Bankruptcy Rules

Part 1.—Preliminary.

Citation.

1. These Rules may be cited as the Bankruptcy Rules.

Commencement.

2. These Rules shall come into operation on the day on which the Act comes into operation.

Parts.

3. These Rules are divided into Parts, as follows:—

Part I.—Preliminary (Rules 1-6).

Part II.—Proceedings in Connexion with Bankruptcy.

Division 1.—Bankruptcy Notices (Rules 7-10).

Division 2.—Creditors’ Petitions (Rules 11-14).

Division 3.—Service (Rules 15-16).

Division 4.—Orders under Section 50 of the Act (Rules 17-19).

Division 5.—Hearing of Petitions (Rules 20-23).

Division 6.—Debtors’ Petitions (Rules 24-25).

Division 7.—Sequestration Orders (Rules 26-29).

Division 8.—Statements of Affairs (Rules 30-31).

Division 9.—Public Examination of Bankrupts (Rules 32-34).

Division 10.—Compositions or Schemes after Sequestration (Rules 35-36).

Part III.—Administration of Property.

Division 1.—Proof of Debts (Rules 37-39).

Division 2.—Order of Payment of Debts (Rule 40).

Division 3.—Appropriation of Income (Rule 41).

Division 4.—Disclaimers (Rules 42-45).

Division 5.—Dividends (Rules 46-48).

Part IV.—Discharge (Rules 49-57).

Part V.—Trustees and Official Receivers.

Division 1.—Trustees (Rules 58-69).

Division 2.—Official Receivers (Rules 70-72).

Division 3.—Accounts (Rule 73).

Part VI.—Small Bankruptcies (Rule 74).

Part VII.—Proceedings under Part X. of the Act (Rules 75-85).

Part VIII.—Administration of Estates of Deceased Persons in Bankruptcy (Rules 86-91).

Part IX.—Meetings of Creditors (Rules 92-100).

Part X.—Practice and Procedure.

Division 1.—Preliminary (Rule 101).

Division 2.—Applications to the Court (Rules 102-114).

Division 3.—The Registrar (Rules 115-119).

Division 4.—Service of Process (Rules 120-123).

Division 5.—Judgments and Orders (Rule 124).

Part XI.—Evidence.

Division 1.—Witnesses (Rules 125-131).

Division 2.—Affidavits (Rules 132-141).

Division 3.—Interrogatories, Discovery, Inspection and Admissions (Rules 142-154).

Division 4.—Inquiries and Accounts (Rules 155-157).

Part XII.—Review and Appeals (Rules 158-159).

Part XIII.—Taxation of Costs (Rules 160-173).

Part XIV.—Warrants (Rules 174-178).

Part XV.—Fees and Percentages (Rules 179-184).

Part XVI.—Persons under Disability (Rules 185-194).

Part XVII.—Miscellaneous (Rules 195-202).

Interpretation.

4.—(1.) In these Rules, unless the contrary intention appears—

“address for service”, in relation to a person, means the address given by the person as his address for service in accordance with these Rules;

“certificate of taxation” means a certificate of taxation given under sub-rule (1.) of rule 172 of these Rules;

“filed”, in relation to a document, means filed in the office of the Registrar in Bankruptcy for the appropriate District and “file” and “filing” have corresponding meanings;

“hearing date”, in relation to a petition or application to the Court or application to a Registrar, means the date specified in the petition or application, as the case may be, as the date fixed for the hearing of the petition or application or, if a later date has been fixed for the hearing of the petition or application in accordance with these Rules, that later date;

“interrogatories” means interrogatories delivered in accordance with Division 3 of Part XI.;

“legally qualified medical practitioner” means a person registered and entitled to practise as a medical practitioner in accordance with the law of a State or Territory of the Commonwealth;

“meeting of creditors” means a meeting of creditors under the Act;

“official copy”, in relation to a petition, means a copy of the petition that has attached to it, or written on it, a note, in accordance with Form 6, signed by the Registrar;

“Schedule” means Schedule to these Rules;

“summons” means a summons issued under the Act or under these Rules;

“taxing officer” has the same meaning as in section 167 of the Act;

“the Act” means the Bankruptcy Act 1966.

