this Court for an order for your committal to prison for contempt of this Court, you having failed to pay and deliver to him certain moneys [and securities] belonging to the bankrupt in your possession or power as [here state whether as treasurer, banker, &c.], that is to say [here set out and describe the particular moneys and securities]. And further take notice that you are required to attend the Court on such day at the hour before stated to show cause why an order for your committal should not be made.

Dated this day of , 19 .

Registrar.

____________

No. 165.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Committal under Section 77.

(Title.)

Whereas by an order of this Court made on the day of , 19 , [here recite the order]. Now, upon the application of C.D., of , and upon hearing A.B. [or, as the case may be], [or if he does not appear] reading the affidavit of [here insert name and description of person by whom the order was served on A.B.], and upon reading the affidavit of [enter evidence], the Court being of opinion that the said A.B. has been guilty of a contempt of this Court by his disobedience of the said order, it is ordered that the said A.B. do stand committed to [here insert prison] for his said contempt.

Dated this day of , 19 .

By the Court,

Registrar.

No. 166.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Committal under Section 76.

(Title.)

Upon the application of the trustee [or Official Receiver] of the property of the bankrupt, and upon hearing the bankrupt [or if he does not appear], and rending the affidavit of [here insert name and description of person by whom the notice to show cause was served] and upon reading the affidavit of [enter evidence], the Court being of opinion that the bankrupt has been guilty of a contempt of this Court by having failed to [here follow the notice], it is ordered that the said bankrupt do stand committed to [here insert prison] for his said contempt.

Dated this day of , 19 .

By the Court,

Registrar.

____________

No. 167.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Committal under Section 99 (6).

(Title.)

Upon the application of the trustee of the property of the bankrupt, and upon hearing L.M. [or if L.M. does not appear], and reading the affidavit of [here insert name and description of person by whom the notice to show cause was served] and upon reading the affidavit of [enter evidence] the Court being of opinion that L.M. has been guilty of a contempt of this Court by having failed to pay and deliver to the said trustee certain moneys [and securities] [here follow the notice], it is ordered that the said L.M. do stand committed to [here insert prison] for the said contempt.

Dated this day of , 19 .

By the Court,

Registrar.

____________

No. 168.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Affidavit of Non‑compliance with Order under Section 25 (3.).

(Title.)

I, L.M., of , make oath and say:—

1. That G.H., of , was by an order of the Registrar made on the day of , 19 , ordered to [here set out order].

2. That [a copy of] the said order was duly served on the said G.H.

3. That the said G.H. has failed to obey the order.

Sworn, &c.

__________

No. 169.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Warrant of Committal for Contempt.

(Title.)

To X.Y., officer of this Court, and to the Governor or keeper of the [here insert the prison].

Whereas by an order of this Court bearing date the day of , 19 , it was ordered that the said debtor [or L.M., of ] should stand committed for contempt of this Court. These are therefore to require you the said X.Y. and others to take the said A.B., [or L.M.] and to deliver him to the governor or keeper of the above‑named

prison, and you the said governor or keeper to receive the said A.B., and him safely to keep in the said prison and in your custody until such time as this Court shall order; and you the said governor or keeper shall, while the said A.B. is in your custody, and at all times when the Court shall so direct produce the said A.B. before the Court.

Dated this day of , 19 .

By the Court,

Registrar.

__________

No. 170.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Warrant to Apprehend a Person Summoned under Sections 76, 77, or 80.

(Title.)

To X.Y. and his assistants of this Court.

Whereas by summons or subpoena dated the day of , 19 , and directed to the said A.B., of [or to F.M., of ], he was required personally to be and appear on the day of instant, at o’clock in the noon at this Court, to be examined: and which said summons or subpoena was afterwards on the day of , 19 , as hath been proved upon oath, duly served upon the said , and a reasonable sum was tendered him for his expenses. And whereas the said having no lawful impediment made known to or allowed by this Court has not appeared before it as by the said summons or subpoena he was required, but therein has wholly made default. These are therefore to require and authorize you and every of you to whom this warrant is directed, immediately upon receipt thereof, to take the said and to deliver him to the Governor or Keeper of the prison, and you, the Governor or Keeper of the said prison, to receive the said A.B., and him safely to keep in the said prison and in your custody until such time as this Court shall order or alternatively that you the said X.Y. and his assistants shall bring him before this Court on the day of in order that he may be examined as aforesaid, and for your so doing this shall be your sufficient warrant.

Dated this day of , 19.

By the Court,

Registrar.

________

No. 171.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order for Production of Person Apprehended under Warrant under Section 80 for Examination Before the Court.

(Title.)

Upon report made to the Court the day of that A.B. has been apprehended under a Warrant issued by this Court on the day of , it is ordered that the Governor or Keeper [insert name of prison] do cause the said A.B. to be brought in custody before the Court sitting at on the day of , at o’clock in the noon for examination before the Court, and in the meantime to be safely kept, and afterwards if the Court shall so direct to be taken back to the said prison and there safely kept pursuant to the said Warrant.

Dated this day of , 19 .

By the Court,

Registrar.

No. 172.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order on Summary Conviction.

(Title.)

