Harmonised Bankruptcy Rules Monitoring Committee

The Harmonised Bankruptcy Rules commenced in 2006 as the Federal Court (Bankruptcy) Rules 2005 and the Federal Circuit Court (Bankruptcy) Rules 2006.

On 1 April 2016, the Federal Court (Bankruptcy) Rules 2016 replaced the Federal Court (Bankruptcy) Rules 2005. Similarly, the Federal Circuit Court (Bankruptcy) Rules 2016 replaced the Federal Circuit Court (Bankruptcy) Rules 2006. Under the guidance of Greenwood J as the Convenor of the Harmonised Bankruptcy Rules Monitoring Committee, the replacement rules were developed by the Office of Parliamentary Counsel in close collaboration with both the Federal Court and the Federal Circuit Court with significant input from Judges and Registrars, and become the new Harmonised Bankruptcy Rules.

To ensure harmonisation is maintained, the Chief Justice of the Federal Court and the Chief Judge of the Federal Circuit Court of Australia 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.

The Committee consults with each court, the Australian Financial Security Authority, 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 Harmonised Bankruptcy Rules (Federal Court (Bankruptcy) Rules 2016 and the Federal Circuit Court (Bankruptcy) Rules 2016); 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 (Convenor)
    Federal Court of Australia)
  • Aldridge J
    Family Court of Australia
  • Judge Burchardt
    Federal Circuit Court of Australia
  • Judith George
    Family Court of Australia
  • Adele Byrne
    Federal Circuit Court of Australia
  • David McCrostie
    Law Council of Australia

The Committee meets on an ad hoc basis, as required.

Comments

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

Comments and suggested changes may be sent to:

John Mathieson
Deputy Principal Registrar
Federal Court of Australia
Level 16, Law Courts Building
Queens Square
Sydney NSW 2000

Or email: john.mathieson@fedcourt.gov.au