VPRS 1536 Insolvency Court Register
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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.
破产法庭(Insolvency Court)的职责包括:审理并裁决破产扣押令(Orders of Sequestration)、监督破产扣押令的执行、颁发破产免责证书(Certificates of Discharge),以证明破产人已履行该命令项下的全部义务。
破产扣押令指由破产法庭作出的、将破产人财产临时移交至一名或多名指定人员的司法命令。此类指定人员被称为受让人(assignees)或受托人(trustees),通常为法院公职人员,其职责为确定破产人财产与资产在其债权人之间的分配方案。
破产扣押程序可分为自愿与强制两类:自愿程序下,破产人可主动向法庭申请并宣告自身破产;强制程序下,一名或多名债权人可向法庭提起申请,请求作出破产扣押令。
1871年至1928年(当年破产管理职责移交至联邦政府)期间,法务部(Law Department)要求各破产法庭书记员维护破产法庭登记册(Insolvency Court Register)。该登记册用于记录法庭针对破产扣押令申请及相关司法命令作出的裁决。
针对每一份破产扣押令申请,法庭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;受让人或受托人的姓名及其任命日期;后续庭审的相关细节(包括破产免责证书的颁发情况);需发送至墨尔本破产法庭首席书记员、注册总署署长的通知与回函详情,以及破产扣押令公告在《政府公报》上的刊登信息。
提供机构:
Public Record Office Victoria



