NSW Registry Bankruptcy User Group Meeting
Wednesday, 13 June 2007, 4.30pm
Summary
Panel
Federal Magistrate Raphael
Federal Magistrate Smith
Michael Wall (Registrar (FMC) and NSW District
Registrar, Federal Court of Australia
Jenny Hedge (Registrar (FMC) and Deputy District
Registrar (NSW), Federal Court of Australia
1. Filings
The
NSW Registry has the largest share of the national total of Bankruptcy related
filings, with 42.7% of national filings in 2006/07 (to date) and 39.7% of national
filings in 2005/06.
Of
those matters, the vast majority are dealt with by Registrars. In 2006/07,
94.2% of matters have been finalised by a Registrar, compared to 5.8% by a
Federal Magistrate. In 2005/06, 92.5% of matters were finalised by a Registrar,
compared to 7.5% by a Federal Magistrate.
The
vast majority of Bankruptcy filings are creditors’ petitions.
2. Registry Workload
Between January
and June 2007 the Registry counter has served 2057 clients in relation to
bankruptcy matters. On average 2119 clients are served each month over the
Registry counter in respect of all FMC and Federal Court of Australia filings.
Average waiting
time at the Registry is currently just under 4 minutes (for May), down from 8
minutes in April. Thursday and Friday are the busiest days.
3. Queens Square Refurbishment/Relocation of
Federal Magistrates
The
refurbishment of the Law Courts Building is planned for commencement in
September or October 2007, and all Federal Magistrates currently in the Law Courts Building will be relocated to John Maddison Tower at this stage by September. This
will have a major impact on the hearing of Federal Magistrates Court matters,
including Registrar bankruptcy lists.
It is proposed
to relocate the hearing of the Registrar bankruptcy list from the Law Courts Building to the John Maddison Tower from around October 2007. The list would likely
remain a daily list, with present options for starting times being 9:15am, and/or
2:15pm.
4. Federal Magistrates Court
Sub-Registry
With Federal
Magistrates and hearings relocating to the John Maddison Tower, a sub-Registry
of the Federal Magistrates Court will be established in that building, to cater
for the needs of Federal Magistrates and clients at that location.
The
sub-Registry is planned for commencement from around October 2007. The
sub-Registry will house all current Federal Magistrates Court files, and
clients will be encouraged to file documents (for all general Federal law
matters including bankruptcy) at this location instead of at the Law Courts Building.
5. Practice and Procedure Issues
The various Practice
Notes on bankruptcy will shortly be updated and consolidated and replacing existing
Practice Notes. A new Practice Note will also be issued on arrangements for
entering orders.
Parties are
encouraged to seek the fixing of costs in Court when a sequestration order is
made or a petition dismissed instead of lodging a short form bill of costs
later. A sample summary of costs that might be claimed in court was distributed
at the meeting.
If a petition
has not been served and a party is not seeking any order, they may notify the
Registry in writing (fax or email) by 2:30pm the day before the hearing to have
the matter removed from the list.
Some Registrars
are trialing mentioning of matters by consent first in the bankruptcy list.
In addition to
sequestration and dismissal orders, it is intended that substituted service
orders and other appropriate orders will be issued by the Registry and either
be available for collection in Court, from the registry or sent in the DX on
the same day.
The District Registrar
is currently piloting a scheme in which parties will generally not be required
to complete and hand up short minutes of the orders they are seeking on the
basis that the Registrar’s orders will be produced in court.
An information
sheet reflecting the material on the Court website about matters to consider in
preparing evidence for a substituted service application was distributed.
Currently many parties attend Court with insufficient evidence for the
Registrar to make any order. The District Registrar also agreed to consider a
suggestion that substituted service applications be dealt with in chambers in
appropriate matters.
6. Feedback
An email
address has
been set up in which litigants and the profession may direct any queries they
have about the relocation of the FMC to John Maddison Tower, any suggestions
they may have about the timing of the Registrar Lists and/or any comments on
the practice and procedure issues discussed at the meeting. That address is fmregistry@fedcourt.com.au
