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 Court.
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.
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:
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:
- 29 Nov 2019:
A.F.I. Management Pty Ltd v Condon in his Capacity as Trustee of the Bankrupt Estate of Brian Keith Hones  FCA 2012
BANKRUPTCY AND INSOLVENCY - application to commence and continue to prosecute proceeding in Supreme Court of New South Wales - where defendant in Supreme Court proceeding discharged from bankruptcy after filing - whether claims in Supreme Court proceeding in respect of provable debts - where indemnity for claims against defendant vested in…
Judge: Griffiths J
- 29 Nov 2019:
Frigger v Trenfield (No 2)  FCA 2009
PRACTICE AND PROCEDURE - application for summary judgment - beneficial ownership of funds and real property - when property will be subject to a trust - evidentiary uncertainties - application dismissed DISCOVERY - application for particular discovery under r 20.21 of the Federal Court Rules 2011 (Cth) by trustees in bankruptcy - source and…
Judge: Jackson J
- 21 Nov 2019:
Amirbeaggi as trustee of the bankrupt estate of John Mamdoub Hanna v Kamel  FCA 1965
PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) - application granted
Judge: Yates J
- 19 Nov 2019:
Official Assignee in Bankruptcy of the Property of James Adair Hanna v Hanna  FCA 1934
BANKRUPTCY AND INSOLVENCY - application to discharge receiver and release from liability - objects of receivership achieved - application granted
Judge: Gleeson J
- 19 Nov 2019:
Bobos v Deputy Commissioner of Taxation, in the matter of Bobos  FCA 1910
BANKRUPTCY - application to set aside bankruptcy notice - where applicant issued with director penalty notice for failure by company to pay PAYG withholding amounts to Commissioner - where default judgment entered - where bankruptcy notice issued on basis of default judgment - whether service of bankruptcy notice carried out in accordance with…
Judge: Markovic J
- 18 Nov 2019:
Pekar v Holden (Trustee) (No 3)  FCA 1928
BANKRUPTCY - application by former bankrupt for release of funds paid to trustee in bankruptcy pursuant to an agreement - whether applicant entitled to damages and interest - whether an order should be made that the respondent cease to be the trustee in bankruptcy - whether the respondent should be personally liable for, and not indemnified out of …
Judge: Moshinsky J
- 15 Nov 2019:
Endresz v Commonwealth of Australia  FCAFC 197
PRACTICE AND PROCEDURE - application of "slip rule" (r 16.05(2)(h) of Federal Circuit Court Rules 2001 (Cth)) to extend life of creditor's petitions - where 12 month period had expired and creditor's petitions had lapsed - whether slip rule available to retrospectively extend life of creditor's petitions - whether invocation of slip rule precluded …
Judge: Rares, Markovic and Charlesworth JJ
- 14 Nov 2019:
Campbell v van der Velde as trustee of the bankrupt estate of Marilyn Anne Rowan, in the matter of Rowan  FCA 1871
BANKRUPTCY AND INSOLVENCY - where bankrupt registered as the holder of a 98/100 share in land when sequestration order made - where claim of equitable interest in bankrupt's holding brought by holders of remaining 2/100 shares - whether the 98/100 interest vested in trustee pursuant to s 58(1) of the Bankruptcy Act 1966 (Cth) EQUITY - where first…
Judge: Farrell J
- 11 Nov 2019:
Gomez v Carrafa (Trustee) (No 3)  FCA 1793
BANKRUPTCY AND INSOLVENCY - appeal against order of Federal Circuit Court to dispose of assets - appeal dismissed
Judge: Anastassiou J
- 1 Nov 2019:
Kerr as trustee of the property of Janice Mary Kehlet (a bankrupt) v Kehlet (No 2)  FCA 1786
BANKRUPTCY AND INSOLVENCY - appropriate form of orders to give effect to earlier reasons for judgment
Judge: Robertson 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.