Federal Circuit Court (Bankruptcy) Repeal Rules 2016

We, Judges of the Federal Circuit Court of Australia, make the following Rules.

Dated 21 March 2016

Chief Judge Pascoe

Judge Altobelli

Judge Baker

Judge Barnes

Judge Baumann

Judge Bender

Judge Brown

Judge Burchardt

Judge Cameron

Judge Coker

 Judge Cole

Judge Demack

Judge Driver

Judge Dunkley

Judge Harland

Judge Hartnett

Judge Heffernan

Judge Henderson

Judge Hughes

Judge Jarrett

Judge Jones

Judge Kelly

Judge Lucev

Judge McGuire

Judge Manousaridis

Judge Mead

Judge Neville

Judge Nicholls

Judge O’Sullivan

Judge Phipps

Judge Riethmuller

Judge Riley

Judge Smith

Judge Spelleken

Judge Stewart

Judge Street

Judge Turner

Judge Vasta

Judge Williams

Judge Wilson

Judge Young

Judges of the Federal Circuit
Court of Australia

Richard Foster Chief Executive Officer

Contents

1 Name

2 Commencement

3 Authority

4 Repeal of these Rules

5 Schedules

Schedule 1—Repeals

Federal Circuit Court (Bankruptcy) Rules 2006

Schedule 2—Consequential amendments

Federal Circuit Court Rules 2001

Schedule 3—Transitional provisions

1  Name

  These are the Federal Circuit Court (Bankruptcy) Repeal Rules 2016.

2  Commencement

 (1) Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.

 (2) Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.

3  Authority

  These Rules are made under the Federal Circuit Court of Australia Act 1999.

4  Repeal of these Rules

  These Rules are repealed at the start of the day after the end of the period of 6 months beginning on the day these Rules commence.

5  Schedules

  Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.

Schedule 1—Repeals

Federal Circuit Court (Bankruptcy) Rules 2006

1  The whole of the Rules

Repeal the Rules.

Schedule 2—Consequential amendments

Federal Circuit Court Rules 2001

1  Rule 21.10 (note)

Omit “Federal Circuit Court (Bankruptcy) Rules 2006”, substitute “Federal Circuit Court (Bankruptcy) Rules 2016”.

Schedule 3—Transitional provisions

1  Forms

(1) This item applies if:

 (a) during the 6‑month period beginning on the commencement of this item a person does something, for the purpose of a provision of the Federal Circuit Court (Bankruptcy) Rules 2016 (the new Rules), using a form that was, immediately before the commencement of this item, prescribed by the Federal Circuit Court (Bankruptcy) Rules 2006 for doing that thing; and

 (b) the new Rules require a form approved under subrule 1.07(2) of the new Rules to be used for doing that thing.

(2) For the purposes of the new Rules, the requirement to use the approved form for doing that thing is taken to have been satisfied by using a document that:

 (a) is substantially in accordance with the prescribed form; or

 (b) has only such variations as the nature of the case requires.