Harmonised Bankruptcy Rules Monitoring Committee

The Harmonised Bankruptcy Rules commenced in 2006 as the Federal Court (Bankruptcy) Rules 2005 and the Federal Magistrates Court (Bankruptcy) Rules 2006.  The Family Court has also adopted the Harmonised Bankruptcy Rules to the extent to which they are relevant to the Family Court’s jurisdiction in relation to bankruptcy matters.

To ensure harmonisation is maintained, the Chief Justice of the Federal Court and the Chief Federal Magistrate have agreed that changes should be developed and implemented upon the advice of a Harmonised Bankruptcy Rules Monitoring Committee.  The recommendations of this Committee are referred to the rules committee of each Court for consideration and, if agreed, implemented through the usual processes. Read the latest recommendations of the Committee.

The Committee consults with each court, the Insolvency and Trustee Service, Australia, Law Council of Australia and local law societies and bar associations.

Role of the Committee

This Committee has been established to:

• monitor the operation of the Federal Court (Bankruptcy) Rules 2005 and the Federal Magistrates Court (Bankruptcy) Rules 2006; and
• identify such amendments as may be necessary from time to time to address any legislative or procedural changes or to resolve any difficulties.

Membership

The Committee consists of:

Greenwood J (Federal Court of Australia), Convenor
Watts J (Family Court of Australia)
Burchardt FM (Federal Magistrates Court of Australia)
Philip Kellow (Federal Court of Australia)
Graham Ramsey (Federal Court of Australia)
Judith George (Family Court of Australia)
Adele Byrne (Federal Magistrates Court of Australia)
David McCrostie (Law Council of Australia)

The Committee meets on an ad hoc basis, currently twice annually.  The next meeting of the Committee will be held on 30 April 2008.

Comments

The Committee is interested to receive comments on the Harmonised Rules and suggestions for change.

Comments and suggested changes may be sent to:

Philip Kellow, Deputy Registrar
Federal Court of Australia
Level 22, Law Courts Building
Queen’s Square
SYDNEY  NSW  2000

Or  email: Philip.Kellow@fedcourt.gov.au

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