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)

• 6 Aug 2025: Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 6) [2025] FCA 894
  PRACTICE AND PROCEDURE – application for freezing order following judgment in favour of the cross-claimant – application granted
  Judge: GOODMAN J
• 6 Aug 2025: Cao v AWPF Management No. 2 Pty Ltd, in the matter of Cao [2025] FCA 892
  PRACTICE AND PROCEDURE – dismissal of proceeding – application for extension of time to comply with bankruptcy notice – where applicant committed subsequent act of bankruptcy – where applicant appointed controlling trustee over applicant’s affairs – whether utility in continuing proceeding PRACTICE AND PROCEDURE – application for costs – where…
  Judge: STELLIOS J
• 1 Aug 2025: Deputy Commissioner of Taxation v Fayad [2025] FCA 888
  BANKRUPTCY AND INSOLVENCY – where respondents voluntarily entered bankruptcy by presenting debtor’s petitions while applicant’s creditor’s petitions against them were on foot – where the applicant seeks the costs of the creditor’s petitions be paid from the estate of the respondent debtors “with the same priority as if a sequestration order had…
  Judge: STEWART J
• 1 Aug 2025: Sandhu v Owen (No 2) [2025] FCA 878
  BANKRUPTCY - sequestration order based on costs order - application for review of decision of Registrar - application for extension of time to file review application - ground alleging bankruptcy notice and creditor's petition have not been issued in good faith because original decision was erroneous and outside jurisdiction and tainted by fraud…
  Judge: JACKSON J
• 31 Jul 2025: Phillips v Carrafa, in the matter of Phillips (Bankrupt) [2025] FCA 870
  BANKRUPTCY – application for annulment of bankruptcy – whether sequestration “ought not to have been made” – turns on whether “real debt” owed by bankrupt to petitioning creditor – contract with “Seaford Dental Clinic” – effect of bankrupt being the holder of the registered business name – whether annulment order should be made in the exercise of…
  Judge: HILL J
• 24 Jul 2025: Gounder v Mansfield as trustee of the bankrupt estate of Gounder [2025] FCA 856
  BANKRUPTCY – orders made by Federal Circuit and Family Court of Australia (Div 2) (FCFCOA) declaring Respondent has possession of property – warrant for possession issued on the basis of those orders – application to set aside warrant for possession after trustee has taken possession of property – no utility in setting aside warrant after it is…
  Judge: HILL J
• 23 Jul 2025: Victorian Legal Services Board v Kuksal (Adjournment of Creditor’s Petition) [2025] FCA 852
  BANKRUPTCY AND INSOLVENCY – creditor’s petition filed in February 2025 and listed for hearing in July 2025 – application for adjournment of hearing of creditor’s petition until separate determination of other matters, including claims for contempt and compensation – application refused
  Judge: DOWNES J
• 17 Jul 2025: Australian Securities and Investments Commission v Merhi [2025] FCA 829
  CORPORATIONS – travel restraint – where ASIC was conducting an investigation into each defendant and entities associated with them – where ASIC applied for travel restraint orders pursuant to s 1323 of the Corporations Act 2001 (Cth) – where ASIC sought a travel restraint order for a period of six months from the date of the application – whether…
  Judge: MOSHINSKY J
• 16 Jul 2025: Okara Pty Ltd, (Administrators Appointed, in the matter of Okara Pty Ltd, (Administrators Appointed) [2025] FCA 818
  BANKRUPTCY AND INSOLVENCY – urgent application to appoint receivers under s 57 of the Federal Court of Australia Act 1976 (Cth) – whether security required – application granted
  Judge: DOWNES J
• 21 Jul 2025: Victorian Legal Services Board v Kuksal (Recusal Application) [2025] FCA 828
  PRACTICE AND PROCEDURE – application for recusal on grounds of actual and apprehended bias – allegation of obstruction of rights for the improper purpose of either pursuing a policy or ideological objective or pursuing a personal interest or benefit – allegation that conduct of proceedings has been arbitrary and unreasonable – application refused
  Judge: DOWNES J

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