Bankruptcy Act - Australia

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bankruptcy under section 153B;

      (d) applications under:

      (i) section 222 (as applied by section 76B); or

      (ii) section 222C (as applied by section 76B);

      for an order setting aside or terminating a composition or scheme of arrangement under Division 6 of Part IV;

      (e) applications to set aside or avoid a charge, charging order, settlement, disposition, conveyance, transfer security or payment;

      (ea) applications under section 139A;

      (f) applications to declare for or against the title of the trustee to any property;

      (g) applications for the committal of a person to prison or for the release from prison of a person committed to prison;

      (i) applications for the trial of questions of fact with a jury and the trial of those questions;

      (j) applications under Part X:

      (i) for an order setting aside or terminating a personal insolvency agreement; or

      (ii) for a sequestration order against the estate of a debtor;

      (ja) applications for an order of annulment of the administration of the estate of a deceased person under Part XI; and

      (k) summary trials under Part XIV.

      (2) All other matters under this Act may, in the discretion of the Court, be heard in open Court or in Chambers.

      32 Costs

      The Court may, in any proceeding before it, including a proceeding dismissed for want of jurisdiction, make such orders as to costs as it thinks fit.

      33 Adjournment, amendment of process and extension and abridgment of times

      (1) The Court may:

      (a) upon such terms as it thinks fit, at any time adjourn any proceeding before it, either to a fixed date or generally;

      (b) at any time allow the amendment of any written process, proceeding or notice under this Act; or

      (c) extend before its expiration or, if this Act does not expressly provide to the contrary, after its expiration, any time limited by this Act, or any time fixed by the Court or the Registrar under this Act (other than the time fixed for compliance with the requirements of a bankruptcy notice), for doing an act or thing or abridge any such time.

      33A Alteration of filing date for statement of affairs

      (1) This section applies to a statement of affairs that was filed for the purposes of section 54, 55, 56B, 56F or 57 by a bankrupt, or by a person who later became a bankrupt.

      (2) If the Court is satisfied that the person believed, on reasonable grounds, that the statement had already been filed at a time before it was actually filed, the Court may order that the statement is to be treated as having been filed at a time before it was actually filed.

      (3) The Court cannot make an order that would result in the person being discharged from bankruptcy earlier than 30 days after the order is made.

      (4) In this section:

      filed includes presented, lodged or given.

      34 Orders and commissions for examination of witnesses

      The Court may, for the purposes of any proceeding before it:

      (a) order the examination upon oath of a person before an officer of the Court or other person, at any place within Australia; or

      (b) order that a commission issue to a person either within or beyond Australia authorizing him or her to take the testimony of a person upon oath;

      and may:

      (c) by the same or a subsequent order, give any necessary directions concerning the time, place and manner of the examination; and

      (d) admit in evidence, saving all just exceptions, the testimony obtained at the examination or in pursuance of the commission.

      34A Standard of proof

      (1) Where, in proceedings in the Court (other than proceedings for an offence), it is necessary, for a purpose relating to a matter arising under this Act, to establish, or for the Court to be satisfied as to, a particular fact (including a contravention of this Act), it is sufficient if that fact is established, or the Court is satisfied as to that fact, as the case may be, on the balance of probabilities.

      (2) Subsection (1) has effect except to the extent that this Act expressly provides otherwise.

      35 Family Court’s jurisdiction in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc.

      (1) If, at a particular time:

      (a) a party to a marriage is a bankrupt; and

      (b) the trustee of the bankrupt’s estate is:

      (i) a party to property settlement proceedings in relation to either or both of the parties to the marriage; or

      (ii) an applicant under section 79A of the Family Law Act 1975 for the variation or setting aside of an order made under section 79 of that Act in property settlement proceedings in relation to either or both of the parties to the marriage; or

      (iii) a party to spousal maintenance proceedings in relation to the maintenance of a party to the marriage;

      then, at and after that time, the Family Court has jurisdiction in bankruptcy in relation to any matter connected with, or arising out of, the bankruptcy of the bankrupt.

      (1A) If, at a particular time:

      (a) a party to a de facto relationship is a bankrupt; and

      (b) the trustee of the bankrupt’s estate is:

      (i) a party to property settlement proceedings in relation to either or both of the parties to the de facto relationship; or

      (ii) an applicant under section 90SN of the Family Law Act 1975 for the variation or setting aside of an order made under section 90SM of that Act in property settlement proceedings in relation to either or both of the parties to the de facto relationship; or

      (iii) a party to maintenance proceedings under Part VIIIAB of the Family Law Act 1975 in relation to the maintenance of one of the parties to the de facto relationship;

      then, at and after that time, the Family Court has jurisdiction in bankruptcy in relation to any matter connected with, or arising out of, the bankruptcy of the bankrupt.

      (2) Subsections (1) and (1A) do not limit the Family Court’s jurisdiction under section 35A.

      (3) In this section:

      property settlement proceedings has the same meaning as in the Family Law Act 1975.

      spousal maintenance proceedings means proceedings under the Family Law Act 1975 with respect to the maintenance of a party to a marriage.

      (4) An expression used in subsection (1A) that is also used in the Family Law Act 1975 has the same meaning in that subsection as it has in that Act.

      35A Transfer of proceedings to Family Court

      (1) Subject to subsection (2), where a proceeding is pending in the Federal Court, the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the Family Court.

      (2) A proceeding that is pending in the Federal Court at the commencement of this section shall not be transferred to the Family Court unless the parties to the proceeding consent to the transfer.

      (2A) If a proceeding is pending in the Federal Magistrates Court, the Federal Magistrates Court may, on the application of a party to the proceeding or on its own initiative, transfer the proceeding to the Family Court.

      (3) Subject to

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