Upon the voluntary/compulsory application of for an order of discharge and the said bankrupt having been served with a copy of the charge to wit that [copy of charge] and the Court having appointed a day for him to answer it and the bankrupt having/or admitted the charge or

after trial the Court having found the bankrupt guilty of the said charge.

This Court doth order that the said , the bankrupt, be imprisoned in the prison at in the State of for the space of months.

Dated this day of , 19 .

By the Court,

Registrar.

____________

No. 173.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Warrant of Commitment on Summary Conviction

(Title.)

To X.Y., Officer of this Court and to the Governor [or Keeper] of the prison at in the State of

Whereas by an order of the Court bearing date the day of 19 , it was found that the said bankrupt has been guilty of the following charge to wit for that [copy of charge] and was ordered to be imprisoned in the prison at for the space of months.

These are therefore to require you the said X.Y. and others to take the said and to deliver him to the Governor [or Keeper] of the above‑named prison. And you the said Governor [or Keeper] to receive the said and him safely to keep in the said prison and in your custody for the space of months.

By the Court,

Registrar.

__________

No. 174.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order for Discharge from Custody for Contempt.

(Title.)

Upon application made this day of , 19 , for A.B., who was committed to prison, for contempt by order of this Court, dated the day of , 19 , and upon reading his affidavit showing that he has cleared [or is desirous of clearing] his contempt and has paid the costs occasioned thereby, and upon hearing the trustee for Official Receiver] [or C.D., of ], it is ordered that the governor or keeper of [here insert name of prison] do discharge the said A.B. out of his custody as to the said contempt.

Dated this day of , 19 .

By the Court,

Registrar.

No. 175.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order for Production of Person in Prison for Examination Before the Court.

(Title.)

Upon application made this day of , 19 , by [applicant] for an order for the production of A.B., who was committed to prison for contempt by order of this Court, dated the day of , 19 , for examination before this Court; it is ordered that the governor or keeper of [insert name of prison] do cause the said A.B. to be brought in custody before the Court at on the day of , 19 , for examination before the Court, and afterwards to be taken back to the said prison to be there safely kept pursuant to the said order.

Dated this day of , 19 .

By the Court,

Registrar.

__________

No. 176.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Creditor’s Petition for Administration of Estate of Deceased Debtor under Section 155.

(Title.)

I, C.D., of [or we C.D., of , and E.F., of ], hereby petition the Court that an order be made for the administration in bankruptcy of the estate of the late [here insert name and description of deceased debtor], who died on the day of , 19 , and say:—

1. That the said A.B, for the greater part of the twelve months next preceding his decease resided [or had a dwelling house or place of business in Australia, or, as the case may be following the terms of section 55].

2. That the estate of the said A.B. is justly and truly indebted to me [or us in the aggregate] in the sum of £ [set out amount of debt or debts and the consideration.]

3. That [I] do not nor does any person on [my] behalf hold any security on the said deceased debtor’s estate, or on any part thereof, &c. [or, as in Form No. 9 [Creditor’s Petition].

4. That the will of the said A.B. [or as the case may be] was on the day of , 19 , proved by J.S., of , and G.H., of [as the case may be], who consent to this petition.

Or,

That letters of administration [or, as the case may be] were on the day of , 19 , granted to J.S., of , and G.H., of , and that the estate of the said A.B. is [according to my information and belief], insufficient to pay his debts.

Dated this day of , 19 .

(Signed) C.D.

E.F.

Signed by the petitioner in

my presence.

Signature of Witness.

Address.

Description.

Indorsement.

This petition having been presented to the Court on the day of , 19 , it is ordered that this petition shall be heard at the Court, in the District of , on the day of , 19 , at o’clock in the noon.

If you, the said J.S. or G.H. intend to dispute the truth of any of the statements contained in the petition, you must file with the Registrar of this Court a notice showing the grounds upon which you intend to dispute the same; and send by post a copy of the notice to the petitioner and his solicitor (if known) (three) days before the date fixed for the hearing.

____________

No. 177.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Petition by Legal Personal Representative for Order of Administration under Section 156.

(Title.)

I, C.D., of [or We, C.D., of , and E.F., of ], hereby petition the Court that an Order be made for the administration in bankruptcy of the estate of the late [here insert name and description of deceased debtor] who died on the day of , 19 , and say:—

1. That I am [or We are] the legal personal representative [or representatives] of the said [debtor] and that his Will was on the day of , 19 , proved by [or that letters of administration of his estate were on the day of , 19 , granted to ].

2. That the estate of [debtor] is according to my [or our] information and belief, insufficient to pay his debts.

(Signed).

Signed by the petitioner in my presence.

Signature of witness.

Address.

Description.

_________

No. 178.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order for Administration in Bankruptcy of Estate of Deceased Debtor upon Petition.

(Title.)

Upon the petition of C.D., dated , and numbered of 19 , and upon reading and hearing , it is ordered that the estate of A.B., of , deceased, be administered in bankruptcy, and that the Official Receiver of this Court, be the trustee, and that the costs of this application be

Dated this day of , 19 .

By the Court,

Registrar.

_________

No. 179.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order for the Administration of Estate of Deceased Debtor on Transfer of Proceedings under Section 155.

(Title.)

