PRACTICE DIRECTION - 3.2
PROCEDURE FOR FILING AND HEARING
BANKRUPTCY PETITIONS BY
DEBTORS WHO ARE LEGALLY REPRESENTED
1. This Practice Direction applies only to uncontested hearings of petitions for bankruptcy by debtors themselves who are legally represented. It does not apply to the following cases:
(a) where the petitioners are not legally represented;
(b) where the petitions are opposed; or
(c) where the petitions are presented by creditors.
2. At the time of filing a petition and the related statement of affairs for each case, the solicitor in charge:
(a) must lodge an Information Sheet in two copies in the form as set out in the Appendix with Part I duly completed; and
(b) is strongly advised to lodge a draft order signed by the solicitor in charge for approval.
3. Not later than two weeks before the hearing, the Court will process the petition and inform the solicitor of the outcome by returning a copy of the Information Sheet through the Registry.
4. If the papers are in order, the attendance of the solicitor is dispensed with unless the Court directs otherwise.
5. Where the papers are considered not in order, the solicitors are required to attend the hearing unless the requisitions are satisfactorily answered not later than 7 days before the hearing and their attendance is expressly dispensed with by the Court.
6. For cases where the petitioner wishes to withdraw the petition or adjourn the hearing or where it is known that the petition will be opposed, the solicitor for the petitioner must attend the hearing.
7. All hearings will be conducted in open court.
8. It is strictly prohibited to make any telephone enquiry or any form of communication with the Registry on the status of the processing of the papers.
9. This Practice Direction does not affect the Court's discretion to conduct the hearing in any other manner as it considers appropriate. Nor does it change the usual practice of adjourning the hearing of all petitions which are opposed, to a Judge in charge of the list.
10. This Practice Direction shall come into effect on 2 July 2010. It applies to all petitions filed on or after that day by the solicitors on behalf of the petitioners for self bankruptcy.
11. This Practice Direction supersedes the Practice Direction now appearing as 3.2.
Dated this 22nd day of June 2010.
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(Andrew Li) |