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)

• 3 Oct 2023: Lawrence v Sammut, in the matter of Lawrence [2023] FCA 1170
  COSTS - proceeding to set aside bankruptcy notice - amount sought subsequently paid - proceeding dismissed by consent - whether costs payable on the basis that the applicant, having litigated for some time, surrendered - costs order made - costs payable on a lump-sum basis with quantum to be determined by a Registrar of the Court
  Judge: Goodman J
• 15 Sep 2023: Guss v Larkfield Industrial Estates Pty Ltd [2023] FCA 1105
  BANKRUPTCY AND INSOLVENCY - appeal from Federal Circuit and Family Court of Australia - primary judge refused application to set aside bankruptcy notice - whether primary judge erred in finding that bankruptcy notice was not invalid on the ground of misstatement under s 41(5) of the Bankruptcy Act 1966 (Cth) - whether interlocutory costs orders…
  Judge: Rofe J
• 15 Sep 2023: A-Cap Energy Limited, in the matter of A-Cap Energy Limited [2023] FCA 1142
  CORPORATIONS - Scheme of arrangement - order sought under s 411(1) of the Corporations Act 2001 (Cth) - whether scheme fit for consideration - whether disclosure of directors' interest adequate
  Judge: Feutrill J
• 14 Sep 2023: Richards v Hutchinson [2023] FCA 1102
  BANKRUPTCY - application to set aside bankruptcy notice - where debtor sought to amend application and file further affidavit material - hearing de novo - original application relied on s 41(6A) Bankruptcy Act 1966 (Cth) - debtor subject of interlocutory costs order in Supreme Court of Queensland in favour of respondents to substantive proceedings …
  Judge: Collier J
• 11 Sep 2023: JB Solicitors Pty Ltd v Cam, in the matter of the Bankrupt Estate of Cam [2023] FCA 1095
  BANKRUPTCY AND INSOLVENCY - review of sequestration order made by Registrar - where default judgment against Respondent entered by District Court of New South Wales - where notice of motion to set aside default judgment had been dismissed - whether evidence of Respondent provides a sufficient basis to go behind default judgment
  Judge: Perram J
• 11 Sep 2023: Van Eps v Child Support Registrar [2023] FCA 1068
  BANKRUPTCY AND INSOLVENCY - Whether application to set aside bankruptcy notice filed within time under s 41(7) Bankruptcy Act 1966 (Cth) - when applicant served with bankruptcy notice - meaning of "within 21 days after" - when application taken to be filed under r 2.25 Federal Court Rules 2011 (Cth) - whether Court has jurisdiction to hear…
  Judge: Collier J
• 29 Aug 2023: Coleman v Veale [2023] FCA 1023
  BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice under s 30 of the Bankruptcy Act 1966 (Cth) (the Act) - whether failure to note and make allowance for a costs order adverse to respondent vitiated bankruptcy notice - consideration of whether invalidity flows automatically from misstatement - consideration of meaning of…
  Judge: Kennett J
• 28 Aug 2023: Dessmann, in the matter of Dessmann [2023] FCA 1019
  SUPERANNUATION - application for an order that the applicant not be a disqualified person under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth) - where applicant is sole member of a self-managed superannuation fund
  Judge: Hespe J
• 24 Aug 2023: Yushkova v Cook (Trustee) in the matter of the bankrupt estate of King (No 3) [2023] FCA 1027
  PRACTICE AND PROCEDURE - application for recusal on grounds of apprehended bias - whether previous decision pre-judged the matter - whether fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind - whether logical connection established - application dismissed
  Judge: Thomas J
• 23 Aug 2023: Roufeil as Trustee of the Bankrupt Estate of Tarrant v Tarrant Enterprises Pty Ltd as Trustee for the MRT Family Trust [2023] FCAFC 142
  BANKRUPTCY AND INSOLVENCY - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) - where transfers made by a person who later became bankrupt from his current account to a loan account held by a company - whether the transfers may be avoided on the basis that each transfer constituted a "payment of money" within the…
  Judge: Derrington, Abraham and Jackman JJ

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