BANKRUPTCY ACT 1966

PART III - COURTS  

Division 2 - Jurisdiction and powers of courts in bankruptcy  

SECTION 31   EXERCISE OF JURISDICTION  

31(1)  
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(da) (Repealed by No 80 of 2004.)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 .

31(2)  
All other matters under this Act may, in the discretion of the Court, be heard in open Court or in Chambers.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.