STATUTORY RULES.

1958. No. 70.

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RULES UNDER THE BANKRUPTCY ACT 1924-1958.[*]

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Rules under the Bankruptcy Act 1924-1958.

Dated this Second

day of October, 1958.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) NEIL O’SULLIVAN

Attorney-General.

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Amendments of the Bankruptcy Rules.[†]

Parts.

1. Rule 3 of the Bankruptcy Rules is amended—

(a) by omitting the words—

“Division 2.—Bankruptcy Notice, rr. 144-149.”

and inserting in their stead the words—

“Division 2.—Bankruptcy Notice, rr. 144-149A.”;

(b) by omitting the words—

“Division 4.—Creditor’s Petition, rr. 155-161.”

and inserting in their stead the words—

“Division 4.—Creditor’s Petition, rr. 155-168.”;

(c) by omitting the words—

“Division 12.—Proof of Debts, rr. 225-263.”

and inserting in their stead the words—

“Division 12.—Proofs of Debt, rr. 225-263.”;

(d) by omitting the words—

“Division 14.—Dividends, rr. 265-268.”

and inserting in their stead the words—

“Division 14.—Dividends, rr. 265-267.”;

(e) by omitting the words—

“Division 15.—Discharge, rr. 269-288.”

and inserting in their stead the words—

“Division 15.—Discharge, rr. 268-288.”;

(f) by omitting the words—

“Division 1.—Books to be kept and returns to be made by Registrar, rr. 379-385.”

and inserting in their stead the words—

“Division 1.—Books to be kept and returns to be made by Registrar, rr. 379-384.”; and

(g) by omitting the words—

“Part X.—Miscellaneous, rr. 467-480.”

and inserting in their stead the words—

“Part X.—Miscellaneous, rr. 467-481.”.

Indorsements on bankruptcy notice.

2. Rule 146 of the Bankruptcy Rules is amended—

(a) by omitting from sub-rule (2.) the words “action in which the judgment” and inserting in their stead the words “action or proceeding in which the final judgment”; and

(b) by omitting sub-rules (3.) and (4.).

3. Rule 147 of the Bankruptcy Rules is repealed and the following rule inserted in its stead:—

Prescribed time for compliance with notice.

“147.—(1.) For the purposes of paragraph (j) of section 52 of the Act, the prescribed time is—

(a) where the address for service appearing on a bankruptcy notice is in a State other than the State in which the notice is issued—twenty-eight days;

(b) where the address for service appearing on a bankruptcy notice issued in a State or Territory of the Commonwealth is an address in that State or Territory situated more than six hundred miles from the office of issue—twenty-one days; and

(c) in any other case—fourteen days.

“(2.) For the purposes of this rule—

(a) the Australian Capital Territory shall be deemed to be part of the State of New South Wales; and

(b) the Northern Territory shall be deemed to be a State.”.

4. Rule 149a of the Bankruptcy Rules is repealed and the following rule inserted in its stead:—

Time and place for hearing of counter-claim &c.

“149a. Where the debtor has filed with the Registrar an affidavit to the effect that he has a counter-claim, set-off or cross demand of the kind referred to in paragraph (j) of section 52 of the Act, the Registrar—

(a) shall fix a time and place at which the debtor may be heard before the Court for the purpose of satisfying the Court that he has the counter-claim, set-off or cross demand referred to in the affidavit; and

(b) shall give to the debtor and to the creditor notice in writing of the time and place so fixed.”.

5. Rule 473 of the Bankruptcy Rules is repealed and the following rule is inserted in its stead:—

Seal of the Court.

“473. For the purposes of section 49 of the Act, the prescribed seal shall bear the words ‘The Seal of the Federal Court of Bankruptcy’.”.

Form 5, First Schedule.

6. Form 5 in the First Schedule to the Bankruptcy Rules is amended—

(a) by inserting after the word “action” (wherever occurring) the words “or proceeding”; and

(b) by omitting the word “judgment” (second and third occurring) and inserting in its stead the words “final judgment”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

[*] Notified in the Commonwealth Gazette on 6th November, 1958.

[†] Statutory Rules 1934, No. 77, as amended by Statutory Rules 1935, Nos. 34 and 122; 1936, No. 101; 1937, No. 111; 1939, No. 41; 1940, No. 212; 1941, Nos. 12 and 55; 1942, No. 6; 1949, No. 100; 1953, Nos. 71, 79 and 101; 1954, No. 131; 1955, No. 17; 1956, No. 61; and 1957, No. 47.

3870/58.—Price 3d. 9/22.8.1958.