Bankruptcy Act. Australia
meeting at the appropriate time during the proceedings.
64C If telephone conference facilities are available
If telephone conference facilities are expected to be available at the place where the meeting is to be held and the trustee considers that, having regard to all the circumstances, it will be appropriate to use those facilities, the notice must:
(a) set out the relevant telephone number; and
(b) tell the creditors that a creditor, or the proxy or attorney of a creditor, who wishes to participate in the meeting by telephone must give to the trustee, not later than the second-last working day before the day on which the meeting is to be held, a written statement setting out:
(i) the name of the creditor and of the proxy or attorney (if any); and
(ii) an address to which notices to the creditor, proxy or attorney may be sent; and
(iii) a telephone number at which the creditor, proxy or attorney may be contacted; and
(iv) any facsimile transmission number to which notices to the creditor, proxy or attorney may be sent; and
(c) also tell the creditors that a creditor, or the proxy or attorney of a creditor, who participates in the meeting by telephone must pay any costs incurred by the creditor, proxy or attorney in so participating and is not entitled to be reimbursed those costs out of the bankrupt’s estate.
64D Statement by creditor as to amount of debt [see Table B]
The notice must state that each creditor must give to the trustee at or before the meeting a written statement setting out:
(a) the amount in respect of which the creditor claims that the bankrupt is indebted to the creditor; and
(aa) if the creditor has been assigned a debt that the bankrupt owes to the creditor — the value of the consideration that the creditor gave for the assignment of the debt; and
(b) if the meeting is the first meeting of the bankrupt’s creditors:
(i) whether the creditor holds a security in respect of the debt and, if so, the value of the security as estimated by the creditor and the amount of the creditor’s debt after deducting that value; and
(ii) brief particulars of the transaction and circumstances that gave rise to the debt.
64E Notice about voting by proxy [see Table B]
(1) The notice must have attached to it a form for use in appointing a proxy.
(2) The notice must tell the creditors that, where a creditor wishes to appoint a person to represent the creditor at the meeting as the creditor’s proxy, the creditor must complete the form of appointment of proxy and either:
(a) arrange for the proxy to give the completed form to the trustee at the meeting; or
(b) send the completed form with the statement given by the creditor to the trustee in accordance with section 64D.
64F Notice about appointment of attorney
The notice must tell the creditors that, where a creditor wishes to be represented at the meeting by an attorney, the creditor must arrange for the power of attorney to be produced to the trustee at or before the meeting.
64G Agenda to be set out in notice of meeting [see Table B]
The agenda to be set out in a notice of meeting in accordance with subsection 64B(4) is to comprise the following items:
(a) opening of the meeting and introduction of the trustee and the bankrupt;
(b) appointment of a minutes secretary;
(c) announcement of appointment of proxies and attorneys and circulation of instruments appointing proxies and copies of powers of attorney for inspection by the persons present;
(d) determination whether a quorum exists;
(e) election of a person to preside at the remainder of the meeting;
(f) proposal of a motion “that the meeting is being held at a time, date and place that are convenient to the majority of creditors”;
(g) if the meeting is the first meeting — tabling of the bankrupt’s statement of affairs;
(h) statements by the trustee and by creditors and their representatives;
(i) questions to the trustee and to the bankrupt;
(j) President’s summary of matters raised in statements and questions;
(k) proposal of other motions (if any);
(l) if the trustee is a registered trustee who does not wish to be remunerated as prescribed by the regulations — if the meeting is the first meeting, approval of the remuneration proposed by the trustee, or, if the meeting is a subsequent meeting, a statement by the trustee of the amount of remuneration drawn before the meeting was held;
(m) appointment of committee of inspection (if required);
(n) any other business;
(o) fixing of time, date and place for another meeting;
(p) closure of meeting.
Subdivision C
Procedure before opening of meeting
64H Creditors, or proxies or attorneys, participating by telephone
(1) If a trustee has considered it appropriate that telephone conference facilities may be used for a meeting of creditors pursuant to section 64C and if a creditor, or the proxy or attorney of the creditor, who wishes to participate by telephone in the meeting has satisfied the requirements of paragraph 64C(b), in so far as they are applicable, the trustee must take all reasonable steps to ensure that the creditor, or the proxy or attorney of the creditor, is contacted on the telephone number provided by that person before the start of the meeting, and if such a person is so contacted the trustee must take all reasonable steps to ensure that that person can hear the proceedings, and can be heard, by means of those facilities, so that that person can participate in the meeting.
(2) A creditor who, or whose proxy or attorney, so participates in the meeting by telephone is taken, for all purposes of this Act, to be present personally at the meeting.
64J Preparation of attendance record [see Table B]
(1) The trustee must prepare an attendance record in accordance with subsection (2) for the purposes of the meeting and must keep the record in his or her possession after the conclusion of the meeting.
(2) The attendance record must include 5 columns and must indicate that particulars of creditors are to be entered as follows:
(a) the name of each creditor participating in person or by telephone, or represented by a proxy or attorney participating in person or by telephone, is to be entered in the first column;
(b) if a creditor is so represented by a proxy or attorney, the name of the proxy or attorney is to be entered in the second column opposite to the name of the creditor in the first column;
(c) in respect of each creditor whose name is entered in the first column:
(i) the value of the creditor’s debt is to be entered in the third column; and
(ii) if the debt is secured in whole or in part:
(A) the nature, and the value as estimated by the creditor, of the security is to be entered in the fourth column; and
(B) the balance of the creditor’s debt after deducting that value is to be entered in the fifth column.
(3) The attendance record must also include provision for recording whether the bankrupt is present and the names of any other persons present who are not creditors or proxies or attorneys of creditors, including provision for recording the capacity in which those other persons are present.
Subdivision