Whereas proceedings for the administration of the estate of A.B., late of , deceased, were commenced in the [here set out Court in which proceedings commenced] on the day of , 19 .

And whereas that Court did on the day of , 19 , transfer such proceedings to this Court.

It is hereby ordered that the estate of the said A.B., deceased, shall be administered according to the law of bankruptcy pursuant to section 155 of the Act, and that G.H., the Official Receiver of this Court, be the trustee of the property of the said A.B., deceased.

Dated this day of , 19 .

By the Court,

Registrar.

_________

No. 180.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice for Gazette of Transfer of Separate Estate to Joint Estate.

(Title.)

Notice is hereby given that there being in the hands of the trustee in the above bankruptcy a surplus estimated at £ arising from the separate estate of [name of separate partner] one of the bankrupts, and there being no separate creditors of such bankrupt, it is the intention of such trustee, at the expiration of days from the appearance of this notice in the Commonwealth Gazette, to transfer such surplus to the credit of the joint estate in the said bankruptcy.

Dated this day of , 19 .

(Signed)

Trustee.

_________

No. 181.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order to Postmaster‑General under Section 78.

(Title.)

Upon the application of G.H., of , the Official Receiver [or the trustee] of the property of the above bankrupt it is ordered that for a period of * months from [here insert the date] all postal articles and telegrams directed or addressed to the said debtor at [here insert the full address or addresses] shall be redirected, sent, or delivered by the Postmaster‑General or officers acting under him to the said Official Receiver [or trustee, or otherwise as the Court may direct], and that a sealed duplicate of this order be forthwith transmitted by the [Official Receiver] trustee to the Postmaster General, or officers acting under him.

Dated this day of , 19 .

By the Court,

Registrar.

*Not exceeding six.

____________

No. 182.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Issues of Fact for Trial by Jury.

(Title.)

On the application of and on hearing it is ordered that the following issues of fact be tried before and jury at [add any other necessary directions].

Issues.

Dated this day of , 19 .

By the Court,

Registrar.

No. 183.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

District
No. of Petition.	Name of Debtor.	Residence.	Description.	Date of Petition.	Petitioning Creditor.	Solicitor.	Act of Bankruptcy alleged.	Result.

__________

No. 184.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

District of

No.

Name and Address of Debtor.

Occupation.

Date of—

Official Receiver or Trustee, and Date of Trustee’s Release.

Date of Annulling Order.

Date Proceedings Consolidated or Transferred.

Date of Hearing Application for Discharge.

Result of Application for Discharge and Conditions (if any).

Date of Order of Discharge.

Date Order of Discharge delivered out.

Estimated Liabilities.

Estimated Assets.

Petition.

Sequestration Order.

Public Examination (if any).

Order for Summary Administration, s. 154.

Order for Administration Deceased Debtors Estate, ss. 155‑156.

Approval of Composition or Scheme.

No. 185a.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Sequestration Orders and Orders of Discharges and Annulment.

To the

No.

Name, Address, and Description of Debtor.

Date of Order of Sequestration.

Date of Petition.

District.

Date of Order of Discharge or Annulment.

Date

Registrar.

____________

No. 185b

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

(Title.)

No.

Name, Address, and Description of Debtor.

Date of Order of Sequestration.

Date of Petition.

District.

Date of Order of Discharge or Annulment.

____________

No. 186.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notices in respect of the undermentioned matters should contain the information indicated:—

(1) Sequestration orders—

Debtor’s name, address, description, district, number of matter, date of order, date of petition, and act or acts of bankruptcy.

(2) First meetings and public examinations—

Debtor’s name, address, description, district, number, date of first meeting, hour, place, date of public examination, hour, place, date of order (if any) for summary administration.

(3) Day appointed for proceeding with public examinations adjourned sine die—

Debtor’s name, address, description, district, number of matter, date fixed for proceeding with examination, hour, place.

(4) Orders on application to approve composition or scheme—

Debtor’s name, address, description, district, number, date of order nature of scheme or composition sanctioned or order made.

(5) Intended dividend—

Debtor’s name, address, description, district, number, last day for receiving proofs, name of trustee, address.

(6) Dividend—

Debtor’s name, address, description, district, number, amount per £1, first or final or otherwise, when payable, where payable.

(7) Application for discharge—

Debtor’s name, address, description, district, number, day fixed for hearing.

(8) Orders made on application for discharge—

Debtor’s name, address, description, district, number, date of order, nature of order made, grounds named in order for refusing an absolute order of discharge.

(9) Sequestration orders annulled—

Debtor’s name, address, description, district, number, date of sequestration order, date of annulment, grounds of annulment,

(10) Appointments of trustees—

Debtor’s name, district, number, trustee’s name, address, date of certificate of appointment.

(11) Releases of trustees—

Debtor’s name, debtor’s address, debtor’s description, district, number of matter, trustee’s name, trustee’s address, trustee’s description, date of release.

(12) Administration orders in the case of deceased debtors—

Name of deceased, address, description, date of death, district, number of matter, date of order, date of petition or application for transfer, act or acts of bankruptcy, if any, committed by deceased within six months before the date of the presentation of the petition, whether will or other testamentary disposition with date thereof), or letters of administration, date when proved or granted.

