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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 13/12/2017, you requested the version in force on 05/06/2006 incorporating all amendments published on or before 17/08/2017.
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Affidavits
Use of affidavit evidence
17.
—(1)  In any proceedings, evidence may be given by affidavit unless by any provision of these Rules it is otherwise provided or the court otherwise directs.
(2)  An affidavit may be sworn by any party to the proceedings, or by some other person possessing direct knowledge of the subject-matter of the application.
(3)  The court may, on the application of any party, order the attendance for cross-examination of the person making an affidavit.
(4)  Where, after such an order has been made, the person in question does not attend, his affidavit shall not be used in evidence without the leave of the court.
Filing and service of affidavits
18.
—(1)  Unless the provisions of the Act or these Rules under which an application is made provide otherwise, or the court otherwise allows, if any party to an application intends to rely on affidavit evidence at the hearing, he shall —
(a)
file his affidavit or affidavits (if more than one) in court; and
(b)
serve a copy of his affidavit or of each of his affidavits on the other party to the application and any other person who may appear and be heard,
not less than 5 days before the date fixed for the hearing.
(2)  Any affidavit filed in the Registry shall on no account be delivered out to any person other than the Official Assignee except by order of the court.
Affidavit filed out of time
19.
—(1)  An affidavit filed out of time may not be used except by leave of the court.
(2)  Unless the court otherwise directs, an order made ex parte upon evidence supported by affidavit shall not be effective unless the affidavit was made before the order was applied for and was produced or filed at the time of making the application.
Scandalous matter
20.  The court may order to be struck out from an affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between solicitor and client.