s 31

Exercise of jurisdiction

In force

(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.

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