(2.) In these Rules, a reference to the respondents, in relation to a proceeding, shall be read—

(a) if the proceeding is ancillary to another proceeding—as a reference to the parties to the other proceeding other than the applicant in the first-mentioned proceeding; or

(b) if the proceeding is not ancillary to another proceeding—

(i) in the case of the petition or application instituting the proceeding—as a reference to the persons on whom the petition or application is intended to be served; or

(ii) in any other case—as a reference to the persons named as respondents to the petition or application instituting the proceeding and any other person on whom the Court has directed that the petition or application be served.

(3.) A reference in these Rules to a Schedule by number shall be read as a reference to the Schedule so numbered to these Rules.

(4.) A reference in these Rules to a form by number shall be read as a reference to the form so numbered in the First Schedule.

(5.) Subject to these Rules, a reference in these Rules to a notice shall be read as a reference to a notice in writing unless the Court in a particular proceeding dispenses with written notice.

(6.) Where a person referred to in a rule of these Rules is not represented by a solicitor, a reference in the rule to the solicitor for the person shall be read as a reference to the person.

How documents intituled.

5.—(1.) A document filed in, or issued out of, the office of a Registrar in Bankruptcy in relation to a proceeding instituted in the Court shall be intituled in accordance with Form 1.

(2.) Subject to the last preceding sub-rule, a document filed in, or issued out of, the office of a Registrar in Bankruptcy for the purposes of the Act shall be intituled in accordance with Form 2.

Compliance with forms.

6.—(1.) Strict compliance with the forms in the First Schedule is not necessary and substantial compliance, or such compliance as the special circumstances of a particular case allow, is sufficient.

(2.) Where a person referred to in a form in the First Schedule is not represented by a solicitor, a reference in the form to the solicitor for the person shall be read as a reference to the person.

(3.) Where the word “Title” appears on a form in the First Schedule, it shall be taken to indicate that a document required to be in accordance with that form shall be intituled—

(a) if the document is for use in connexion with a proceeding in the Court—in accordance with Form 1; or

(b) in any other case—in accordance with Form 2.

Part II.—Proceedings in Connexion with Bankruptcy.

Division 1.—Bankruptcy Notices.

Application for issue of bankruptcy notice.

7.—(1.) Application may be made to the Registrar for the issue of a bankruptcy notice by filing an application, in accordance with Form 3, in the office of the Registrar.

(2.) At the time when the application is filed, the applicant shall—

(a) file one of the following documents in respect of the final judgment or final order in relation to which the bankruptcy notice is to be issued:—

(i) an office, sealed or certified copy of the judgment or order;

(ii) a certificate of the judgment or order under the seal of the court or under the hand of an officer of the court;

(iii) a copy of the entry of the judgment or order certified by an officer of the court to be a true copy of that entry;

(iv) if the judgment or order has been registered in a court under section 21 of the Service and Execution of Process Act 1901-1963—an office or sealed copy of the certificate produced for the purpose of registering the judgment or order; or

(v) if the judgment or order is an award referred to in paragraph (a) of sub-section (3.) of section 40 of the Act—a copy of the award certified to be a true copy of the award by a person who has compared the copy with the original award; and

(b) furnish to the Registrar, for signature by the Registrar, so many copies of a form of bankruptcy notice as are required for service and for annexure to any affidavits of service, and one additional copy of that form for filing.

(3.) Where an applicant files a copy of the certificate referred to in sub-paragraph (iv) of paragraph (a) of the last preceding sub-rule, the applicant shall also file an affidavit made by the person in whose favour the judgment or order was given, or by some other person cognizant of the facts of the case, stating the amount actually due and unpaid under the judgment or order.

(4.) Where an applicant files a certified copy of an award, the applicant shall also file an office, sealed or certified copy of the order of a court giving leave to enforce the award.

