Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p24
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 56310–58858

11.06  Entry of order
  If:
 (a) the Court makes an order under section 244 or 247 of the Bankruptcy Act; and
 (b) the order is not entered in accordance with Division 39.4 of the Federal Court Rules 2011 at the time the order is made;
the applicant must, as soon as practicable, request entry of the order in accordance with that Division.
Note: A copy of the order must be given to the Official Receiver before the end of the period of 2 days beginning on the day the order was made: see subsections 244(14) and 247(3) of the Bankruptcy Act.

Part 12—Warrants

12.01  Arrest of debtor or bankrupt
 (1) An application for the issue of a warrant under section 78 of the Bankruptcy Act for the arrest of a debtor or bankrupt must state the grounds for the issue of the warrant.
 (2) The application must be accompanied by an affidavit stating the facts in support of the application.
 (3) The warrant must be in accordance with Form B16.
 (4) If a debtor or bankrupt is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.

12.02  Apprehension of person failing to attend Court
 (1) A warrant issued under subsection 264B(1) of the Bankruptcy Act for the apprehension of a person who fails to comply with a summons must be in accordance with Form B17.
 (2) The Court or a Registrar may order that the warrant be kept in the Registry:
 (a) for a stated time; and
 (b) on any conditions that the Court or Registrar considers appropriate.
 (3) If a person is apprehended under the warrant, the person who carried out the apprehension must immediately give notice of the apprehension to a Registrar in the Registry from which the warrant was issued.
Note: For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.

12.03  Warrant for seizure of property connected with the bankrupt
  A warrant issued under subsection 130(2) of the Bankruptcy Act may be in accordance with Form B18.

Part 13—Costs

Division 13.1—Orders for costs

13.01  Basis for costs
 (1) Subject to Division 13.2, a person who is entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 unless the Court otherwise orders.
 (2) In making an order for costs, the Court may fix the amount of