VPRS 15935 Court of Insolvency Register

This series was created to record the court's decision with regard to an application for an Order of Sequestration and related court orders.The role of the Insolvency Court was to:- hear and determine Orders of Sequestration- monitor the implementation of Orders of Sequestration- grant Certificates of Discharge certifying that the insolvent had fulfilled the obligations of the Order.An Order of Sequestration was the order made by the Court of Insolvency temporarily giving control of an insolvent person's property to one or more other people. These people were called assignees or trustees and were usually a court official. They were responsible for determining how an insolvent person's property and assets should be distributed between his or her creditors. Sequestration could be voluntary, that is, a person could come before the Court and declare themselves insolvent or it could be compulsory, that is, one or more of a person's creditors could petition the Court for an Order.The Law Department instructed Clerks of Courts of Insolvency to keep an Insolvency Court Register (this series). Insolvency Court Registers were used to record the court's decision with regard to an application for an Order of Sequestration and related court orders. When an Order of Sequestration was made by the Court, the clerk would make an entry in the Register of Insolvency (VPRS 757) detailing the insolvent's assets and debts.For each application for an Order of Sequestration the following details were recorded in the Court Register:- the name, address and occupation of the insolvent or debtor,- the name of his or her Attorney; the date of filing of the application,- the name and date of appointment of the assignee or trustee,- details of any further court sittings, including the granting of a Certificate of Discharge,- details of notices and returns which were required to be sent to the Chief Clerk of the Court of Insolvency in Melbourne and the Registrar-General,- and details of the publication of notice of the Order of Sequestration in the Government Gazette.The records in this series were previously part of VPRS 757/P, units 3 to 7.

本数据集系列旨在记录法院针对破产查封令（Order of Sequestration）申请及相关法院命令的裁决结果。破产法院（Insolvency Court）的职责包括：审理并裁定破产查封令申请、监督破产查封令的执行情况，以及颁发破产解除证明书（Certificate of Discharge），用以证明破产人已履行破产命令项下的全部义务。破产查封令是破产法院作出的临时命令，将破产人财产的管理权移交至一名或多名受托/受让人（assignees or trustees），此类人员通常为法院公职人员，负责确定破产人财产与资产在其债权人之间的分配方案。破产查封程序可分为自愿程序与强制程序：前者指破产人主动向法院申请宣告自身破产；后者则指破产人的一名或多名债权人向法院提交请愿书，请求作出破产查封令。律政部指示各破产法院书记官设立破产法院登记册（即本数据集系列），该登记册用于记录法院针对破产查封令申请及相关法院命令的裁决结果。当法院作出破产查封令后，书记官需在破产登记册（VPRS 757）中录入条目，详细记载破产人的资产与负债情况。针对每份破产查封令申请，法院登记册中需记录以下信息：破产人或债务人的姓名、住址与职业；其代理人的姓名；申请提交日期；受托/受让人的姓名及其任命日期；后续庭审的相关详情（包括破产解除证明书的颁发情况）；需送交墨尔本破产法院首席书记官及注册官的通知与回执详情；以及破产查封令公告在《政府公报》（Government Gazette）上的刊登详情。本系列档案此前隶属于VPRS 757/P第3至7单元。