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.
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:
- 30 Nov 2022:
Sampson in his Capacity as Trustee for the Bankrupt Estate of Tannous v Tannous  FCA 1427
TRUSTS AND TRUSTEES - where trustee in bankruptcy seeks orders for appointment of trustees of sale - where bankrupt's share in property in question said to be held on trust for other registered proprietor in equal shares - where presumptions of resulting trust and advancement said to arise - where evidence establishes intention of bankrupt and…
Judge: Abraham J
- 28 Nov 2022:
Spencer, in the matter of the Estate of Coshott  FCA 1418
BANKRUPTCY AND INSOLVENCY - application for a sequestration order - debtor died after service of creditor's petition but before a sequestration order had been made - order made for the administration of the debtor's estate under Part XI of the Bankruptcy Act 1966 (Cth)
Judge: Goodman J
- 18 Nov 2022:
Pekar v Jess (Trustee)  FCA 1367
BANKRUPTCY AND INSOLVENCY - application for extension of time within which bankrupt to file application under s 104 of the Bankruptcy Act 1966 (Cth) (the Act) seeking review of Respondents' decision to admit proofs of debt under s 102 of the Act - where application brought more than 90 days after decision of the Respondents
Judge: Hespe J
- 15 Nov 2022:
Storry v Weir (No 2)  FCA 1360
PRACTICE AND PROCEDURE - application under r 39.05(b) of the Federal Court Rules 2011 (Cth) - whether judgment was procured by fraud - whether successful party responsible for the fraud - no allegations of fraud made out - no allegations of fraud relate to the judgment - application dismissed
Judge: Thomas J
- 3 Nov 2022:
Baker v Punters Show Pty Limited, in the matter of Baker  FCA 1303
BANKRUPTCY - where an application to set aside a bankruptcy notice was dismissed by a registrar - review of registrar's decision by judge - hearing de novo - whether applicant has a set-off - whether quantum of the set-off is equal to or in excess of the judgment debt on which the bankruptcy notice is founded - where evidence does not establish…
Judge: Markovic J
- 28 Oct 2022:
Nelson (Trustee), in the matter of Warawita (Bankrupt) v Warawita  FCA 1281
BANKRUPTCY AND INSOLVENCY - where Applicant appointed as the trustee of the Respondent's bankrupt estate - where residential property forms part of the property of the bankrupt - whether orders should be made for vacant possession of the Respondent's residential property pursuant to Bankruptcy Act 1966 (Cth) ss 30, 77
Judge: Hespe J
- 25 Oct 2022:
Nida v BKA Practice Co Pty Ltd  FCA 1257
BANKRUPTCY - appeal from the decision of the Federal Circuit Court of Australia - where the Appellant has not identified any legal, factual or discretionary errors made by the primary judge - appeal dismissed with costs
Judge: Anderson J
- 21 Oct 2022:
Credit Suisse AG v Gu  FCA 1220
PRACTICE AND PROCEDURE - where referee appointed pursuant to s 54A(1) of the Federal Court of Australia Act 1976 (Cth) to prepare a report on applications for security for costs - where no party moves the Court to reject the referee's report - whether the report should be adopted, varied or rejected - Held: referee's report adopted in the whole.
Judge: Cheeseman J
- 17 Oct 2022:
Frigger v Trenfield (No 6)  FCA 1233
PRACTICE AND PROCEDURE - varying or setting aside interlocutory orders - application for expedited hearing - whether any expedited hearing is in the interests of justice - whether there is a substantial overlap with issues with other court proceedings - no overlap found - application for expedition refused
Judge: Feutrill J
- 14 Oct 2022:
Jones v Porter  FCA 1219
PRACTICE AND PROCEDURE - where the competency of the appeal from a decision of the then Federal Circuit Court to refuse an application for an inquiry under s 90-15 of the Insolvency Practice Schedule (Bankruptcy), Sch 2 to the Bankruptcy Act 1966 (Cth) into the administration of the bankrupt estate was challenged by the respondents - whether leave …
Judge: Cheeseman J
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
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.