Commonwealth legislation

Federal Magistrates Amendment Regulations 2004 (No. 1)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

292 of 2004

Collection

legislative instrument

Plain English Summary

1/10 complexity

What it does: These regulations introduce court fees for a specific bankruptcy procedure. When a creditor wants to make someone bankrupt but can't deliver the bankruptcy notice in person (because the person is avoiding service), they can apply to the court for 'substituted service' — permission to deliver the notice another way (such as by email, post, or publication).

The fees:

$150 — if the application involves a corporation
$75 — for individuals or any other case

Who it affects:

Creditors pursuing bankruptcy against elusive debtors
Companies or individuals who are targets of bankruptcy action

Why it matters: It sets the price for accessing this court procedure, ensuring users of the bankruptcy system contribute to court costs rather than funding them entirely through general taxation.

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Current sections

Direct links to the current provisions in Federal Magistrates Amendment Regulations 2004 (No. 1).

Federal Magistrates Amendment Regulations 2004 (No. 1)

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Federal Magistrates Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 2922

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Federal Magistrates Act 1999.

Dated 31 August 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney-General

1 Name of Regulations

These Regulations are the Federal Magistrates Amendment Regulations 2004 (No. 1).

2 Commencement

These Regulations commence on 1 November 2004.

3 Amendment of Federal Magistrates Regulations 2000

Schedule 1 amends the Federal Magistrates Regulations 2000.

Schedule 1 Amendment

(regulation 3)

[1] Schedule 1, after item 10 and before the note

insert

11	Filing of an application for an order for substituted service of a bankruptcy notice:
	(a) if a corporation is liable to pay the fee	$150.00
	(b) in any other case	$75.00

Notes

Note: 1. These Regulations amend Statutory Rules 2000 No. 102, as amended by 2000 No. 245 and 255.

Note: 2. Notified in the Commonwealth of Australia Gazette on 7 September 2004.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Federal Magistrates Amendment Regulations 2004 (No. 1)