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)

• 27 Jun 2025: Houten v Lennon (Costs) [2025] FCA 708
  PRACTICE AND PROCEDURE – form of orders COSTS – where sequestration order has been set aside – where former trustee incurred cost in administering the former bankrupt estate – whether costs incurred by the former trustee were reasonable – whether the petitioning creditors or the respondent should bear the former trustee’s costs COSTS – application …
  Judge: ROFE J
• 26 Jun 2025: Osborne v Schembri McCluskys Pty Ltd [2025] FCA 691
  BANKRUPTCY – appeal from decision of Federal Circuit and Family Court of Australia dismissing application for review of Registrar’s decision to make sequestration orders – where primary judge found that res judicata or issue estoppel applies – primary judge erred – Court satisfied sequestration order should be made
  Judge: HESPE J
• 20 Jun 2025: Fung, in the matter of Bradford Insulation (S.A.) Pty Limited (in liquidation) [2025] FCA 653
  CORPORATIONS – application for replacement of liquidator with other liquidators at the same firm pursuant to s 499(3) of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule (Corporations) – ancillary orders dispensing with rr 70-30, 70-35 and 70-40 of the Insolvency Practice Rules (Corporations) 2016 (Cth) – uncontested …
  Judge: YOUNAN J
• 19 Jun 2025: Paule v Kambouris (No 3) [2025] FCA 648
  BANKRUPTCY – extension of time to comply with bankruptcy notice – discretion conferred by s 41(6A) of the Bankruptcy Act 1966 (Cth) – where applicant subject to judgment debt – where stay of judgment debt not granted – where applicant gave undertaking not to deal with property – where property subsequently became encumbered
  Judge: STELLIOS J
• 19 Jun 2025: Purple Sunset Holdings Pty Ltd v Jones, in the matter of Cattana (No 2) [2025] FCA 660
  BANKRUPTCY AND INSOLVENCY – application to set aside personal insolvency agreement and for sequestration orders against second respondent’s estate – where second respondent entered into personal insolvency agreement (PIA) – where applicants’ debt and parties’ legal proceedings not disclosed in second respondent’s statement of affairs – omission…
  Judge: JACKMAN J
• 12 Jun 2025: Purple Sunset Holdings Pty Ltd v Jones, in the matter of Cattana [2025] FCA 659
  PRACTICE AND PROCEDURE – adjournment application – where ample time given to enable second respondent to prepare case, obtain legal advice and file evidence – application refused
  Judge: JACKMAN J
• 17 Jun 2025: Victorian Legal Services Board v Kuksal (No 2) [2025] FCA 646
  BANKRUPTCY AND INSOLVENCY – opposition to listing of creditor’s petition on dates which are seven months after date of filing the petition
  Judge: DOWNES J
• 13 Jun 2025: HBSY Pty Ltd v Lewis (Costs) [2025] FCAFC 80
  COSTS – where respondent successful in the appeal proceedings – where previous costs orders made
  Judge: MARKOVIC, DOWNES AND KENNETT JJ
• 5 Jun 2025: Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 5) [2025] FCA 586
  COSTS – application for an order that a non-party pay the costs of the successful cross-claimant – no basis established for such an order – application dismissed
  Judge: GOODMAN J
• 9 May 2025: Sandhu v Owen [2025] FCA 566
  CORPORATIONS - application for stay of sequestration order - application adjourned - no stay orders made
  Judge: JACKSON J

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