(13) To debtors in lieu of personal service of bankruptcy notices and petitions, and of applications to commit for contempt of court—

Debtor’s name, address, description, district, number, nature of notice of which substituted service directed, date thereof, if a petition or application to commit, date of hearing, name and description of person giving bankruptcy notice, or by whom petition is presented or by whom application to commit is being made.

(14) In lieu of personal service, of applications to commit persons, other than debtors, for contempt of court—

Name of person against whom application is made, address, description, name of debtor, address, description, district, number, date on which application will be heard.

____________

No. 187.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Memorandum of Advertisement or Gazetting.

(Title.)

Name of Paper.	Date of Issue.	Date of Filing.	Nature of Order, &c.

(Signed)

A.B., Registrar.

No. 188.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order Transferring Receivership.

(Title.)

Whereas a sequestration order was made against the above‑named bankrupt on the day of , 19 , whereby Mr. , an Official Receiver of this Court, was constituted receiver of the estate of the bankrupt.

And whereas it has appeared to the Court desirable that the estate of the said bankrupt should be transferred and assigned to Mr. as receiver (for the purpose of ), and the Court has ordered that a transfer of the receivership of the said estate shall be effected.

It is hereby ordered that Mr. be the receiver of the estate of the said (bankrupt) in the place of Mr. (for the purpose of ).

Dated this day of , 19 .

By the Court,

Registrar.

____________

No. 189.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Order of Transfer of Proceedings.

(Title.)

Upon the application of A.B., and upon reading and hearing , and it appearing to the Court that (state here special reason , or reasons why order is made), that the proceedings in the above matter should be transferred from to (or, as the case may be).

It is hereby ordered that the said proceedings in the above‑named matter be transferred from the Court to the Court.

(Where the Official Receiver is acting as trustee add “and that the property of the bankrupt do vest in the said as trustee.”)

Dated this day of , 19 .

By the Court,

Registrar.

____________

No. 190.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Transfer of Proceedings to the Inspector‑General and Official Receiver.

(Title.)

The proceedings in the above matter have been this day transferred to this Court from the Court of holden at , and have had the above distinctive number allotted to them. The distinctive number before transfer was No. of 19 .

Add this in cases where a consolidation of proceeding has been directed.

[The proceedings have been consolidated with these in the following matter, viz.:—

and will be treated under the same distinctive number, viz., No. of 19 .]

Dated this day of , 19 .

Registrar.

No. 191.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Memorandum Claiming Property after Notice under Section 98 (4).

I, the official receiver for the district of/ trustee of the property of , a bankrupt, hereby claim [here specify property] in respect of which notice has been given to me on the day of 19 , by in pursuance of sub‑section (4.) of section 98 of the Bankruptcy Act 1924‑1933.

Dated this day of , 19 .

Official Receiver,

Trustee.

____________

No. 192.

Commonwealth of Australia.

The Bankruptcy Act 1924‑1933.

Notice of Withdrawal of Memorandum Filed under Section 98 (5.).

I, the official receiver for the district of /trustee of the property of , a bankrupt, hereby withdraw the memorandum filed by me on the day of , 19 claiming [here specify property] in respect of which notice was given to me on the day of 19 , by

in pursuance of sub‑section (4.) of section 98 of the Bankruptcy Act 1924‑1933.

Dated this day of , 19 .

Official Receiver,

Trustee.

_______________________

THE SECOND SCHEDULE.

___________

SCALE OF SOLICITORS’ COSTS.

___________

Instructions.
	£	s.	d.
1. For Creditor’s petition and affidavit in support...........................	1	10	0
2. For Debtor’s petition............................................	0	12	0
3. To call meeting of creditors under section 157...........................	0	12	0
4. For deed of assignment under Part XI. of Act............................	0	12	0
5. For deed of arrangement under Part XII. of Act,..........................	0	12	0
6. To make or oppose any motion or application to Court......................	0	12	0
7. To make or oppose any motion or application in chambers...................	0	8	0
8. For special affidavits............................................	0	8	0
9. For statement of facts, special case or application for directions................	0	12	0
10. For case for opinion of Counsel....................................	0	12	0

		£	s.	d.
32. Notice of Motion or Notice of Defence or Application to Judge in Chambers (including copy to file, but not copy to serve) Or per folio.......................................................
		0	10	0
		0	2	0
33.	Any necessary or proper Notice or Memorandum not otherwise provided for.............	0	5	0
34. If special, or necessarily exceeding three folios for each folio.......................		0	2	0
	The above allowances include preparation of notice and one copy for service. When notice of filing affidavits is required, only one notice is to be allowed for a set of affidavits filed, or which ought to be filed, together.

	Drafting, Engrossing and Copying.
35.	Drawing any necessary document not otherwise provided for, per folio............	0	1	0
	Allowance not to be made to a Solicitor for drawing a document actually drawn by Counsel, but the Taxing Officer shall allow for drawing matter necessary in order to instruct Counsel. In making allowances for drawing, the Taxing Officer may disallow any folios which, in his opinion, are a repetition or adaptation or matter for the drawing of which allowance has otherwise been made in the same matter or proceeding.


