Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p16
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 16/100)
Character Range: 156393–159122

the bankruptcy proceedings.

3.25  Notice of application under section 139A of the Bankruptcy Act
 (1) If the bankruptcy trustee of a bankrupt party to a marriage or de facto relationship has applied under section 139A of the Bankruptcy Act for an order under Division 4A of Part VI of that Act, and the trustee knows that a relevant proceeding in relation to the bankrupt party is pending in a court exercising jurisdiction under the Family Law Act, the trustee must notify:
 (a) the court exercising jurisdiction under the Family Law Act in the relevant proceeding, in accordance with subrule (2); and
 (b) if the bankruptcy trustee's application relates to an entity other than the other party to the marriage or de facto relationship—the other party to the marriage or de facto relationship, in accordance with subrule (3).
 (2) For the purposes of paragraph (1)(a), notice to the court must:
 (a) be in writing; and
 (b) be given within 7 days, or as soon as practicable, after the bankruptcy trustee makes the application under section 139A of the Bankruptcy Act; and
 (c) state the date and place of the next court event in the proceedings under section 139A of the Bankruptcy Act.
 (3) For the purposes of paragraph (1)(b), notice to the other party to the marriage or de facto relationship must:
 (a) be in writing; and
 (b) be given within 7 days, or as soon as practicable, after the bankruptcy trustee makes the application under section 139A of the Bankruptcy Act; and
 (c) attach a copy of the application, other initiating process and any other relevant documents in the application under section 139A of the Bankruptcy Act; and
 (d) state the date and place of the next court event in the proceedings under section 139A of the Bankruptcy Act.

3.26  Official name of trustee
 (1) If a bankruptcy trustee or a trustee of a personal insolvency agreement is added as a party to a relevant proceeding, the trustee must be added using the prescribed official name of the trustee.
 (2) In subrule (1):
prescribed official name of the trustee has the meaning given by:
 (a) for a bankruptcy trustee—subsection 161(2) of the Bankruptcy Act; or
 (b) for a trustee of a personal insolvency agreement—subsection 219(2) of the Bankruptcy Act.

Chapter 4—Dispute resolution

Part 4.1—Requirements before applying for orders

4.01  Compliance with pre‑action procedures
 (1) Subject to subrules (2) and (3), before starting a proceeding, each prospective party to the proceeding must comply with the pre‑action procedures.
Note: The pre‑action procedures are set out in Schedule 1.
 (2) Compliance with subrule (1) is not necessary if:
 (a) the proceeding is an application for divorce only; or
 (b) the proceeding is an