The new Insolvency Practice Direction came into force on 25 April 2018. Some of the key changes to the Practice Direction include: 

  • The PD has been updated to refer to the relevant 2016 Rules. 
  • It refers to Registrars as ICC Judges (Insolvency & Companies Court Judges) which came into force on 26 February 2018. 
  • It directs users to use the Court prepared forms for insolvency matters. 
  • It deals with practical aspects of the electronic filing system. 
  • Winding up petitions and bankruptcy petitions can be presented electronically however they will not be treated as presented until the court fee and deposit is paid.
  • There is a new provision in relation to r7.23IR 2016 which requires the dismissal of the winding up petition to be gazetted which outlines the circumstances in which the Court will usually dispense with this requirement.
  • There is a new section on service of petitions otherwise than by personal service and what steps are required which will ordinarily then justify an order for substituted service. The procedure is now:
    •  One personal call per residence and place of business of the debtor
    • A letter referring to the call, purpose and date for further call
    • Attempt to arrange appointment for personal service through the debtor's solicitor
  • Applications to set aside statutory demands made more than 18 days after service must include an application for an extension of time with evidence.
  • There also is a new section highlighting the "undesirability" of asking for a winding up order in unfair prejudice petitions as a matter of course.