(5.) Where the Registrar is satisfied that application has been duly made to him for the issue of a bankruptcy notice and that the copies of the form of bankruptcy notice furnished to him in accordance with paragraph (b) of sub-rule (2.) of this rule are in order for signature, the Registrar shall sign each of those copies and return them to the applicant.

(6.) Where the Registrar issues a bankruptcy notice, the applicant shall file a copy of the notice.

(7.) In this rule, a reference to the court, in relation to a judgment or order, shall be read as a reference to the court by which the judgment was given or the order was made.

Form of bankruptcy notice.

8. For the purposes of paragraph (a) of sub-section (1.) of section 41 of the Act, a bankruptcy notice shall be in accordance with Form 4.

Duration of notice.

9.—(1.) Service of a bankruptcy notice may be effected within a period of six months after the day on which it is issued or within such extended period as the Court or the Registrar allows by an order made before the expiration of that period or of any extended period previously allowed.

(2.) Where a bankruptcy notice is served on a person after the expiration of six months after the day on which it is issued, a copy of the order, or the last order, as the case may be, extending the time for serving the notice shall be served on the person at the same time as the notice is served on the person.

(3.) Service of a bankruptcy notice on a person is of no force and effect unless service is effected within the period within which service may be effected under sub-rule (1.) of this rule.

Registrar to fix time and place of hearing of counter-claim, &c.

10. Where a debtor on whom a bankruptcy notice has been served files an affidavit to the effect that he has a counter-claim, set-off or cross demand of a kind referred to in paragraph (g) of sub-section (1.) of section 40 of the Act, the Registrar.

(a) shall fix a date, time and place at which the debtor may appear before the Court for the purpose of satisfying the Court that he has the counter-claim, set-off or cross demand referred to in the affidavit; and

(b) shall serve notice of the date, time and place so fixed on the solicitor for the debtor and the solicitor for the judgment creditor specified in the notice, respectively.

Division 2.—Creditors’ Petitions.

Amount of deposit by petitioning creditor.

11. For the purposes of sub-section (1.) of section 48 of the Act, the amount is Twenty dollars.

Procedure for presentation of petition.

12.—(1.) A creditor may present a petition seeking the making of a sequestration order against the estate of a debtor by filing the petition in the office of a Registrar in Bankruptcy.

(2.) A petition shall be in accordance with Form 5 and shall have attached to it, or written on it, a note, for signature by the Registrar, in accordance with Form 6.

(3.) At the time when a petition is filed, the petitioning creditor shall—

(a) furnish to the Registrar for sealing so many copies of the petition as are required for service and for annexure to any affidavits of service;

(b) file the affidavit verifying the petition required by paragraph (b) of sub-section (1.) of section 47 of the Act; and

(c) if an act of bankruptcy on which the petition is founded is that referred to in sub-paragraph (ii) of paragraph (d) of sub-section (1.) of section 40 of the Act—file an affidavit of a person who has knowledge of the facts stating that the writ or warrant of execution relating to the act of bankruptcy has been returned unsatisfied and having annexed to it a sealed or certified copy of that writ or warrant of execution, being a sealed or certified copy that has written on it a sealed or certified copy of the return to the writ or warrant.

Copies of petition for service.

13.—(1.) Where a petition is filed, the Registrar shall—

(a) fix a date, time and place for the hearing of the petition;

(b) cause particulars of the date, time and place so fixed to be inserted in the note attached to each copy of the petition that is furnished to the Registrar in accordance with paragraph (a) of sub-rule (3.) of the last preceding rule and sign that note; and

(c) return each of those copies to the petitioning creditor.

(a) a petition has not been served on any debtor; and

(b) the petition has not lapsed under sub-section (4.) of section 52 of the Act,

the Registrar may alter the date, time and place fixed for the hearing of the petition.

(3.) Subject to rule 23 of these Rules, where the Registrar alters the date, time and place fixed for the hearing of a petition, he shall alter the note containing particulars of the date, time and place so fixed that is attached to each copy of the petition furnished to him in accordance with paragraph (a) of sub-rule (3.) of the last preceding rule.

