Bankruptcy Act 1966


Division 2 - Jurisdiction and powers of courts in bankruptcy  


In exercising jurisdiction under this Act, the Court shall hear and determine the following matters in open Court:

(a) creditors ' petitions;

(b) examinations under this Act;

(ba) (Omitted by No 143 of 1992, Sch.)

(c) proceedings in connection with the consideration of an annulment of a 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;

(da) (Repealed by No 80 of 2004.)

(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;

(h) (Omitted by No 44 of 1996, Sch 1, Pt 1(95).)

(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 .

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

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