	No allowance for drawing shall be made in respect of printed forms or deeds.
	An allowance for perusing and settling such forms or deeds may be made by the Taxing Officer—not to exceed per folio	0	1	0
36.	Compiling Statement of Affairs, schedules to deeds, or other documents of a like nature, per folio
		0	1	0
37.	Engrossing or copying statements, schedules, and other documents where no other provision is made, per folio (No allowance shall be made for engrossing for these portions of forms or deeds which are printed.).
		0	0	6
38.	Carbon or machine made copies. When two or more copies could have been made with a typewriter by the same impression the Taxing Officer may allow for each copy, however made, the same rate only as for carbon copies. This rule may be applied in cases where both or all copies are made by hand, per folio


		0	0	2
	Perusals.
39.	Of affidavits, petitions, notice of motion, notices to produce or admit, case for the opinion of the Court, application for directions, statement or facts, Counsel’s opinion, advice on evidence, per folio
		0	1	0
40.	Of depositions, reports, exhibits, accounts, or other documents, where necessary, per folio....	0	0	6
	But if the Solicitor is already familiar with the contents of the document or if it is not necessary to carefully read the whole, such smaller sum (it any) as the Taxing Officer may think reasonable.

	No allowance is to be made for the perusal of letters received by the Solicitor, nor of notices or summonses except where specially provided.
41.	For perusal of a Bill of Costs with a view to taxing the same adversely, at the discretion of the Taxing Officer, not exceeding, per folio	0	0	4
	Conveyancing.
42.	Instructions in respect of business connected with sales, purchases, leases, mortgages, and other matters of conveyancing may at the discretion of the Taxing Officer be allowed in accordance with the scale of the Solicitor’s remuneration or similar Order of the Supreme Court of the State in which the debtor’s property is situated.

		£	s.	d.
43.	Drawing contracts, mortgages and other documents of similar nature not otherwise provided for—
	(a) not wholly or partly in print, per folio................................	0	2	0
	(b) partly in print, for so much as remains in print, per folio....................	0	0	6
	(c) partly in print, for so much as is not in print, per folio......................	0	2	0
44.	Engrossing........................................................	0	0	6
45.	Copying—
	(a) for a first carbon or other facsimile copy per folio........................	0	0	3
	(b) for additional carbon, or machine made copies, for each copy, per folio.......... (These last two charges shall apply notwithstanding that all or both engrossments be made by hand if it were possible and suitable to have made them by one mechanical operation.)	0	0	2
	(c) For an attested carbon copy, per folio................................	0	0	4
	Attendances and Services.
46.	Personal service of any proceeding, when necessary, including affidavit of service.........	0	12	0
	If served at a distance of more than two miles from the nearest place of business of the Solicitor serving the same, according to the time occupied and fares paid.
	Where more than one attendance is necessary to effect service, or to ground an application for substituted service, such further allowance shall be made as the Taxing Officer thinks reasonable.

47.	Where in consequence of the distance of the party to be served, it is proper to effect such service through an agent, instead of the allowance for service, for correspondence	0	6	0
48.	Correspondents’ charges—the amount actually and reasonably charged by and paid to the agent.
49.	Service on Solicitor for a party...........................................	0	5	0
50.	Service by post..................................................... (When any two or more documents have to be, or may be, served together, one fee only for such service may be allowed.)	0	5	0
51.	On Counsel with Brief or other papers, or to appoint consultation or conference—
	(a) If Counsel’s fee, one guinea to four guineas............................	0	5	0
	(b) If over four guineas............................................	0	8	0
	(c) To mark refresher.............................................	0	5	0
	(d) On consultation...............................................	1	4	0
	(e) On conference, if Counsel’s fee one guinea............................	0	12	0
	(f) If over.....................................................	1	4	0
52.	If consultation or conference occupies more than one hour, at the discretion of the Taxing Officer, not to exceed per hour, after the first hour
		0	12	0
53.	On a summons or other application in Chambers...............................	0	8	0
	Or according to circumstances, not to exceed.................................	2	2	0
54.	On motion or other application to the Court, or on examination, when in list or likely to be heard
		0	12	0
55.	When motion or application heard, for first hour or part of hour For each subsequent hour..............................................	1 0	0 12	0 0
	Or according to circumstances, not to exceed per day if Counsel employed..........	4	4	0
	(If principal does not give substantial attendance, the allowance shall not exceed one half the allowance for substantial attendance)
	Or if Solicitor conducting case, not to exceed for the first hour	2	2	0
	For each subsequent hour or fraction of an hour................................ (Where the Solicitor does not reside or carry on business within three miles of the town in which the matter or examination is heard or held, such amount, in addition to the sum reasonably paid for travelling and hotel expenses, as maybe ordered by the Court.)	1	10	0

No. of Fee.	Description of Proceeding.	Amount of Fee.
		£.	s.	d.
1. On presenting a bankruptcy petition........................................		3	0	0
2. On registering or filing a deed of assignment* or a Chairman’s Certificate (Section 101 (c)) under Part XI. of the Act		3	0	0
* If the fee has been paid on the filing of the chairman’s certificates, no fee shall be payable on filing a Deed of Assignment in the same matter.

