Federal Court (Bankruptcy) Amendment Rules 2011 (No 1)

The Federal Court (Bankruptcy) Amendment Rules 2011 (No 1) was registered on the Federal Register of Legislative Instruments on 20 December 2011. The Amendment Rules commence on 1 January 2012.

A copy of the Amendment Rules will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au/.

The Amendment Rules which make amendments to the Federal Court (Bankruptcy) Rules 2005 (Bankruptcy Rules) give effect to the recommendations of the Harmonised Bankruptcy Rules Monitoring Committee.  They are consequential upon the enactment of the:

• amendments to the Bankruptcy Act 1966 (Bankruptcy Act) and Bankruptcy Regulations 1996 (Bankruptcy Regulations) made in 2010 by the Bankruptcy Legislation Amendment Act 2010; and
• Federal Court Rules 2011 (FCR 2011) on 1 August 2011.

The Amendment Rules will commence on 1 January 2012 and amend the Bankruptcy Rules by:

1. making changes consequential upon the amendment in 2010 to the Bankruptcy Act and Regulations, including:

(a) making more accurate the rules about entering orders (rules 4.08(2)(b), 4.09(2)(a), 10.05 and 11.04) and the entering or stamping of orders (rules 4.08(c) and 4.09(2)(b)); and

(b) removing references to Bankruptcy Districts (rules 8.02(3)(b), 9.03(b), 9.05(b) and 10.03(c)).

2. replacing references to the former Federal Court Rules and forms in the Bankruptcy Rules and forms with references to the FCR 2011, including:

	Bankruptcy Rules	Reference to former Federal Court Rules	Reference to the Federal  Court Rules 2011
i	1.04 (2)	Order 1, subrule 4 (2)	Schedule 1
ii	2.05 (2)	Rules 12 and 13 of Order 4	Rule 8.07
iii	13.01 (1), (3) and 13.03(4)	Order 62	Part 40
	13.03 (1)	Item 43B of Schedule 2	Item 14.1 of Schedule 3
	13.03 (2)	Item 43C of Schedule 2	Item 14.2 of Schedule 3
	13.03 (3)(a)	Item 36 or 37	Item 1 of Schedule 3
iv	Form 6 Part 2	Form 20	Form 59
v	Form 7	Order 1, rule 8	Rule 1.34

3. deleting the words ‘or a Judge’ from the term ‘the Court or a Judge’ as the FCR 2011 uses the term ‘the Court’ on all occasions (Rules 2.02, 2.03(1) and the note in Form 7);

4. replacing the words ‘motion on notice’ with ‘interlocutory application’ as the FCR 2011 uses the latter term (Rules 2.03 and note in Form 7);

5. changing the term ‘legal practitioner’ to ‘lawyer’ as a consequence of the insertion in 2010 of this latter term into the Federal Court of Australia Act;

6. amending the format of the prescribed Form 1 – Title so it is similar to that used in the forms approved under the FCR 2011.  This also amends the footer in Form 1 which will affect Forms 2-15.

The Federal Magistrates Court of Australia is making similar amendments to their Bankruptcy Rules, where necessary.

Patricia Christie
SA & NT District Registrar
20 December 2011

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