Security for costs.

14.—(1.) This rule applies in relation to a petitioning creditor—

(a) if the petitioning creditor—

(i) is ordinarily resident outside Australia;

(ii) is a bankrupt; or

(iii) has made default in payment of costs ordered by a court to be paid by him to the debtor;

(b) if a petition under the Act is pending against the creditor; or

(c) if the petitioning creditor’s affairs are being administered by a trustee in accordance with a composition that is binding by virtue of sub-section (1.) of section 238 of the Act.

(2.) The Court may, upon application made by a debtor on whom a petition has been served, order the petitioning creditor to give security to the Court for the costs of the debtor in and in relation to the proceedings—

(a) if the petitioning creditor is a petitioning creditor in relation to whom this rule applies; or

(b) in any other case—if the Court is satisfied that there is a special reason for making the order.

Division 3.—Service.

Personal service of bankruptcy notice or creditor’s petition.

15. Unless otherwise ordered by the Court under sub-section (2.) of section 309 of the Act—

(a) service of a bankruptcy notice shall be effected on the debtor by delivering to the debtor personally a copy of the bankruptcy notice signed by the Registrar; and

(b) service of a creditor’s petition shall be effected on a debtor by delivering to the debtor personally an official copy of the petition and a copy of the affidavit or of each affidavit verifying the petition—

(i) if service is effected in Australia—not less than eight days before the hearing date for the petition; or

(ii) in any other case—not less than such reasonable time before the hearing date for the petition as is determined by the Registrar.

Proof of service.

16. Due service of a bankruptcy notice or petition shall be deemed not to have been proved by affidavit unless—

(a) in the case of a bankruptcy notice—a copy of the bankruptcy notice signed by the Registrar is marked as an annexure to the affidavit; or

(b) in the case of a petition—an official copy of the petition and a copy of the affidavit or each affidavit verifying the petition are marked as annexures to the affidavit.

Division 4.—Orders under Section 50 of the Act.

Application for receiver before sequestration.

17.—(1.) An affidavit in support of an application under section 50 of the Act shall state such particulars of the property of the debtor, its location and its value as are known to the applicant.

(2.) An application under section 50 of the Act shall be in accordance with Form 7.

Expenses of receiver before sequestration.

18.—(1.) Where the Court has, on application by a creditor under section 50 of the Act, directed an official receiver to take control of the property of a debtor and the amount deposited with the official receiver in accordance with the directions of the Court to meet the fees and expenses of the official receiver in taking control of the property of the debtor is insufficient to meet those fees and expenses, the official receiver may apply to the Court for an order directing the creditor to deposit with the official receiver such additional sum as the Court thinks fit to direct.

(2.) Where, after the Court has on application made by a creditor under section 50 of the Act directed the official receiver to take control of the property of a debtor—

(a) the debtor enters into an assignment, arrangement or composition under Part X. of the Act, or the debtor’s estate is administered under Part XI. of the Act, and the Court authorizes the official receiver to transfer the property to some other person;

(b) a sequestration order is made against the debtor;

(c) the creditor’s petition against the debtor is dismissed; or

(d) a debtor’s petition relating to the debtor is accepted by the Registrar, the creditor is entitled to a refund of the amount deposited by him in accordance with a direction of the Court to meet the fees and expenses of the official receiver in taking control of the property of the debtor or of so much of that amount as has not been duly expended by the official receiver.

Application for damages where petition dismissed.

19. Where, after an order is made under section 50 of the Act on the application of a creditor, the creditor’s petition against the debtor is dismissed, the debtor may, within twenty-one days after the day on which the petition is dismissed, make application to the Court for an order for the assessment of the amount of any damage resulting from the control of the property of the debtor by the official receiver in accordance with the order and for the payment by the creditor to the debtor of an amount equal to the amount of that damage.

Division 5.—Hearing of Petitions.

Notice of opposition to petition.