3. On registering or filing a deed of arrangement under Part XII of the Act.................		3	0	0
4. On filing a declaration by a debtor of inability to pay his debts.......................		0	7	6
5. On issuing a bankruptcy notice............................................		0	10	0
6. On sealing an order dismissing a petition or granting leave to withdraw a petition..........		1	0	0
7. On sealing an order adjourning a petition.....................................		0	5	0
8. On sealing a vesting order under section 104 (6) of the Act......................... 9. On an application for annulment of adjudication on the ground that the debts have been paid in full or that the bankrupt has obtained a legal acquittance of his debts		1	0	0
		2	0	0
10. On a voluntary application for an order of discharge including the expense of gazetting the same and including fee for the order		2	10	0
And for each creditor to be notified......................................		0	1	0
11. On an application for search other than by petitioner, trustee, debtor, or any officer of the Court		0	1	6

No. of Fee	Description of Proceeding.	Amount of Fee.
		£	s.	d.
12.	On an ex parte application to the Court except by the Official Receiver when applying only in his capacity of Official Receiver and not as Trustee	0	7	6
	This fee is not payable on setting down a motion for hearing before a Judge.
13.	On every estate sequestrated, on every estate in respect of which a composition or scheme of arrangement has been entered into (ss. 71‑73), on every estate in respect of which a composition or scheme of arrangement or deed of assignment has been entered into under Part XI. of the Act or a deed of arrangement under Part XII. of the Act, a percentage computed at the following rates on the amount realized or brought to credit by the trustee after the deduction of (a) any principal sums paid to secured creditors in respect of their securities, and (b) all moneys spent in carrying on the business of the debtor, or in the case of a composition or scheme upon the amount received by the trustee or distributed to creditors by the debtor from time to time in respect of such estate:— On the first £1,000 or fraction thereof, £1 per cent. On the next £1,500 or fraction thereof, 17s. 6d. per cent. On the next £2,500 or fraction thereof, 15s. per cent On the next £5,000 or fraction thereof, 12s. 6d. per cent. On all further sums, 10s. per cent. Provided that where one “administration” as defined in Section 88a of the Act is followed by a subsequent “administration” in respect of the same estate any payment made in the prior administration shall be taken into account when computing this fee.


14.	On setting down a motion for hearing before a Judge sitting in bankruptcy.............. This fee does not relate to the hearing of an application to which fees Nos. 8, 9, or 12 relate.	1	0	0
		1	0	0
15.	On an order of a Judge when sitting in bankruptcy—
	(i) If made in Court................................................	1	0	0
	(ii) If made in chambers	0	10	0
	These fees are not payable— (a) On an order made on the application of an Official Receiver when applying only in his capacity of Official Receiver and not as Trustee; (b) On an order made on an application to which fees Nos. 8, 9, 12 or 14 relate; or (c) On an order to which fees Nos. 5, 6, or 7 relate.



16.	On entering an appeal in bankruptcy.......................................	2	0	0
17.	On an order of the Court of Appeal........................................	1	0	0
18.	On a record for trial.................................................. This fee may be reduced by special order of the Court.	3	0	0
19.	On a subpœna or a summons............................................	0	1	0
20.	For taking an affidavit or an affirmation or a declaration except for proof of debts, and except a declaration by a shorthand writer—
	(i) For each person making the same.................................	0	1	6
	(ii) In addition thereto, for each exhibit or schedule therein referred to and required to be marked	0	0	6
21.	On an allocatur by the Taxing Officer for any costs, charges or disbursements............ Taxing costs, 3d. in the £1 on the amount allowed by the allocatur.	0	5	0
		0	5	0
22.	For an office copy, for every folio of 72 words................................	0	0	6
	For examining a copy supplied by a party, and marking it as an office copy, for every folio of 72 words	0	0	3

				£	s.	d.
(b) Where the Official Receiver carries on the business of a debtor, a commission, in addition to that under the last preceding paragraph, not exceeding one pound ten shillings per centum on the turnover or sales made in the ordinary course of carrying on the business.
(c) An Official Receiver who is a permanent officer shall receive a remuneration in addition to the remuneration under paragraph (a) and (b) of this item at the rate of Five pounds per centum on the collection of book debts.
2. For the Official Receiver, acting as interim Receiver of the property of a debtor, in addition to the percentage chargeable on realizations, on every order				2	10	0
And in addition, where the order is in force for a longer period than fourteen days, for every seven days after the first fourteen, and for every fraction of seven days				1	10	0
3. For each notice by an Official Receiver to a creditor of a first or any other meeting or sitting of the Court:—
Where the estimated value or the estate exceeds £100 (each notice).................				0	0	6
Where the estimated value of the assets does not exceed £100—
On the first twenty notices (each notice)................................				0	0	6
For each notice above twenty.......................................				0	0	3
4. For each notice by an Official Receiver to a creditor of an adjourned meeting or an adjourned sitting of the Court				0	0	6
5. For the Official Receiver supervising a special manager in the carrying on of a debtor’s business where the estimated assets exceed £300 a fee according to the following scale:—
	Per week.
	£	s.	d.
If the gross assets are estimated by the Official Receiver not to exceed £1,000.	1	0	0
If to exceed £1,000 but not to exceed. £5,000......................	2	0	0
If to exceed £5,000 but not to exceed £10,000......................	4	0	0
If to exceed £10,000 but not to exceed £20,000.....................	6	0	0
If to exceed £20,000.......................................	7	10	0
6. Room for meeting or adjourned meeting of creditors summoned by Official Receiver, not exceeding £1 for each meeting, or adjournment.
7. Travelling, keeping possession, and other reasonable expenses of Official Receiver, the amount disbursed.
8. For official stationery, printing books, forms, and postages, telegrams and telephone calls, each estate:—
For every ten applications to debtors to an estate, or fraction of ten..................				0	3	0
For every ten creditors, or fraction of ten, where the assets exceed £100..............				0	15	0
Where the assets do not exceed £100:—
For every ten creditors, or fraction of ten, up to twenty..........................				0	15	0
For every ten creditors, or fraction of ten, above twenty.........................				0	7	6

