VPRS 11691 Insolvency Court Register

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.Between 1871 and 1928 (when responsibility for insolvency passed to the Commonwealth), the Law Department instructed Clerks of Courts of Insolvency to keep an Insolvency Court Register. 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.For each application for an Order of Sequestration the following details could be recorded in the Court Register: the name, address and occupation of the insolvent or debtor and 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.

破产法院（Insolvency Court）的职权范围如下：
* 审理并裁决查封令（Orders of Sequestration）；
* 监督查封令的执行；
* 颁发解除证明书（Certificates of Discharge），用以证明破产人已履行该命令规定的义务。

查封令是破产法院作出的命令，将破产人的财产临时移交至一名或多名主体管控。此类主体被称为受让人（assignee）或受托人（trustee），通常为法院工作人员，其职责为确定破产人的财产与资产应如何在债权人之间进行分配。

查封程序可分为自愿与强制两类：自愿程序下，破产人可向法院提出申请并自行申报破产；强制程序下，一名或多名债权人可向法院请愿，请求作出查封令。

1871年至1928年（即破产管理职责移交联邦政府之前），法务部指示破产法院书记员维护破产法院登记册（Insolvency Court Register）。破产法院登记册用于记录法院针对查封令申请及相关法院命令作出的裁决。

针对每份查封令申请，登记册可记录以下信息：破产人/债务人的姓名、住址、职业，以及其委托代理人的姓名；申请提交日期；受让人/受托人的姓名及其任命日期；后续所有庭审详情，包括解除证明书的颁发情况；需寄送予墨尔本破产法院首席书记员及登记总局的通知与回执详情；以及查封令公告在《政府公报》（Government Gazette）上的发布详情。