Bankruptcy Act 1966

PART III - COURTS  

Division 2 - Jurisdiction and powers of courts in bankruptcy  

SECTION 30   GENERAL POWERS OF COURTS IN BANKRUPTCY  

30(1)   [General powers]  

The Court:


(a) has full power to decide all questions, whether of law or of fact, in any case of bankruptcy or any matter under Part IX , X or XI coming within the cognizance of the Court; and


(b) may make such orders (including declaratory orders and orders granting injunctions or other equitable remedies) as the Court considers necessary for the purposes of carrying out or giving effect to this Act in any such case or matter.

30(2)   [Power to direct inquiries and accounts]  

The Court may direct such inquiries to be made and accounts to be taken for the purposes of any proceeding before the Court as the Court considers necessary and may, when directing an account to be taken, or subsequently, give special directions as to the manner in which the account is to be taken or vouched.

30(3)   [Trial by jury of question of fact]  

If in a proceeding before the Federal Court under this Act a question of fact arises that a party desires to have tried before a jury, the Federal Court may, if it thinks fit, direct the trial of that question to be had before a jury, and the trial may be had accordingly in the same manner as if it were the trial of an issue of fact in an action.

30(4)  
(Omitted by No 44 of 1996, Sch 1, Pt 1(94).)

30(5)   [Court may enforce certain orders etc by officers]  

Where:


(a) a bankrupt, a debtor or any other person has failed to comply with an order or direction of a Registrar, or with a direction or requirement of an Official Receiver or trustee, under this Act; or


(b) a trustee has failed to comply with an order, direction or requirement of a Registrar, or with a requirement or request of the Inspector-General, under this Act;

the Court may, on the application of the Registrar, Official Receiver, trustee or Inspector-General, as the case requires:


(c) order the person who has failed to comply with the order, direction, requirement or request, as the case may be, to comply with it; or


(d) if it thinks fit, make an immediate order for the committal to prison of that person.

30(6)   [Scope of such power]  

The power conferred on the Court by subsection (5) is in addition to, and not in substitution for, any other right or remedy in respect of the failure to comply with the order, direction, requirement or request, as the case may be.


 

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