Guide to Form 27 - print friendly

Federal Court of Australia

Notices to practitioners issued by the Queensland District Registrar

Listing arrangement of the Queensland District Registry in matters under the Bankruptcy Act 1966 (Q2/02, 24 July 2002)
NB: This Notice to Practitioners is superseded by Listing arrangement of the Queensland District Registry in matters under the Bankruptcy Act 1966 dated 23 February 2005)

This notice replaces the notice of the same title issued 3 May 2000.

Creditors petitions

As from Wednesday 28 August 2002 creditors' petitions filed in the Federal Court and Federal Magistrates Court will be listed at 9.30 am on either Wednesdays or Fridays.

Ordinarily, a hearing date for a creditor's petition will be allocated 3 to 4 weeks from the date of filing the petition. If an earlier or later date is sought, the documents must be accompanied by a letter that sets out the reason for the request.

If a petition has not been served prior to the first return date, a later hearing date may be obtained without the need for an appearance before the Registrar on that return date. In that case, a request for an adjournment on the papers must be made in writing (no later than 24 hours before the return date) and set out the reasons for the request. Such a request may be made only once. An appearance will be required on the second or subsequent allocated hearing date. The applicant's solicitor must return the sealed service copies of the petition to the Registry immediately to enable a new return date to be inserted on the documents.

If a petition has been served prior to the first return date, a later hearing date may be obtained without the need for an appearance before the Registrar on that return date. In that case a consent order signed by both parties needs to be filed no later than 24 hours before the first return date. Such a request may be made only once. An appearance will be required on the second or subsequent allocated hearing date.

Notes of File Review will continue to be prepared by a Registrar and made available to practitioners. Generally, copies will be faxed to the applicant's solicitor no later than 2 days before the date for hearing.

An affidavit of service of a creditor's petition should be filed as soon as possible after service and preferably at least 5 working days before the hearing date. Presentation of and request for leave to file the affidavit of service to the Registrar on the date for hearing should be avoided.

All applications for an adjournment of the hearing of a petition after the first appearance before the Court must be supported by an affidavit that sets out the facts and grounds relied upon for the adjournment.

An affidavit will be required whether or not the application for the adjournment is opposed. When the petition has been served and an adjournment has been granted in the absence of a respondent or his/her solicitor, the "usual order" for notification to the respondent will be made. The usual order requires the following steps to be taken -

(a) When the respondent is not legally represented, the solicitor for the applicant will send a letter to the respondent by pre-paid ordinary post at his or her last known address, which letter must inform the respondent of the order and of the adjourned date, time and place of hearing;

(b) When the respondent is represented by a solicitor and that solicitor is not present in Court, the solicitor for the applicant will notify the respondent's solicitor of the order and of the adjourned date, time and place of the hearing;

If an applicant does not wish to proceed with a creditor's petition, then an order may be sought from the Court for the petition to be dismissed or for leave to withdraw the petition. Section 31 of the Bankruptcy Act 1966 states that in exercising jurisdiction under the Act the Court shall hear and determine a creditor's petition in open court. An order for dismissal of a petition will need to be made in open court. It is not appropriate for a notice of discontinuance to be filed in a creditor's petition proceeding.

Applications under the Bankruptcy Act 1966

The arrangements for listing applications under the Bankruptcy Act 1966 will be the same as those for creditors' petitions.

Matters that fall outside a Registrar's delegation will be listed for directions only on the first occasion to enable directions to be given for the future conduct of the application. The matter will then be adjourned for hearing before a Federal Court Judge or a Federal Magistrate as the case may be when all directions orders have been complied with.

Right of Audience

Practitioners are reminded that only those solicitors and barristers whose names have been entered on the Register of Practitioners kept by the High Court are entitled to practise in the Federal Court of Australia or Federal Magistrates Court. Appearances may not be by articled clerks or other persons having no right of appearance under the Judiciary Act 1903 (Cth) .

GK Ramsey
District Registrar
24 July 2002