20. A debtor who intends to deny or dispute a statement in a petition or oppose a petition on any other ground shall, not less than three days before the hearing date of the petition—

(a) file a notice, in accordance with Form 8, setting out or referring to the statement in the petition that he intends to deny or dispute or the other grounds on which he intends to oppose the petition; and

(b) serve a copy of the notice on the solicitor for the petitioning creditor.

Petitioner to file certain affidavits before the hearing.

21.—(1.) A petitioner shall, before the petition is heard—

(a) file an affidavit made by a person who has searched in the indexes kept by the Registrar stating whether any bankruptcy proceedings in the District are pending against the debtor or whether the debtor is a bankrupt;

(b) file an affidavit made by a person who has knowledge of the facts stating that the debt or debts on which the petitoning creditor relies is or are still owing; and

(c) if the debt specified in the petition is an amount payable to the petitioner under a judgment that ordered that amount to be paid into the court by which the judgment was given—file an affidavit made by a person who has searched in the proper office of that court stating whether that amount or any of that amount has been paid into that court in accordance with the judgment.

(2.) An affidavit shall be deemed not to comply with the last preceding sub-rule unless—

(a) if the affidavit is filed for the purposes of paragraph (a) or (c) of that sub-rule—the search is made; or

(b) if the affidavit is filed for the purpose of paragraph (b) of that sub-rule—the affidavit is sworn,

on the hearing date for the petition or, if it is not practicable for the search to be made or the affidavit to be sworn, as the case may be, on that date, as soon as practicable before that date.

Registrar’s certificate.

22.—(1.) Within three days before the hearing date for a petition, the Registrar shall file a certificate under his hand certifying—

(a) whether, in the opinion of the Registrar, the provisions of the Act and of these Rules have been complied with in all respects in and in relation to the proceeding instituted by the petition;

(b) whether, in the opinion of the Registrar, the facts alleged in the affidavits filed in support of the petition are consistent with the debtor having committed the act of bankruptcy specified in the petition;

(c) whether, in the opinion of the Registrar, due service of the petition on the debtor has been proved by an affidavit filed in connexion with the proceeding; and

(d) whether the debtor has filed a notice under rule 20 of these Rules.

(2.) Where the Registrar states in a certificate under the last preceding sub-rule that, in his opinion, the provisions of the Act and these Rules have not been complied with in all respects in and in relation to the proceeding, the Registrar shall also state in the certificate in what respect those provisions, in his opinion, have not been complied with.

(3.) Where, after a certificate under sub-rule (1.) of this rule has been filed, the proceeding to which the certificate relates is adjourned for hearing on a later day, whether or not the proceeding is adjourned in relation to the debtor or all the debtors to which the proceeding relates or only in relation to one or more of those debtors, the Registrar shall, if requested to do so by a Judge of the Court, file a further certificate under sub-rule (1.) of this rule within three days before the date fixed for the further hearing of the proceeding.

Court may order separate hearings where there are two or more respondents to a creditor’s petition.

23.—(1.) Where a creditor’s petition has not been served in accordance with these Rules on each of the debtors specified in the petition, it may be heard against the debtor who has been, or the debtors who have been, so served.

(2.) Where a separate hearing has taken place in accordance with the last preceding sub-rule against a debtor or debtors specified in a creditor’s petition—

(a) the Court or a Registrar may fix a date for the hearing of the petition against the other debtor or debtors; and

(b) the petition may be heard against the other debtor or debtors successively when the petition has been served in accordance with these Rules on the debtor or debtors.

(3.) Where the Court or a Registrar fixes, under the last preceding sub-rule, a date for the hearing of a petition against a debtor, a Registrar shall alter the date on the note on the official copy of the petition for service on the debtor, and on another official copy of the petition.

(4.) The Court may, in any other case, if it thinks fit, order a separate hearing of a creditor’s petition against one or more of the debtors specified in the petition.

Division 6.—Debtors’ Petitions.

Form of debtor’s petition.

24. For the purposes of sub-section (2.) of section 55 of the Act—

(a) a debtor’s petition shall be in accordance with Form 9;

(b) an affidavit verifying a statement of affairs shall be in accordance with Form 10; and

(c) a statement of affairs shall be in accordance with Form 11.

