Federal Court of Australia
Notices to practitioners issued by the Queensland District Registrar  

Harmonised Bankruptcy Rules (No. BR 1-06 - 16 January 2006)

Commencing 6 February 2006

New harmonised Bankruptcy Rules will apply shortly to bankruptcy matters in both the Federal Court of Australia and the Federal Magistrates Court of Australia.

The Federal Court (Bankruptcy) Rules 2005 will replace Order 77 of the Federal Court Rules and the Federal Magistrates Court (Bankruptcy) Rules 2005 will replace Chapter 4 of the Federal Magistrates Court Rules.

The new harmonised Bankruptcy Rules will commence on 6 February 2006. They are available on the Internet from the ComLaw site at http://www.comlaw.gov.au.

While the new Rules are based closely on the current Order 77 FCR and Chapter 4 FMCR, there is a new version of the prescribed form of creditors petition, which includes the affidavit verifying paragraphs 1, 2 & 3 of the petition.

Documents need to accord with the new harmonised Bankruptcy Rules in order to be accepted for filing from 6 February 2006.

The Guide to filing a creditors petition in the Federal Magistrates Court in Queensland has been amended to reflect the new Rules.

Creditors petition checklists no longer will be sent to applicants’ legal representatives. Instead copies will be available for collection from the Brisbane registry located at level 6, Commonwealth Law Courts.

GK Ramsey
District Registrar, Federal Court of Australia
Registrar, Federal Magistrates Court of Australia

6 January 2006