Bankruptcy Act. Australia

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СКАЧАТЬ proceeding is transferred to the Family Court:

      (a) the Family Court has jurisdiction to hear and determine the proceeding;

      (b) the Family Court also has jurisdiction to hear and determine matters not otherwise within its jurisdiction (whether by virtue of paragraph (a) or otherwise):

      (i) that are associated with matters arising in the proceeding; or

      (ii) that, apart from subsection 32(1) of the Federal Court of Australia Act 1976, the Federal Court would have had jurisdiction to hear and determine in the proceeding;

      (c) the Family Court may, in and in relation to the proceeding:

      (i) grant such remedies;

      (ii) make orders of such kinds; and

      (iii) issue, and direct the issue of, writs of such kinds;

      as the Federal Court could have granted, made, issued or directed the issue of, as the case may be, in and in relation to the proceeding;

      (d) remedies, orders and writs granted, made or issued by the Family Court in and in relation to the proceeding have effect, and may be enforced by the Family Court, as if they had been granted, made or issued by the Federal Court;

      (e) appeals lie from judgments of the Family Court given in and in relation to the proceeding as if the judgments were judgments of the Federal Court constituted by a single Judge, and do not otherwise lie; and

      (f) subject to paragraphs (a) to (e) (inclusive), this Act, the Federal Court of Australia Act 1976, the Rules of Court made under that Act, and other laws of the Commonwealth, apply in and in relation to the proceeding as if:

      (i) a reference to the Federal Court (other than in the expression “the Court or a Judge”) included a reference to the Family Court;

      (ii) a reference to a Judge of the Federal Court (other than in the expression “the Court or a Judge”) included a reference to a Family Court Judge;

      (iii) a reference to the expression “the Court or a Judge” when used in relation to the Federal Court included a reference to a Family Court Judge sitting in Chambers;

      (iv) a reference to a Registrar included a reference to a Registrar of the Family Court; and

      (v) any other necessary changes were made.

      (4) Where any difficulty arises in the application of paragraphs (3) (c), (d) and (f) in or in relation to a particular proceeding, the Family Court may, on the application of a party to the proceeding or of its own motion, give such directions, and make such orders, as it considers appropriate to resolve the difficulty.

      (5) An appeal does not lie from a decision of the Federal Court or the Federal Magistrates Court in relation to the transfer of a proceeding under this Act to the Family Court.

      35B Family Court of Western Australia

      (1) Sections 27, 35 (other than subsection (1A)) and 35A apply to the Family Court of Western Australia in a corresponding way to the way in which they apply to the Family Court of Australia.

      (1A) Despite subsection (1), section 35A does not apply to the Family Court of Western Australia in relation to a de facto financial cause (within the meaning of the Family Law Act 1975).

      (2) Paragraph 35A(3) (f) has effect, in relation to a proceeding transferred to the Family Court of Western Australia, as if:

      (a) each reference in subparagraph 35A(3) (f) (ii) or (iii) to a Family Court Judge were a reference to a judge of the Family Court of Western Australia; and

      (b) the reference in subparagraph 35A(3) (f) (iv) to a Registrar of the Family Court were a reference to a registrar of the Family Court of Western Australia.

      36 Enforcement of orders etc.

      (1) An order of the Court made, or a warrant issued, under this Act may be enforced throughout Australia by a constable.

      (2) A warrant for the arrest or detention of a person for the purpose of giving effect to an order of committal or a sentence of imprisonment made or imposed by the Court under this Act may be issued under the seal of the Court.

      (3) Where the Court commits a person to prison under this Act, the committal may be to such prison as the Court thinks fit.

      37 Power of Court to rescind orders etc.

      (1) Subject to subsection (2), the Court may rescind, vary or discharge an order made by it under this Act or may suspend the operation of such an order.

      (2) The Court does not have power to rescind or discharge, or to suspend the operation of:

      (a) a sequestration order; or

      (b) an order for the administration of the estate of a deceased person under Part XI.

      Part IV Proceedings in connexion with bankruptcy

      Division 1 Acts of bankruptcy

      40 Acts of bankruptcy

      (1) A debtor commits an act of bankruptcy in each of the following cases:

      (a) if in Australia or elsewhere he or she makes a conveyance or assignment of his or her property for the benefit of his or her creditors generally;

      (b) if in Australia or elsewhere:

      (i) he or she makes a conveyance, transfer, settlement or other disposition of his or her property or of any part of his or her property;

      (ii) he or she creates a charge on his or her property or on any part of his or her property;

      (iii) he or she makes a payment; or

      (iv) he or she incurs an obligation;

      that would, if he or she became a bankrupt, be void as against the trustee;

      (c) if, with intent to defeat or delay his or her creditors:

      (i) he or she departs or remains out of Australia;

      (ii) he or she departs from his or her dwelling-house or usual place of business;

      (iii) he or she otherwise absents himself or herself; or

      (iv) he or she begins to keep house;

      (d) if:

      (i) execution has been issued against him or her under process of a court and any of his or her property has, in consequence, either been sold by the sheriff or held by the sheriff for 21 days; or

      (ii) execution has been issued against him or her under process of a court and has been returned unsatisfied;

      (daa) if the debtor presents a debtor’s petition under this Act;

      (da) if the debtor presents to the Official Receiver a declaration under section 54A;

      (e) СКАЧАТЬ