Harmonised Bankruptcy Rules Monitoring Committee

The Harmonised Bankruptcy Rules commenced in 2006 as the Federal Court (Bankruptcy) Rules 2005 and the Federal Circuit Court (Bankruptcy) Rules 2006.

On 1 April 2016, the Federal Court (Bankruptcy) Rules 2016 replaced the Federal Court (Bankruptcy) Rules 2005. Similarly, the Federal Circuit Court (Bankruptcy) Rules 2016 replaced the Federal Circuit Court (Bankruptcy) Rules 2006.

With the commencement of the Federal Circuit and Family Court of Australia Act 2021 (Cth) on 1 September 2021, the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 replaced the Federal Circuit Court (Bankruptcy) Rules 2016.  Input was sought from judges and registrars and consultation was undertaken with this Committee, the Federal Court and the Office of Parliamentary Counsel.   The 2021 bankruptcy rules are substantially the same as the previous rules and remain, in the main, harmonised with the rules for proceedings under the Bankruptcy Act 1966 (Cth) in the Federal Court.

To ensure harmonisation is maintained, the Chief Justice of the Federal Court and the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) have agreed that changes should be developed and implemented upon the advice of a Harmonised Bankruptcy Rules Monitoring Committee. The recommendations of this Committee are referred to the rules committee of each Court for consideration and, if agreed, implemented through the usual processes.

The Committee consults with each court, the Australian Financial Security Authority, Law Council of Australia and local law societies and bar associations.

Role of the Committee

This Committee has been established to:

• monitor the operation of the Harmonised Bankruptcy Rules (Federal Court (Bankruptcy) Rules 2016 and the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021); and
• identify such amendments as may be necessary from time to time to address any legislative or procedural changes or to resolve any difficulties. 

Membership

The Committee consists of:

• Markovic J (Convenor)
  Federal Court of Australia

• Downes J
  Federal Court of Australia

• Aldridge J
  Federal Circuit and Family Court of Australia (Division 1)

• Judge Manousaridis
  Federal Circuit Court and Family Court of Australia (Division 2)

• Peter Schmidt
  Federal Court of Australia

• Amanda Morris
  Federal Circuit and Family Court of Australia

The Committee meets on an ad hoc basis, as required.

Comments

The Committee is interested to receive comments on the Harmonised Rules and suggestions for change.

Comments and suggested changes may be sent to:

Peter Schmidt
National Judicial Registrar & District Registrar, Queensland Registry
Federal Court of Australia
Level 6, Harry Gibbs Commonwealth Law Courts Building
119 North Quay
BRISBANE  QLD  4000

Or email: Peter.Schmidt@fedcourt.gov.au