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)

• 24 Jun 2026: Roufeil, in the matter of Roufeil [2026] FCA 816
  CORPORATIONS – application under s 473A of the Corporations Act 2001 (Cth) to fill a vacancy in the office of liquidator appointed by the Court – current liquidator retiring – replacement with liquidators of the same firm – application approved BANKRUPTCY AND INSOLVENCY – application under s 180 of the Bankruptcy Act 1966 (Cth) to accept the…
  Judge: NEEDHAM J
• 24 Jun 2026: Field (Trustee) v Spencer (No 2) [2026] FCA 801
  BANKRUPTCY – application by trustee for approval of remuneration – where trustee's remuneration fixed by creditors – where sale of bankrupt's home occurred six years after sequestration order – where trustee made inquiries into bankrupt's income but did not perform income contribution assessment until four years after sequestration order -…
  Judge: COLVIN J
• 24 Jun 2026: Garlick v KALX Capital Securities Pty Ltd [2026] FCA 808
  BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice dismissed by judicial registrar – whether claim to money paid into Court constitutes a cross-demand within section 40(1)(g) Bankruptcy Act 1966 (Cth) – application dismissed with costs
  Judge: DOWNES J
• 23 Jun 2026: Wei v Robba (Trustee), in the matter of Zhu (Bankrupt) [2026] FCA 802
  PRACTICE AND PROCEDURE – application for freezing orders – where applicant’s case difficult to discern from material – whether applicant had established risk of dissipation – whether balance of convenience favoured the making of freezing orders – application for freezing orders dismissed
  Judge: MEAGHER J
• 20 May 2026: Big Chief Hire Pty Ltd v Dallwitz, in the matter of Dallwitz [2026] FCA 789
  BANKRUPTCY — application for review of decision of a Registrar pursuant to s 35A of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Federal Court (Bankruptcy) Rules 2016 (Cth) to dismiss a petition of creditors — where debtor failed to comply with bankruptcy notice — where other matters required under s 52 of the Bankruptcy Act…
  Judge: O'SULLIVAN J
• 18 Jun 2026: Vines (Trustee), in the matter of McKay (Deceased) [2026] FCA 765
  BANKRUPTCY – where bankrupt passed away prior to filing a statement of affairs – no will located – no person sought to apply for letters of administration – thorough investigation by trustees to locate creditors – real property sold and funds available for distribution – application by trustees for orders permitting distribution of dividends among …
  Judge: BANKS-SMITH J
• 17 Jun 2026: Thompson v Lane (No 3) [2026] FCA 766
  PRACTICE AND PROCEDURE – interlocutory application – application to set aside previous decision –substantive proceedings listed for hearing – whether duplication of relief sought – whether s 104(3) Bankruptcy Act 1966 (Cth) applicable
  Judge: COLLIER J
• 17 Jun 2026: Natch v Stennson Pty Ltd, in the matter of Natch (Set Aside Application) [2026] FCA 754
  BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice – where applicant relies on asserted appeals, parallel proceedings and alleged set-off – whether judgment debt remains final notwithstanding asserted appeals and parallel proceedings – whether equitable set-off or “counter-claim, set-off or cross demand” established pursuant to …
  Judge: BUTTON J
• 17 Jun 2026: Kimber v Clark in his capacity as trustee of the property of Kimber (No 3) [2026] FCA 757
  PRACTICE AND PROCEDURE – where costs quantum proceedings referred to docket judge – where costs respondent seeks production of documents by costs applicant – production of source material verifying costs and disbursements claimed in costs summary affidavit – [4.12] of the Costs Practice Note (GPN-COSTS) – delay between ordering costs assessment…
  Judge: BURLEY J
• 16 Jun 2026: Shire of Goomalling v State of Western Australia [2026] FCA 762
  BANKRUPTCY – where trustee disclaimed interest in real property – application by Shire for property to vest in order to facilitate power of sale – orders made
  Judge: BANKS-SMITH J

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