General and Personal Insolvency Sub-area
General and Personal Insolvency Sub-area
About this Sub-Area
This Sub-area includes matters related to general and personal insolvency under the Bankruptcy Act 1966 (Cth) (Bankruptcy Act). Relevant matters include:
- Applications by trustees in the management of bankrupt estates (e.g. voidable transactions)
- Applications by bankrupts contesting decisions of a trustee
- Applications for annulment of bankruptcy
- Bankruptcy matters referred to a Judge by a Judicial Registrar.
Bankruptcy matters may be heard by the Federal Court. They may also be heard in the Federal Circuit and Family Court of Australia.
This Sub-area does not include any corporate insolvency matters such as winding-up applications. These types of matters fall within the Corporations and Corporate Insolvency Sub-area in the Commercial and Corporations NPA.
Bankruptcy matters before a Judicial Registrar
A significant proportion of bankruptcy matters are case managed and determined by Judicial Registrars of the Court. This includes:
- creditors’ petitions
- applications to set aside bankruptcy notices
- examinations pursuant to s 81 of the Bankruptcy Act.
A Guide to Bankruptcy Matters before a Judicial Registrar has been prepared to assist litigants involved in bankruptcy matters before a Judicial Registrar and relevant information for Judicial Registrar bankruptcy lists in each registry.
Practice Notes
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
NPA Practice Note: | NOTE: also refer to Schedule 2 of the practice note – General and Personal |
Other general practice notes and Court developed guides which may be relevant to this Sub-area include:
General Practice Notes: |
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Guides: |
Forms, Rules & Fees
Filing fees for commencing a proceeding in this Sub-area may apply. Information about Court Fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.
The general procedure for the conduct of matters in this Sub-area is set out in the Federal Court (Bankruptcy) Rules 2016 (Bankruptcy Rules). As the Bankruptcy Rules do not provide a comprehensive code, the Federal Court Rules 2011 (Cth) (Rules) also apply except to the extent of any inconsistency.
Unless the Bankruptcy Rules otherwise provide, you must make an application under the Bankruptcy Act to the Court by filing:
Forms: |
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Rules: |
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Latest Judgments
- 24 Apr 2024:
Cappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty Ltd) [2024] FCA 413
PRACTICE AND PROCEDURE - Whether leave to appeal is required against costs judgment - Where decision does not finally determine the substantive rights of the parties - Leave to appeal is required PRACTICE AND PROCEDURE - Whether leave to appeal should be granted - Whether decision is attended with sufficient doubt to warrant its being reconsidered …
Judge: Meagher J - 18 Apr 2024:
Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 6) [2024] FCA 379
PRACTICE AND PROCEDURE - interlocutory applications seeking competing orders for distribution of proceeds of sale - where equitable right of exoneration applies in trustee's favour - where trustee's application granted
Judge: Markovic J - 15 Apr 2024:
Spark New Zealand Trading Limited v Lester [2024] FCA 364
COSTS - whether foreign bankrupt has standing to seek costs - whether court should exercise discretion to award costs - where costs may vest with foreign trustee - where conduct of successful party was put in issue
Judge: Snaden J - 12 Apr 2024:
O'Shannassy v Sarina [2024] FCA 378
PRACTICE AND PROCEDURE - application for a stay of proceeding in the Court below pending application for leave to appeal - application dismissed
Judge: Stewart J - 4 Apr 2024:
Smith v Achieve Homes Pty Ltd [2024] FCA 327
PRACTICE AND PROCEDURE - review of Registrar's decision under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) - Registrar dismissed proceeding, in part, due to non-appearance of applicant - applicant has now appeared - hearing de novo conducted BANKRUPTCY - application to set aside bankruptcy notice under s 40(1)(g) Bankruptcy Act 1966…
Judge: Thawley J - 28 Mar 2024:
Ogbonna v CIT Logistics Ltd (No 2) [2024] FCA 383
Judge: Feutrill J - 26 Mar 2024:
Meagher and Cronan (Trustee), in the matter of Laguzza (Bankrupt) v Laguzza [2024] FCA 314
BANKRUPTCY AND INSOLVENCY - where the trustees of a bankrupt estate make an application for an order under s 146 of the Bankruptcy Act 1966 (Cth) (the Act) to proceed with the distribution of dividends - where the bankrupt has not filed a statement of affairs but appears to be solvent - where no appearance for the bankrupt - application granted…
Judge: Logan J - 22 Mar 2024:
Nugawela v Dudley (Trustee) (No 2) [2024] FCA 285
BANKRUPTCY AND INSOLVENCY - application under r 39.05(a) to set aside interlocutory order made in absence of applicant - no good reason for being absent when order was made established - no prima facie argument of sufficient merit - application to set aside interlocutory order dismissed
Judge: Jackson J - 15 Mar 2024:
Kirk as trustee of the Property of Smith (a Bankrupt) v Smith [2024] FCA 240
BANKRUPTCY - where bankrupt entered into a complex series of transactions concerning his property and property of his businesses - application seeking declaration that transfers of property from bankrupt to wife void under ss 120, 121 and 128B Bankruptcy Act 1966 (Cth) - whether constructive trust arose where wife received proceeds of sale of…
Judge: Collier J - 6 Mar 2024:
H& B Professional Tiling Pty Limited (In Liq) v Haidari, in the matter of H& B Professional Tiling Pty Limited [2024] FCA 207
CORPORATIONS -- application pursuant to s 1323(5) of the Corporations Act 2001 (Cth) (the Act) seeking that an existing order be varied to permit the payment of $173,650.95 to the first defendant -- where existing orders made under s 1323(3) of the Act prevent any or all money being paid to the first defendant from any bank account maintained by…
Judge: Besanko J
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.