Federal Court of Australia

Notice concering bankruptcy notices based on judgments of the District Court of New South Wales

The Registrar in Bankruptcy notes that with effect on and from 1 August 1996 the District Court Rules will no longer require payment under its judgments to the Registrar of that Court, (see DCR Pt 31A r. 1 and NSW gazette No. 84 of 21 June 1996, p. 3160). The effect of this change with respect to bankruptcy notices would appear to be as follows:

i. If a judgment given before 1 August 1996 expressly requires payment to the Registrar of the District Court, the Bankruptcy Act 1966 provision in s. 412(a)(i) that a bankruptcy notice requires payment in accordance with the judgment means that the bankruptcy notice should also require payment to the Registrar of the District Court;

ii. When a bankruptcy notice was issued before 1 August 1996 but served on or after that date, its validity will be determined in accordance with the requirements for payment operative at the date of issue, (re: Chambers (1991) 29 FCR 507); and

iii. Bankruptcy Notices issued on or after 1 August 1996 should not be worded to require payment to the Registrar of the District Court if the terms of the judgment are silent as to payment (re: Soudakoff (1991) 28 FCR 53).

Date 8.7.96 Registrar in Bankruptcy