Commonwealth Numbered Regulations - Explanatory Statements

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BANKRUPTCY RULES (AMENDMENT) 1995 NO. 422

STATUTORY RULES 1995 No. 422

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

BANKRUPTCY ACT 1966

BANKRUPTCY RULES (AMENDMENT)

Paragraph 315(1)(f) of the Bankruptcy Act 1966 (the Act) provides that the Governor-General may make rules in relation to the fees or other payments to be charged in respect of proceedings under the Act.

Schedule 4 of the Bankruptcy Rules provides for fees to be taken in the office of the Registrar of the Federal Court.

Item 1 of Schedule 4 provides for a fee of $300 for the presentation of a petition under section 43 or 244 of the Act.

Item 9 of Schedule 4 provides for a fee of $300 for an application to the Court in respect of which no other fee is prescribed.

These fees have not been increased since 1989. The purpose of the Rules is to increase these fees, in accordance with consumer price increases, annualised, since 1989.

Both these items serve to commence proceedings in the Federal Court. The Federal Court of Australia Regulations are also being amended to provide that the fee for filing a document whereby a proceeding in the Court is commenced is $368.

The Rules will ensure that the fees for commencing proceedings in the bankruptcy jurisdiction of the Federal Court are commensurate with the fees for commencing proceedings in other jurisdictions of the Federal Court.

Details of the Rules are as follows:

Rule 1 - Commencement

Rule 1 provides for these Rules to commence on 1 January 1996.

Rule 2 - Amendment

Rule 2 provides for the Bankruptcy Rules to be amended as set out in these Rules.

Rule 3 - Schedule 4 (fees -to be taken in the office of the Registrar)

Rule 3 omits $300 and substitutes $368 in Items 1 and 9.

The Rules commence on 1 January 1996.