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.

Other general practice notes and Court developed guides which may be relevant to this Sub-area include:

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:

• Bankruptcy Act 1966 (Cth)
• Federal Court (Bankruptcy) Rules 2016 (Cth)
• Cross-Border Insolvency Act 2008 (Cth)

• 10 Sep 2026: Taylor (Trustee), in the matter of Behennah (Bankrupt) v Behennah [2026] FCA 1332
  BANKRUPTCY AND INSOLVENCY – application by trustee for declarations or judicial advice in relation to characterisation of bankrupt’s property under the Bankruptcy Act 1966 (Cth) – meaning of “income” for the purposes of Division 4B of Part VI of the Bankruptcy Act – meaning of “after-acquired property” for the purposes of s 58(6) of the Bankruptcy …
  Judge: NEEDHAM J
• 8 Sep 2026: Gleeson (trustee) v Wittenberg, in the matter of Wittenberg (deceased) [2026] FCA 1324
  BANKRUPTCY AND INSOLVENCY – deceased estate administered under Part XI of the Bankruptcy Act 1966 (Cth) – where, before the appointment of a trustee, transfers totalling $302,000 were made from a bank account in the deceased’s name to a bank account in his wife’s name –notice issued to the wife pursuant to section 139ZQ of the Bankruptcy Act –…
  Judge: OWENS J
• 8 Sep 2026: Ejueyitsi v Thomas [2026] FCAFC 123
  BANKRUPTCY – appeal from sequestration order – de novo review of registrar's decision – service of bankruptcy notice – whether personal service established – conflicting witness evidence – rule in Browne v Dunn – no error in factual findings of primary judge – solvency – whether debtor proved ability to pay debts within s 52(2)(a) of the…
  Judge: O'SULLIVAN, YOUNAN AND BENNETT JJ
• 7 Sep 2026: Scott (Trustee) v Maher, in the matter of bankrupt estate of Maher (No 3) [2026] FCA 1326
  PRACTICE AND PROCEDURE – Where partnership dissolved upon bankruptcy of bankrupt partner – where receiver appointed to partnership assets – where receiver sought production of documents relating to partnership assets and to resolve disputes between former partners – orders made for production of affidavits and documents
  Judge: NESKOVCIN J
• 27 Aug 2026: Scott v Scott (Recusal Application) (No 2) [2026] FCA 1314
  PRACTICE AND PROCEDURE – application for recusal – conduct of case management of Full Court appeal and hearing appeal – litigant in person – alleged reasonable apprehension of bias, prejudice and prejudgment – order 2 of application dismissed by single judge – order 2 of application to be heard by Full Court
  Judge: NEEDHAM J
• 31 Aug 2026: Dixon (Trustee) v Templer, in the matter of the bankrupt estate of Templer [2026] FCA 1272
  BANKRUPTCY AND INSOLVENCY – application for distribution of dividends amongst the creditors who have proved their debts in the bankrupt estate of the respondent notwithstanding that he has failed to file a statement of affairs – whether the Court is satisfied that the order should be made
  Judge: STEWART J
• 28 Aug 2026: Independent Commission Against Corruption v Waterhouse (Removal of Filed Document) [2026] FCAFC 110
  PRACTICE AND PROCEDURE – whether an order should be made pursuant to r 2.28(1) of the Federal Court Rules 2011 (Cth) removing an interlocutory application from the Court file – question referred to Full Court – Full Court considered additional question whether the Court should direct Registrar to remove interlocutory application from file – where…
  Judge: MARKOVIC, COLVIN, MCELWAINE JJ
• 15 Jul 2026: Cwalina v State of Victoria [2026] FCA 1249
  PRACTICE AND PROCEDURE — applications by respondents for summary dismissal pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) — where proceedings reveal no cause of action such that the applicant has no prospect of successfully prosecuting the proceedings — proceedings summarily dismissed
  Judge: O'SULLIVAN J
• 20 Aug 2026: Frugtniet v Mansfield (Trustee), in the matter of Frugtniet [2026] FCAFC 105
  EVIDENCE – section 304 of the Duties Act 1997 (NSW) – inadmissibility of unstamped instrument – discretion to admit if transmitted to the Chief Commissioner in accordance with arrangements approved by the court – meaning of ‘transmitted’ – meaning of ‘arrangements approved by the court’ – appellant undertaking to pay duty and transmit instrument…
  Judge: FEUTRILL, OWENS AND WHEATLEY JJ
• 18 Aug 2026: Gadd v Piscopo (Trustee), in the matter of Kozlowski (Bankrupt) [2026] FCA 1167
  BANKRUPTCY AND INSOLVENCY – application under s 109(10) of the Bankruptcy Act 1966 (Cth) – where creditor funded and indemnified trustee to conduct recovery proceeding – where recovery proceeding produced funds for bankrupt estate – where estate lacked funds to pursue recovery without creditor’s assistance – where creditor assumed significant risk …
  Judge: CHEESEMAN J

• Australian Financial Security Authority (AFSA)
• AFSA - Bankruptcy Register Search