Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p24
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 55914–58481

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 the costs.
 (3) If the Court fixes the amount of the costs, Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.

Division 13.2—Short form bills of costs

13.02  Application of Division 13.2
 (1) This Division makes provision in relation to the costs that may be charged by a legal practitioner for a creditor for work done in relation to a petition against the estate of a debtor on the basis of an act of bankruptcy specified in paragraph 40(1)(g) of the Bankruptcy Act.
 (2) This Division does not apply if the Court fixes the amount of the costs.
Note: A debtor commits an act of bankruptcy under paragraph 40(1)(g) of the Bankruptcy Act if the debtor does not:
(a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or
(b) satisfy the Court that the debtor has a counter‑claim, set‑off