		£	s.	d.
11.	For Counsel to make an application to the Court or Judge in chambers when no charge is made for drawing brief	0	8	0
		0	8	0
12.	For brief for Counsel on hearing of motion or application to the Court, or examination (if the work done be not allowed for under other items in the bill of costs.) Instead of these fees, such larger sum may be allowed as the Taxing Officer thinks reasonable, having regard to all the circumstances of the case, and to other allowances made	0	16	0
		0	16	0
13.	For Bankruptcy Notice or declaration of inability to pay..........................	0	12	0
14.	For appointment of Special Manager....................................... (No costs shall be allowed on an unsuccessful application for the appointment of a special manager unless the Official Receiver shall certify that the costs of the application should be allowed.)	0	12	0



15.	For instructions for affidavits in support, not exceeding three in number, unless the Taxing Officer considers that further affidavits are necessary each	0	8	0
		0	8	0
16.	For application or proceeding not otherwise provided for.........................	0	8	0
17.	The petitioning creditor’s solicitor may be allowed all proper charges at the rate specified in the scale for all work necessarily or usefully done in the interests of the creditors generally for the protection or benefit of the estate between the presentation of the petition and the date of the sequestration order, if the Official Receiver certifies that the work done was necessary or useful. Such certificate may be given by the signature of the Official Receiver to a memorandum containing such certificate at the foot of the bill of costs.




18.	Instructions for statement of affairs in a sequestration including affidavit—
	Where the assets are sworn not to exceed £300.........................	3	3	0
	Where the assets are sworn to exceed £300............................ Or at discretion of Taxing Officer.	4	4	0
19.	Instructions for Statement of Affairs for submission to a meeting of creditors under Part XI. or Part XII of the Act or at discretion of Taxing Officer	2	2	0
		2	2	0
20.	Preparing and engrossing Statement of Affairs in triplicate including attendances to read over and sign and swear, per folio	0	1	0
21	Preparing and engrossing summary of Statement of Affairs under Part XI. and Part XII., per folio	0	1	0
		0	1	0
22	For each copy of summary of Statement of Affairs............................. Or at the discretion of Taxing Officer, not to exceed per copy......................	0	1	0
		0	2	0
	Letters, &c.
23.	Letters—formal acknowledgments........................................	0	1	6
24	Letters—if ordinary..................................................	0	4	0
25.	Letters—if special...................................................	0	6	0
26.	Circular letters, after the first............................................ Or at the discretion of the Taxing Officer. (The foregoing allowances shall include ordinary postage.)	0	1	0
27.	Preparing and attending to despatch telegrams................................	0	5	0
	(If a letter or telegram is in fact an opinion on a question of law, the Taxing Officer may allow a reasonable fee for work done in order to give such opinion.)	0	5	0
	Summonses.
	(Inclusive of drawing and engrossing.)
28.	Summons to attend Court.............................................. Or, if special, at Taxing Officer’s discretion, not exceeding........................	0	8	0
		0	16	0
29.	Summons or subpoena to witness and like processes............................	0	5	0
30.	Attendance issuing..................................................	0	5	0
	Notices and Memoranda.
31.	Notice to produce or admit (including preparation and one copy to serve)...............	0	10	0
	If more than seven folios, for each extra folio.................................	0	1	6

