Administrative Notice QLD 3
This Administrative Notice is REVOKED
On 25 October 2016, as part of the National Court Framework (NCF) reforms, all existing Administrative Notices were revoked and 26 new national practice notes were issued, effective immediately.
There will no longer be any administrative state-based notices.
To assist Court users to understand the changes to the practice documents, the Court has prepared:
Listing of matters under the Bankruptcy Act 1966
Queensland District Registry
1. Creditor’s petitions
1.1 Creditor’s petitions filed in the Federal Court and Federal Circuit Court are listed at 9.30 am on either Wednesdays or Thursdays.
1.2 Ordinarily, a hearing date for a creditor's petition will be allocated about 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.
1.3 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 lawyer 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.
1.4 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.
1.5 An affidavit of service of a creditor's petition should be filed as soon as possible after service and preferably at least 5 business days before the hearing date. Presentation of a request for leave to file the affidavit of service to the Registrar on the date for hearing should be avoided.
1.6 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.
1.7 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 the respondent’s lawyer, 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 lawyer 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 lawyer and that lawyer is not present in court, the lawyer for the applicant will notify the respondent's lawyer of the order and of the adjourned date, time and place of the hearing;
(c) The lawyer for the applicant will file an affidavit of posting/notification on or before the new hearing date.
1.8 If an applicant does not wish to proceed with a creditor's petition, then an order may be sought that the petition be dismissed or that leave be granted 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 needs to be made in open court. It is not appropriate for a notice of discontinuance to be filed in a creditor's petition proceeding.
2. Applications for substituted service of a bankruptcy notice or creditor’s petition
2.1 An application for substituted service of a bankruptcy notice must have attached to it a copy of the relevant bankruptcy notice (Rule 3.01 of the Federal Circuit Court (Bankruptcy) Rules 2006).
2.2 An application for substituted service of a bankruptcy notice or creditors petition should be supported by affidavit evidence of:
- the debtor’s last known residential address (or place of employment, if relevant);
- previous attempts to serve the debtor, including direct evidence of actual conversations with residents or work colleagues at the particular address or with neighbours;
- the debtor’s responses to attempts to serve or contact the debtor; and
- investigations made to locate the debtor.
2.3 By way of example, investigations may include enquiries made of such authorities and registers as the Australian Electoral Commission, the Australian Securities and Investments Commission, Land Titles, professional registers and telephone listings. This is not a list of prescribed enquiries which must be undertaken, and nor is it exhaustive of those enquiries which may be done.
2.4 Evidence establishing a link between the debtor and the address at which documents are to be sent and/or delivered ought to show that the link existed no later than 4 weeks prior to the hearing of the application. Parties are encouraged to obtain recent evidence of the link as close as possible to the hearing date in order to avoid the need to adjourn the hearing.
3. Applications under the Bankruptcy Act 1966
3.1 The arrangements for listing applications under the Bankruptcy Act 1966 will be the same as those for creditor’s petitions.
3.2 Matters that fall outside a Registrar's delegation may be listed only for directions 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 Judge of the Federal Court or Federal Circuit Court, as the case may be, when all directions orders have been complied with.
4. Right of audience
4.1 Only those lawyers 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 Circuit Court of Australia. Appearances may not be by articled clerks or other persons having no right of appearance under the Judiciary Act 1903.
Heather Baldwin
District Registrar
12 April 2013
