The Insolvency (Amendment) Rules 2010

Substitution of Rules 7.5, 7.6 and 7.7

443.  For Rules 7.5 (other hearings ex parte), 7.6 (hearing of application) and 7.7 (use of affidavit evidence) substitute—

“7.5A    Hearings without notice

Where the relevant provisions of the Act or the Rules do not require service of the application on, or notice of it to be given to, any person—

(a) the court may hear the application as soon as reasonably practicable without fixing a venue as required by Rule 7.4(2); or

(b) it may fix a venue for the application to be heard in which case Rule 7.4 must apply to the extent that it is relevant;

but nothing in those provisions is to be taken as prohibiting the applicant from giving such notice if the applicant wishes to do so.

7.6A    Hearing of application

(1) Unless the court otherwise directs, the hearing of an application must be in open court.

(2) In the county court, the jurisdiction of the court to hear and determine an application may be exercised by the district judge (to whom any application must be made in the first instance) unless—

(a) a direction to the contrary has been given, or

(b) it is not within the district judge’s power to make the order required.

(3) In the High Court, the jurisdiction of the court to hear and determine an application may be exercised by the registrar (to whom the application must be made in the first instance) unless—

(a) a direction to the contrary has been given, or

(b) it is not within the registrar’s power to make the order required.

(4) Where the application is made to the district judge in the county court or to the registrar in the High Court, the district judge or the registrar may refer to the judge any matter which the district judge or registrar thinks should properly be decided by the judge, and the judge may either dispose of the matter or refer it back to the district judge or the registrar with such directions as that judge thinks just.

(5) Nothing in this Rule precludes an application being made directly to the judge in a proper case.

7.7A    Witness statements – general

(1) Subject to Rule 7.9, where evidence is required by the Act or the Rules as to any matter, such evidence may be provided in the form of a witness statement unless—

(a) in any specific case a Rule or the Act makes different provision; or

(b) the court otherwise directs.

(2) The court may, on the application of any party to the matter in question order the attendance for cross-examination of the person making the witness statement.

(3) Where, after such an order has been made, the person in question does not attend, that person’s witness statement must not be used in evidence without the leave of the court.”.