		£	s.	d.
56.	To hear reserved Judgment, not to exceed, if counsel employed..................	1	0	0
	If Principal does not give substantial attendance.............................	0	10	0
	Or, if Solicitor conducting case, not to exceed..............................	1	10	0
57.	Solicitor’s managing clerk’s fee, on the hearing of a matter other than a petition or on an examination at which more than two witnesses are examined or cross‑examined.	1	4	0
58.	On taxation of costs, per hour.........................................	0	8	0
58.	Or according to circumstances, not to exceed per day of six hours including luncheon adjournment)	3	3	0
59.	Attending meeting of creditors or committee of creditors, or Committee of Inspection by Solicitor personally, when held at his office; per hour	1	0	0
59.	When held outside the Solicitor’s office, per hour...........................	1	5	0
60.	If for any purpose, such as attending Court, conference with Counsel, or collection of evidence, it is in the opinion of the Taxing Officer necessary for a Solicitor to leave the town where he resides or carries on business and journey to another place; for each day (except Sunday) that he is necessarily absent from such town	4	4	0
	Or the sum allowable under Item 56, whichever is the greater And expenses (besides actual reasonable fares or payment for transport) each day (24 hours) of necessary absence	1	0	0
61.	To swear, file, lodge or deliver any document or papers, to obtain an appointment from any officer of the Court, to insert advertisement, or other attendance of a similar nature capable of performance by a junior clerk	1	0	0
62.	If the attendance is one requiring the personal attendance of the Solicitor or his managing clerk, and involving the exercise of skill, or legal knowledge, per hour	0	12	0
	Or such larger amount as the Taxing Officer may think reasonable having regard to the importance or difficulty of the subject‑matter of the attendance, not exceeding, per hour	1	0	0
63.	Attendances on telephone...........................................	0	5	0
64.	Any attendance for which no other provision is made, per hour...................	0	8	0
65.	Attending Official Receiver after sequestration order is made and giving him all necessary information, per hour*	0	12	0
66.	Attending to make inquiries as to sufficiency of sureties where Debtor is required by Court to enter into a Bond	0	12	0
66.	(This charge shall be subject to increase according to the distance of the sureties’ residences, and, where necessary, agency charges for making inquiries shall be allowed.)
67.	Attending Official Receiver upon preliminary examination of Debtor*, per hour.......	0	12	0
68.	Attendance at first meeting of creditors,* per hour...........................	1	5	0
	Fees to Counsel. The opposing party must at the taxation produce evidence of the amount paid or incurred by it in respect of its Counsel.
69.	As to refresher fees in any matter whether witnesses are examined or not, if the hearing shall occupy either on the first day only, or partly on the first day and partly on a subsequent day or days, more than six working hours without being concluded, the Taxing Officer may allow for every five working hours, subsequent, to the expiration of the first six hours, the following fees:—
	To the leading Counsel, not exceeding.............................	12	12	0
	To the second of two or three Counsel, not exceeding...................	8	8	0
	To the third of three Counsel, not exceeding.........................	5	5	0
	(The final refresher may be allowed for such period less than five hours that the hearing may occupy.)

					£	s.	d.
Chattel Property.
For inventory only and one copy (not exceeding five folios).........................					0	15	0
For every additional folio beyond five up to twenty and one copy.....................					0	2	0
For each folio above twenty and one copy.....................................					0	1	6
For inventory and valuation:—
	£	s.	d.
On the first £100..................	4	0	0	per cent.
On the next £400..................	1	15	0	„
Above up to £10,000...............	1	5	0	„
Above £10,000...................	0	10	0	„

	£	s.	d.
On the first £1,000.................	1	0	0	per cent.
On balance above £1,000.............	0	2	0	,,

	£	s.		d.
On the first £300..............................	5	0		0	per cent.
On the next £1,700.............................	2	10		0	„
Above up to £5,000............................	1	10		0	„
Above £5,000................................	1	0		0	,,
Costs of surveys and specifications in discretion of taxing officer	2	2		0	,,
	to
	7		7	0

	£.	s.	d.
For preparing statements, balance‑sheets, investigating accounts, &c., principal’s time, exclusively so employed, per day of seven hours, including necessary affidavit Or such other sum as the Court may under special circumstances order.	2	2	0
	to
	7	7	0
	1	1	0
Chief clerk’s time, per day of seven hours.................................	to
	2	5	0
Other clerks’ time, per day of seven hours.................................	0	15	0
	to
	1	0	0

	£	s.	d.
Serving every bankruptcy notice, bankruptcy petition, or subpoena, or sequestration or other order (not serviceable by post) including affidavit of service	0	10	0
Executing every warrant of seizure, or search warrant, or warrant of apprehension, or order of commitment	0	10	0
Keeping possession under a warrant for each day the man is actually in possession, including affidavit of possession being actually kept (Not less than 10s. of the above sum is to be paid to the man in possession, and his receipt produced.) Sheriffs or other officer’s man travelling to place of possession or to execute a warrant of or order of commitment or to serve summons or subpoena or for any other purpose specially directed by the Court, the amount actually and reasonably expended in travelling.	0	12	0
His time per day, where distance exceeds 10 miles...............................	0	10	0
His expenses per day..................................................	0	8	0
If bankruptcy officer of Court directed by the Court personally to travel, the amount actually and reasonably expended in travelling.
His time per day.....................................................	0	10	0
His expenses per day..................................................	0	10	0

No.	Name, Residence, and Occupation of Debtor.	Name of Trustee.	Place where deed is lying for inspection and execution or nature of composition or scheme of arrangement.	Date of composition; scheme of arrangement or deed.

	Maximum rate. Per cent.
On the first £150.................................	10
On the next £150................................	7
„ „ „ £200 ................................	6
On any excess over £500 ...........................	5

	Maximum sum which may be fixed.
	£	s.	d.
Where the amount realized or brought to credit does not exceed £50....................	5	0	0
Where the amount realized or brought to credit exceeds £50 but does not exceed £100........	9	0	0
Where the amount realized or brought to credit exceeds £100 but does not exceed £200.......	16	0	0
Where the amount realized or brought to credit exceeds £200 but does not exceed £300.......	21	0	0
Where the amount realized or brought to credit exceeds £300 but does not exceed £400 .......	24	0	0
Where the amount realized or brought to credit exceeds £400......................... (Plus £5 for every £100 or fraction of £100 by which the amount exceeds £500.)	25	0	0