Div 2Estates of Persons dying Insolvent, rr. 286-292.

Division 2.—Estates of Persons dying Insolvent, rr. 286-292. Part V.—Compositions and Assignments without Sequestration (Part XI. of Act), rr. 293-299. Part VI.—Deeds of Arrangement (Part XII. of Act), rr. 300-314. Part VII.—Functions of Officers. Division 1.—Books to be kept and returns to be made by Registrar, rr. 315-318. Division 2.—Official Receivers, rr. 319-339. Part VIII.—Trustees and Special Managers, rr. 340-375. Part IX.—Accounts and Audit, rr. 376-387. Part X.—Miscellaneous, rr. 388-400. Definitions. 3.—(1.) In these Rules, unless the contrary intention appears— “Affidavit” includes statutory declaration and affirmation; “Commissioner for Affidavits” means a person authorized under the law of the Commonwealth or of a State to take affidavits; “Commissioner for Declarations” means a person appointed under the Statutory Declarations Act 1911-1922 or under a State Act to be a Commissioner for Declarations; “Court of Appeal” means any Court exercising appellate jurisdiction under the Act or these Rules; “Creditor” includes a corporation, and a firm of creditors in partnership; “Debtor” includes a firm of debtors in partnership, and includes any debtor proceeded against under the Act, whether he becomes a bankrupt or not; “District” means a District proclaimed by the Governor-General in pursuance of the Act; “Inspector-General” means the Inspector-General in Bankruptcy; “Judge” means the Judge by whom jurisdiction in bankruptcy is exercised; “Limited partnership” means a firm registered under any law of the Commonwealth or a State or a Territory relating to limited partnerships; “Name” in relation to a person means both the Christian name, or the initial letter or contraction of the Christian name, and the surname of that person; “Scheme” means a scheme of arrangement pursuant to the Act; “Sealed” means sealed with the seal of the Court; “Taxing Officer” means the officer of the Court whose duty it is to tax costs in bankruptcy proceedings; “The Act” means the Bankruptcy Act 1924-1927. “The Court” means any Court having jurisdiction in bankruptcy under the Act or a Judge thereof. and any reference to a form shall be read as a reference to a form in the Schedules to these Rules. References to “writing”. (2.) In these Rules expressions referring to writing shall, unless the contrary intention appears, be construed as including references to any mode of representing or reproducing words in a visible form. Computation of time. 4. When the time for doing any act or taking any proceedings expires on a Sunday or Court holiday, and by reason thereof the act or proceeding cannot be done or taken on that day, the act or proceeding shall, so far as regards the time of doing or taking it, be held to be duly done or taken if done or taken on the next day which is not a Sunday or Court holiday. Use of Forms in Schedules. 5. The forms in the Schedules to these Rules, where applicable, and where they are not applicable forms of the like character, with such variations as circumstances require, shall be used. Part II.—Court Procedure. Division 1.—Court and Chambers. Application of High Court Rules. 6. (1) Where any practice or procedure of the Court is not regulated by these Rules, the practice or procedure shall be regulated as nearly as may be by the Rules of the High Court for the time being in force. Court may sit at any time. (2) Sittings of the Court shall, if there is any business to be transacted, be held on any day the Judge thinks fit to sit in Court. Submission of doubtful questions to Judge. 7. The Registrar may in his discretion submit to the Judge any matter before him upon which he is doubtful or which the parties, or either of them, desire should be submitted to the Court for its opinion direction and order. Adjournment from Registrar to Court. 8. Any matter or application pending before [the](http://ti.fi) Registrar shall be adjourned to be heard before the Court, if the Court either specially or by any general direction applicable to the particular case, so directs. Adjournment from chambers to court and vice versa. 9. Subject to the provisions of these Rules, any matter or application may, at any time, if the Court thinks fit, be adjourned from Chambers to Court or from Court to Chambers; and, if all the contending parties require any matter or application to be adjourned from Chambers into Court, it shall be so adjourned. Witnesses may be ordered to leave Court. 10. Upon the application of any party to a proceeding heard in Court, or, during an examination under section 80 of the Act, on the application of the Official Receiver, the Judge or Registrar presiding may order that all or any witnesses or persons summoned for examination in the matter leave the Court or Chambers, as the case may be, until called on to give evidence. Division 2.—Proceedings. Proceedings, how intituled. 11.