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 Aug 2025: Shanahan as trustee of the bankrupt estate of Hall v Hall, in the matter of Hall [2025] FCA 1020
  PRACTICE AND PROCEDURE – Interlocutory application for summary dismissal or permanent stay of substantive proceedings – where respondents claim proceedings an abuse of process – where previous proceedings commenced in the District Court of Queensland but not served – where previous agreements reached between the parties in respect of progression…
  Judge: COLLIER J
• 27 Aug 2025: Victorian Legal Services Board v Kuksal (Sequestration Order) [2025] FCA 999
  BANKRUPTCY AND INSOLVENCY – creditor’s petition filed on 28 February 2025 – hearing of creditor’s petition in July and August 2025 – creditor’s petition based on bankruptcy notices served by email on respondents pursuant to reg. 102 Bankruptcy Regulations 2021 (Cth) – where bankruptcy notices also served by post – bankruptcy notices based upon…
  Judge: DOWNES J
• 25 Aug 2025: Doyle v Cooper as Liquidator of NQ Minerals PLC (in liq), in the matter of Doyle [2025] FCA 1008
  PRACTICE AND PROCEDURE – interlocutory application for orders pursuant to s 37A Federal Court of Australia Act 1976 (Cth) – where applicant is a resident of Monaco and seeks to present for cross-examination by audio-visual link – where respondents contend the applicant should be physically present for cross-examination – s 37M Federal Court of…
  Judge: COLLIER J
• 20 Aug 2025: PC Whitehall & Sons Pty Ltd v Gollant as trustee of the bankrupt estate of Livanidis [2025] FCA 993
  PRACTICE AND PROCEDURE – whether leave should be granted under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to a party to take fresh steps in County Court proceedings – Applicant seeks to apply for extension of freezing order made by the County Court against the assets of the bankrupt – judgment entered against the Respondent before bankruptcy –…
  Judge: HILL J
• 20 Aug 2025: Kimber v Clark as trustee of the estate of Kimber [2025] FCA 979
  APPEAL AND NEW TRIAL – application for leave to appeal from three interlocutory orders – order summarily dismissing an application for annulment of a bankruptcy – bankruptcy brought about by debtor’s own petition – applicant unable to demonstrate any arguable appealable error affecting critical findings relating to delay and solvency – proposed…
  Judge: CHARLESWORTH J
• 19 Aug 2025: JML Rose Pty Ltd v Jorgensen (No 3) [2025] FCA 976
  BANKRUPTCY AND INSOLVENCY – Annulment – Whether Court satisfied that sequestration order ought not to have been made – Where default judgment that founded the bankruptcy notice and the sequestration order set aside – Where debt to petitioning creditor was greater than the statutory minimum provided by the Bankruptcy Act 1966 (Cth) – Where…
  Judge: WHEATLEY J
• 15 Aug 2025: McEwan v Official Trustee in Bankruptcy [2025] FCA 978
  PRACTICE AND PROCEDURE – Part VAA of the Federal Court of Australia Act 1976 (Cth) – suppression and non-publication orders – application for temporary non-publication order over judgment pending determination of appeal – where appellant claims a non-publication order is necessary to prevent prejudice to the proper administration of justice or to…
  Judge: BURLEY J
• 13 Aug 2025: Thompson v Lane (No 2) [2025] FCA 951
  PRACTICE AND PROCEDURE - application for extension of time within which to seek leave to appeal - whether proposed grounds of appeal have reasonable prospects of success - whether substantial injustice would result if leave refused - application dismissed with costs
  Judge: VANDONGEN J
• 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

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