Reference of debtor’s petition to the Court.

25. Where the Registrar refers a debtor’s petition and statement of affairs to the Court in accordance with sub-section (4.) of section 55 of the Act or refers a debtor’s petition and statement of affairs to the Court in accordance with sub-section (3.) of section 56 of the Act, the Registrar shall serve on the solicitor for the debtor notice of the date, time and place fixed for the hearing of the reference by the Court.

Division 7.—Sequestration Orders.

Form of sequestration order and number of copies to be produced to Registrar.

26.—(1.) A sequestration order shall be in accordance with Form 12.

(2.) A person who furnishes to the Registrar a form of sequestration order for signing and sealing shall furnish to the Registrar a number of copies of the form of the order equal to one more than the number of debtors specified in the order.

(3.) Where a form of sequestration order that is in order for signature is lodged with the Registrar under the last preceding sub-rule, the Registrar shall—

(a) if the sequestration order was made by the Federal Court of Bankruptcy—sign, seal and file the order; or

(b) in any other case—cause the form of order to be signed and sealed as an order of the court by which it was made, and, when it has been so signed and sealed, file the order.

(4.) Where a sequestration order has been filed under the last preceding sub-rule, the Registrar shall cause the other copies of the order lodged with him to be forwarded to the official receiver for the District.

Notification of bankruptcy.

27.—(1.) For the purposes of paragraph (a) of sub-section (1.) of section 19 of the Act, where a person becomes a bankrupt, the Official Receiver shall notify the person of the bankruptcy—

(a) if the person becomes a bankrupt by virtue of the making of a sequestration order—by posting a sealed copy of the sequestration order to the person at the last known address of the person by certified mail, postage being prepaid; or

(b) if the person becomes a bankrupt by virtue of the acceptance, in pursuance of a direction of the Court, by the Registrar of a debtor’s petition that relates to the person—by posting to the person at the last known address of the person by certified mail, postage being prepaid, a notice informing the person of the acceptance of the debtor’s petition and of the fact that the person is therefore a bankrupt.

(a) service of a creditor’s petition is effected on a person, by virtue of an order under section 309 of the Act, by serving the petition on another person, whether or not any other manner of service of the petition is also specified in the order;

(b) a sequestration order is made on the creditor’s petition; and

(c) the official receiver is, after making reasonable inquiries, unable to ascertain the address of the bankrupt,

the address of the person on whom the petition was so served shall be deemed to be the last-known address of the bankrupt for the purposes of the last preceding sub-rule.

Notice of bankruptcy to be given by Registrar.

28. For the purposes of sub-section (1.) of section 310 of the Act, publication in such newspaper or newspapers as the Registrar thinks appropriate is a prescribed manner of publication.

Time within which a trustee is to request a debtor to surrender his security.

29. For the purposes of sub-section (5.) of section 44 of the Act, the time is three months.

Division 8.—Statements of Affairs.

Form of statement of affairs.

30. For the purposes of paragraph (a) of sub-section (1.) of section 54, or sub-section (6.) of section 56, of the Act—

(a) an affidavit verifying a statement of affairs shall be in accordance with Form 10; and

(b) a statement of affairs shall be in accordance with Form 11.

Application for extension of time for filing statement of affairs.

31.—(1.) An application to the Court for an extension of the time prescribed by sub-section (2.) of section 54, or sub-section (6.) of section 56, of the Act for a person to file a statement of affairs shall be served on the official receiver.

(2.) Application may be made to the Registrar ex parte for an extension of the time prescribed by sub-section (2.) of section 54, or sub-section (6.) of section 56, of the Act for a person to file a statement of affairs by filing a request for the extension of time setting out the matters submitted by the person in support of the request.

(3.) A person may, before filing a request to the Registrar under the last preceding sub-rule, submit the request to the official receiver and afford the official receiver an opportunity to write on the request or attach to the request a note of any matters that the official receiver wishes the Registrar to take into account when determining the request.

