Section 31 — Bankruptcy Act 1966 (Cth)

(1) In exercising jurisdiction under this Act, the Court shall hear and determine the following matters in open Court:

(a) creditors’ petitions;

(b) examinations under this Act;

(c) proceedings in connection with the consideration of an annulment of a bankruptcy under section 153B;

(d) applications under:

(i) section 222 (as applied by section 76B); or

(ii) section 222C (as applied by section 76B);

for an order setting aside or terminating a composition or scheme of arrangement under Division 6 of Part IV;

(e) applications to set aside or avoid a charge, charging order, settlement, disposition, conveyance, transfer security or payment;

(ea) applications under section 139A;

(f) applications to declare for or against the title of the trustee to any property;

(g) applications for the committal of a person to prison or for the release from prison of a person committed to prison;

(i) applications for the trial of questions of fact with a jury and the trial of those questions;

(j) applications under Part X:

(i) for an order setting aside or terminating a personal insolvency agreement; or

(ii) for a sequestration order against the estate of a debtor;

(ja) applications for an order of annulment of the administration of the estate of a deceased person under Part XI; and

(k) summary trials under Part XIV.

(2) All other matters under this Act may, in the discretion of the Court, be heard in open Court or in Chambers.

Related sections

• s 27 — Bankruptcy courts
• s 29 — Courts to help each other
• s 30 — General powers of Courts in bankruptcy
• s 32 — Costs
• s 33 — Adjournment, amendment of process and extension and abridgment of times
• s 33A — Alteration of dates relating to statements of affairs and debtor’s petitions

Research how courts apply s 31

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.