—(1.) Every proceeding before the Court shall be dated, and shall be intituled “In the Court of Bankruptcy”, with the name of the District in which it is taken, and of the matter to which it relates. Numbers and dates may be denoted by figures. (2.) All applications and orders shall be intituled ex parte the applicant. (3.) The first proceeding in every matter shall have a distinctive number assigned to it by the Registrar, and all subsequent proceedings in the same matter shall bear the same number. Written proceedings. (4.) All proceedings in Court shall be written on paper of the size of thirteen inches and one-half inch in length and eight inches and one-half inch in breadth, or thereabouts; but no objection shall be allowed to any proof, affidavit or proxy on account of its being written on paper of other size. Records of the Court. 12. All proceedings of the Court shall remain on record in the Court so as to form a complete record of each matter, and they shall not be removed for any purpose, except for the use of the officers of the Court, or by special direction of the Court, Judge, or Registrar, but they may, subject to the Act, at all reasonable times, be inspected by the trustee, the debtor, and any creditor who has proved, or any person on behalf of the trustee, debtor, or any such creditor. Notices to be in writing. 13. All notices required by the Act or these Rules shall be in writing, unless these Rules otherwise provide, or the Court in any particular case otherwise orders. Process to be sealed. 14. All summonses, petitions, notices, orders, warrants, and other process issued by the Court shall be sealed. Meetings summoned by Court. No. 37 1924. First Schedule r. 5. 15.—(1.) Where the Court directs a general meeting of creditors to be summoned under Rule 5 in the First Schedule to the Act, it shall be summoned as the Court directs, and in default of any direction by the Court the Registrar shall transmit a sealed copy of the first-mentioned direction to the trustee or the Official Receiver, as the case may be. (2.) The trustee or Official Receiver shall, not less than seven days before the meeting, send a copy of the direction to each creditor at the address given in his proof, or in case he has not proved, the address given in the list of creditors by the debtor, or such other address as is known to the trustee or Official Receiver. Office copies. 16. All office copies of petitions, proceedings, affidavits, books, papers, and writings, or any parts thereof required by any trustee, or by any debtor, or by any creditor, or by the solicitor of any such trustee, debtor, or creditor, shall be provided by the Registrar; and shall, except as to figures, be fairly written at length, and be sealed and delivered out without any unnecessary delay. Filing Gazetting, &c. 17.—(1.) The Registrar shall file a copy of each issue of the Commonwealth Gazette, and, whenever the Commonwealth Gazette contains any advertisement relating to any matter under the Act in the Court, he shall at the same time file with the proceedings in the matter a memorandum in accordance with Form 187, referring to and giving the date of the advertisement. (2.) In the case of an advertisement in a local paper, the Registrar shall in like manner file a copy of the advertisement extracted from the paper and a memorandum in accordance with Form 187 referring to and giving the date of the advertisement. (3.) For this purpose one copy of each local paper, in which any advertisement relating to any matter under the Act in the Court is inserted, shall be left with the Registrar by the person inserting the advertisement. (4.) The memorandum by the Registrar shall be prima facie evidence that the advertisement to which it refers was duly inserted in the issue of the Commonwealth Gazette or paper mentioned in it, and the copy of the advertisement referred to in sub-rule (2.) of this rule, certified by the Registrar to have been extracted from the local paper published on the date specified in the certificate, shall be prima facie evidence that the advertisement was published in the paper on the date so certified. Transfer of proceedings by Court No 37 1924 s. 20 (2) 18. The Court may at any time, for good cause shown, order the proceedings in any matter under the Act, which have been commenced or are pending in the Court, to be transferred to any other Court. Transmission of order of transfer. 19. When an order of transfer has been made by any Court, the Registrar shall send by post a sealed copy of the order of transfer to the Court affected by the order. Transfer of Official Receiver’s duties. 20. Where the proceedings in any matter are transferred by any Court, the Official Receiver of the Court to which such proceedings are transferred shall become the Official Receiver of the debtor’s estate in place of the Official Receiver of the Court from which the proceedings are transferred. Transmission of records. 