Div 17Meetings of Creditors.

Division 17.—Meetings of Creditors. Notice to debtor of first meeting. No. 37 1924 s. 67. 255.—(1.) The Official Receiver shall give three days’ notice to the debtor of the time and place appointed for the first meeting of creditors. (2.) The notice, which shall be in accordance with Form 33, may be either delivered to him personally or sent to him by prepaid post letter, as is convenient. (3.) It shall be the duty of the debtor to attend the first meeting although the notice is not sent to or does not reach him. (4.) A notice to attend subsequent meetings shall be in the like form, with such variations as circumstances require. Insertion of notice in Gazette and notice to creditors of first meeting. 256. The Official Receiver shall fix the day for the first meeting, and shall forthwith publish it in the Commonwealth Gazette and such local paper or papers as the Official Receiver selects and give notice to creditors in accordance with Forms 33 to 36 as the case requires. Notices of other meetings 257.—(1.) The notices of subsequent meetings to be issued to creditors by the Official Receiver or trustee shall be in accordance with Form 47. (2.) Where no special time is prescribed the notices shall be sent out not less than three days before the day appointed for the meeting. Non-reception of notice by creditor. 258. Where a meeting of creditors is called by notice, the proceedings had and resolutions passed at the meeting shall, unless the Court otherwise orders, be valid, notwithstanding that some creditors have not received the notice sent to them. Notice to Official Receiver of creditors’ meetings. 259. Where a trustee calls a meeting of creditors he shall forthwith send to the Official Receiver a copy of the notice convening the meeting. Proof of notice. 260. A certificate by the Official Receiver or other officer of the Court, or by the clerk of any such person, or an affidavit by the trustee or his solicitor, or the clerk of either of those persons, that the notice of any meeting of creditors or sitting of the Court has been duly posted shall be sufficient evidence of the notice having been duly sent to the person to whom it is addressed. The affidavit and the certificate shall be in accordance with Form 38, 39, 48, or 49, as the case requires. Costs of creditors’ meetings. 261. Where, on the request of creditors, the Official Receiver or trustee calls a meeting of creditors, the cost of summoning the meeting, including all disbursements for printing, stationery, postage, and the hire of room for meeting, shall not exceed an amount calculated at the following rates for each creditor to whom notice is required to be sent:—2s. per creditor for the first 20 creditors; 1s. per creditor for the next 30 creditors; 6d. per creditor for any number of creditors after the first 50. Copy of resolution for Registrar. 262. The Official Receiver, or, as the case may be, the trustee, shall send to the Registrar of the Court in which the matter is pending a copy, certified by him, of every resolution of a meeting of creditors. Adjournment. 263. Where a meeting of creditors is adjourned, the adjourned meeting shall be held at the same place as the original place of meeting, unless in the resolution for adjournment another place is specified. Quorum. 264. In calculating a quorum of creditors present at a meeting those persons only who are entitled to vote at the meeting shall be reckoned.