(4.) Where a person who files a request to the Registrar under sub-rule (2.) of this rule has not submitted the request to the official receiver under the last preceding sub-rule, the Registrar shall, before determining the request, inform the official receiver that the request has been filed and afford the official receiver an opportunity to furnish to the Registrar a note of any matters that the official receiver wishes the Registrar to take into account when determining the request.

Division 9.—Public Examination of Bankrupts.

Examination of bankrupts.

32.—(1.) Where the Registrar appoints, under sub-section (1.) of section 69 of the Act, a date, time and place for the examination of a bankrupt, he shall issue a summons, in accordance with Form 13, for the attendance of the bankrupt on the date, and at the time and place, so appointed and forward the summons to the official receiver for service on the bankrupt.

(2.) On receipt of a summons forwarded to him under the last preceding sub-rule, the official receiver shall cause—

(a) the summons to be served on the bankrupt; and

(b) notice of the date, time and place appointed for the examination of the bankrupt to be given in writing to each creditor of the bankrupt of whose debt he has notice.

(3.) For the purposes of paragraph (e) of sub-section (1.) of section 19 of the Act, particulars of the date, time and place fixed for the public examination of a bankrupt shall be advertised in the Gazette and in such newspaper or newspapers as the official receiver thinks appropriate.

Procedure where examinations under sections 69 and 81 of the Act have been adjourned.

33.—(1.) Where—

(a) the commencement of the examination of a bankrupt under section 69 of the Act has been postponed by the Court;

(b) the examination of a bankrupt under that section has been adjourned by the Registrar generally or for further hearing before the Registrar on a date to be fixed;

(c) the examination of a bankrupt under section 69 of the Act has been adjourned by the Registrar for further hearing before the Court or by the Court for further hearing before the Registrar;

(d) the examination of a bankrupt or other person under section 81 of the Act has been adjourned by the Court, the Registrar or a magistrate generally or for further hearing before the Court, the Registrar or the magistrate, as the case may be, on a date to be fixed; or

(e) the examination of a bankrupt or other person under section 81 of the Act has been adjourned by the Registrar or a magistrate for further hearing before the Court,

the trustee shall cause notice of the date, time and place fixed for the commencement of the examination of the bankrupt, or for the further examination of the bankrupt or other person, as the case may be, to be served on the bankrupt or other person.

(a) a creditor or the agent of a creditor takes part in the examination of a bankrupt under section 69 of the Act; or

(b) a creditor makes application for the examination of a bankrupt or other person under section 81 of the Act, or takes part in such an examination,

and the examination is adjourned in such circumstances that the trustee is required to serve a notice under the last preceding sub-rule, the trustee shall also cause notice of the date, time and place fixed for the further examination of the bankrupt or the other person, as the case may be, to be served on that creditor.

Procedure on application to the Registrar to dispense with or postpone public examinations.

34.—(1.) An application for a direction under sub-section (9.) of section 69 of the Act may be made by—

(b) if the official receiver is not the trustee of the bankrupt’s estate—that trustee; or

(c) the bankrupt or another person acting on behalf of the bankrupt.

(2.) An application referred to in the last preceding sub-rule may be made to the Registrar ex parte by the official receiver or the trustee by filing a request in writing together with—

(a) a certificate of a legally qualified medical practitioner giving particulars of the bankrupt’s mental or physical disability; and

(b) a report by the official receiver or by the trustee, as the case may be, setting out any other matters that the official receiver or trustee wishes the Registrar to consider in connexion with the application.

(3.) Where an application referred to in sub-rule (1.) of this rule is made by a person other than the official receiver or the trustee—

(a) the applicant may file, in support of the application, a certificate of a legally qualified medical practitioner giving particulars of the bankrupt’s mental or physical disability; and

(b) a copy of the application, being a copy on which particulars of the date, time and place fixed for hearing the application have been written, shall be served—

(i) on the official receiver; and

(ii) if the official receiver is not the trustee of the bankrupt’s estate—on that trustee.