21. Where the proceedings in any matter are transferred from a Court to any other Court, the Registrar of the first-mentioned Court shall send by post the records of proceedings transferred to the Registrar of the Court to which the transfer is made. Notice of transfer to Inspector-General and Official Receiver. 22. The Registrar of the Court to which proceedings are transferred shall give notice of the transfer to the Official Receiver of the same Court, and to the Inspector-General, as soon as he receives the records of proceedings from the Registrar of the Court from which the transfer is made. Proceedings commenced in wrong Court. 23. When any bankruptcy proceeding has been commenced in a Court in which it should not have been commenced, the Judge of the Court may order that the proceeding shall be transferred to the Court in which the proceeding should have been commenced, or that it be continued in the Court in which it was commenced; but, unless and until a transfer is made under these Rules, the proceeding shall continue in the Court in which it was commenced. Transferred matter to receive new number. 24. When a matter is transferred from one Court to another, it shall receive a new distinctive number. Division 3[\[TWN T21\]](#_cmnt1).—Motions and Practice. Applications to be by motion. 25\. Every application to the Court (unless otherwise provided by these Rules, or the Court in any particular case otherwise directs) shall be made by motion supported by affidavit. Notice of motion to be filed. 26.—(1.) A party intending to move shall file with the Registrar a copy of his notice of motion. (2.) There shall be endorsed on the copy the name of the applicant’s solicitor (if any), and also (if known) the name of the respondent’s solicitor. Notice of motion, and ex parte applications. 27. Where any party, other than the applicant, is affected by the motion, no order shall be made, unless upon the consent of the party duly shown to the Court, or upon proof that notice of the intended motion and a copy of the affidavits in support thereof have been duly served upon the party: Provided that the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail serious mischief, may make any order ex parte upon such terms as to costs and otherwise, and subject to such undertaking, if any, as the Court thinks just; and any party affected by the order may move to set it aside. Length of notice. 28.—(1.) Unless the Court gives leave to the contrary, notice of motion shall be served on any party to be affected thereby not less than eight days before the day named in the notice for hearing the motion. (2) An application for leave to serve short notice of motion shall be made ex parte. Affidavits against motion. 29. Where a respondent intends to use affidavits in opposition to a motion he shall deliver copies of the affidavits to the applicant, and make any exhibits to the affidavit available for inspection by the applicant, not less than four days before the day appointed for the hearing. Notice not served on all proper parties. 30. If on the hearing of any motion or application the Court is of opinion that any person to whom notice has not been given ought to have, or to have had, the notice, the Court may either dismiss the motion or application, or adjourn the hearing thereof, in order that the notice may be given, upon such terms as the Court thinks fit. Adjournment. 31\. The hearing of any motion or application may from time to time be adjourned, upon such terms (if any) as the Court thinks fit. Personal service. 32. In cases in which personal service of any notice of motion, or of any order of the Court, is required, it shall be effected, in the case of a notice of motion, by delivering to each party to be served a copy of the notice of motion; and, in the case of an order, by delivering to each party to be served a sealed copy of the order. Filing affidavits on motion. 33. Every affidavit to be used in supporting or opposing any opposed motion shall be filed with the Registrar not later than the day before the day appointed for the hearing. Indorsement and filing of affidavits. 34. The Registrar, upon any affidavit being left with him to be filed, shall endorse it with the day of the month and year when it was so left, and forthwith file it with the proceedings to which it relates, and any affidavit left with the Registrar to be filed shall on no account, except by order of the Court, be delivered out to any person. Precedence of motions. 35. Except in cases of emergency, or for any other cause deemed sufficient by the Court, all motions shall be made and heard in the order in which they are set down at the sitting of the Court. Applications in Chambers. 36.—(1.) All applications to a Judge in Chambers, unless ex parte, shall be made upon notice in writing, which shall be served twenty-four hours before the time fixed in the notice. (2.) Copies of the affidavits intended to be used in support of the application shall be served with the notice. (3.) Copies of the affidavits intended to be used in opposition or in reply shall be served before the hearing.