WHAT DOES IT COST TO GO BANKRUPT?

There is no cost for a debtor to file a bankruptcy petition. If a debtor is discharged from bankruptcy without paying any payments toward their debts, no fees are payable. Where a bankrupt's trustee collects (realises) money through either the ...

Read More

WHAT IS BANKRUPTCY?

Bankruptcy was originally designed to stop people who could not pay their debts being put in gaol. It is a method by which some control can be taken over a debtor's affairs, so that the entire financial disaster can be ...

Read More

BANKRUPTCY COURTS AND JURISDICTION

The law governing bankruptcy is contained in the Bankruptcy Act 1966 (Cth). As this is a Commonwealth Act, it applies throughout Australia. The government agency responsible for administering the legislation is the Australian Financial Security Authority (formerly ITSA). The Federal ...

Read More

WHO IS INVOLVED IN BANK BANKRUPTCY?

When people become bankrupt, control of their property is taken over by either a registered trustee or the Official Trustee, who can sell their property, carry on their business, sue for any debts owed to them and generally take over ...

Read More

ENFORCEMENT OF BAIL AGREEMENT

Arrest on non-compliance When it appears to a court that a person has broken a term or condition of bail the Court can: issue a warrant for the person's arrest [Bail Act 1985 (SA) s 18(1)] and upon the person's arrest, the bail agreement is taken to ...

Read More

CONDITIONS OF BAIL

It is a condition of every bail agreement that the person released on bail must not leave the State for any reason without the permission of the court before which the person must appear, or some other authority specified in the bail ...

Read More

APPLYING FOR BAIL

The police officer who arrests a person eligible to apply for release on bail must: as soon as reasonably practicable after delivering the arrested person to the police station or facility, take reasonable steps to ensure the person understands that they are entitled to ...

Read More

WHAT IS BAIL?

Applications for bail in all courts are generally governed by the Bail Act 1985 (SA), which applies to both South Australian and Commonwealth offences. What is bail? Bail is an agreement in which a person makes a written undertaking to the court. A person who is ...

Read More

WHEN A PERSON’S LEGAL RIGHTS ARE DENIED

If a person's legal rights are denied, or a statement is obtained in unfair circumstances resulting in a confession or admission by the person, the court can decide not to admit that evidence. Anyone representing an accused person should ensure that the ...

Read More

RIGHTS AFTER ARREST

As soon as reasonably practical after an arrest police must advise the person arrested that: anything said may be taken down and used against him or her in evidence, a telephone call can be made (care should be taken that no one ...

Read More