Federal Court of Australia

Amendments to the Bankruptcy Act 1966 - procedure for referral of debtor's petitions to the Court

Amendments to the Bankruptcy Act 1966 and the Bankruptcy Rules came into operation on 22 June 1991. The amended subsections 55(3A), 56(7AA) and 57(3A) make provision for the referral of a debtor's petition to the Court where it is presented at a time when a creditor's petition is pending.

In circumstances where these provisions are attracted the registry will adopt the following procedure:

1. Where the creditor's petition is pending and the debtor's petition is presented in New South Wales District Registry, the two will be listed together before a registrar in the first instance and referred to a judge at the first available opportunity. This may involve the adjournment of the creditor's petition to allow sufficient time for notification to be given to the debtor pursuant to Bankruptcy Rule 25, especially where the debtor's petition is received by mail or facsimile.

2. If the creditor's petition is pending in another registry, the debtor's petition will be transferred immediately to that registry. The receiving registry will then arrange the listing and notify the debtor of the time and place of hearing.

3. In both cases, even where the debtor does not appear, a direction as to the acceptance or rejection of the debtor's petition will be obtained from a judge before the creditor's petition proceeds.

John Mathieson
NSW District Registrar
1 November 1995