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Contents

Part I PRELIMINARY

Part II COURT PROCEDURE

Court and chambers

Proceedings

Applications and practice

Affidavits

Security in court

Witnesses and depositions

Warrants, arrests and commitments

Service and execution of process

Appeals

Part III OFFICIAL ASSIGNEE

Report of Official Assignee

Part IV TRUSTEE IN BANKRUPTCY

Part V VOLUNTARY ARRANGEMENTS

Proposal for voluntary arrangement

Interim order

Preparation of nominee’s report

Action on proposal

Procedure for review of meeting’s decision

Completion of arrangement

Part VI PROCEEDINGS IN BANKRUPTCY

Statutory demand

Creditor’s bankruptcy application

Service of creditor’s bankruptcy application

Hearing of creditor’s bankruptcy application

Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application

Debtor’s bankruptcy application

Actions to follow upon making of bankruptcy order on debtor’s bankruptcy application

Interim receiver

Part VII BANKRUPTCY ADMINISTRATION

Creditors’ meeting

Statements of affairs

Examination of bankrupt and others

Settlement of list of debtors to estate

Procedure for proving debts

Quantification of claim

Secured creditors

Taking accounts of property mortgaged and sale thereof

Admission and rejection of proofs

Approval of composition or scheme

Appropriation of pay, salary, pensions, etc.

Disclaimer of lease

Disputed title to property

Special manager

Security by special manager

Distribution of dividends

Part VIII ANNULMENT AND DISCHARGE

Part IX COSTS AND TAXATION

Part IXA ELECTRONIC FILING SYSTEM

Part X MISCELLANEOUS PROVISIONS

Administration of estates of deceased insolvent

Persons of unsound mind

Registers

Accounts and audit

THE SCHEDULE

Legislative History

 
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On 02/09/2014, you requested the version in force on 02/09/2014 incorporating all amendments published on or before 02/09/2014. The closest version currently available is that of 01/08/2014.
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Applications and practice
Manner of making applications
11.
—(1)  A bankruptcy application shall, in accordance with rule 99(1) or 134(1), be made by originating summons supported by an affidavit.
(2)  Every interlocutory application in the course of a bankruptcy application shall be made by summons.
Duration and renewal of originating summons for purpose of service
11A.
—(1)  Subject to the other provisions of these Rules, for the purposes of service, an originating summons is valid in the first instance —
(a)
for 12 months beginning with the date of its issue, where leave to serve the originating summons out of the jurisdiction is required; and
(b)
in any other case, for 6 months beginning with the date of its issue.
(2)  Subject to paragraph (3), where an originating summons has not been served on the party against whom the application is made, the court may by order extend the validity of the originating summons from time to time for such period, not exceeding 6 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if any application for extension is made to the court before that day.
(3)  Where the court is satisfied on an application under paragraph (2) that, despite the making of reasonable efforts, it may not be possible to serve an originating summons within 6 months, the court may, if it thinks fit, extend the validity of the originating summons for such period, not exceeding 12 months at any one time, as the court may specify.
(4)  Before an originating summons, the validity of which has been extended under this rule, is served, it must be marked with an official stamp in Form 1A showing the period from which the validity of the originating summons has been so extended.
(5)  A note of the renewal must be entered in the cause book.
Service of application
12.
—(1)  Where any party other than the applicant is affected by an application, no order shall be made except with the consent of that party, or upon proof that the application and a copy of the affidavit in support thereof have been duly served upon him.
(2)  Where the court is satisfied that serious mischief may result from delay caused by proceeding in the ordinary way, the court may make an order ex parte upon such terms as to costs and otherwise, and subject to such undertaking, if any, as the court thinks just.
(3)  Any party affected by an order made ex parte may apply to set it aside.
Length of notice
13.  Unless the court gives leave to the contrary, an application shall be served on every party affected thereby not less than 7 days before the date of the hearing of the application.
Notice not served on all proper parties
14.  If, on the hearing of an application, the court is of opinion that any person to whom notice has not been given ought to have notice, the court may either dismiss the application, or adjourn the hearing upon such terms as it thinks fit, in order that notice may be given.
Adjournment
15.  The hearing of an application may be adjourned upon such terms, if any, as the court thinks fit.
Personal service
16.
—(1)  Where personal service of any application or order of the court is required, it shall be effected by delivering to each party to be served a copy of the application or, as the case may be, a sealed copy of the order.
(2)  The person effecting personal service shall file in the court within 3 days of service, or such further time as may be allowed by the Registrar, a copy of the document and an affidavit of service.