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)

• 1 Oct 2025: Weston (Trustee) v Sanna (No 7) [2025] FCA 1205
  PRACTICE AND PROCEDURE – application for approval of proposed distribution of proceeds of sale of real properties – where appointment of trustees for sale pursuant to s 66G of the Conveyancing Act 1919 (NSW) – where proposed distribution pursuant to mediated settlement agreed by majority of parties – where opposition concerns the nature of the…
  Judge: MARKOVIC J
• 30 Sep 2025: Maclean v Brylewski, in the matter of Maclean [2025] FCAFC 133
  APPEAL - leave to appeal - power of appellate court to remit a matter for rehearing - where appellant's legal representative before primary judge had conflict of interest - whether denial of procedural fairness - whether that denial deprived appellant of the possibility of a successful outcome - implied power of the Court to ensure proper…
  Judge: JACKSON, MOORE AND STELLIOS JJ
• 29 Sep 2025: Frigger v Trenfield (No 11) [2025] FCA 1193
  PRACTICE AND PROCEDURE – Application to withdraw interlocutory applications – Consent to withdrawal – Where judgment reserved – Costs of application to withdraw PRACTICE AND PROCEDURE – Application to seek leave to amend notice of appeal PRACTICE AND PROCEDURE – Application to seek leave to adduce further evidence on appeal – Application to seek…
  Judge: MEAGHER J
• 19 Sep 2025: Kimber v Clark as trustee of the estate of Kimber (Review of orders) [2025] FCA 1181
  PRACTICE AND PROCEURE – application to vary or set aside orders under Federal Court Rules 2011 (Cth) rr‍ 39.04 or 39.05 – where applicant was out of time when application was filed but had attempted to file in time – where application to review orders was in substance an application to appeal – where an order contained a clerical mistake or an…
  Judge: PERRAM J
• 19 Sep 2025: Camarda (by her Litigation Guardian) v Allen (Trustee) [2025] FCA 1162
  PRACTICE AND PROCEDURE - application by litigation representative for approval of settlement - consideration of relevant factors for approval of settlement - best interests of a person under disability - independent legal opinion - settlement approved
  Judge: JACKSON J
• 22 Sep 2025: Thomas v Ejueyitsi [2025] FCA 1167
  BANKRUPTCY – sequestration order – where application for review of sequestration order made by Registrar – where review conducted as a hearing de novo – whether petitioning creditors have established onus to prove matters in s 52(1) of the Bankruptcy Act 1966 (Cth) – whether petitioning creditors have discharged onus on civil standard to establish …
  Judge: CHEESEMAN J
• 19 Sep 2025: Cox (Administrator) v Mahommed, in the matter of Mahommed [2025] FCA 1063
  BANKRUPTCY AND INSOLVENCY – creditor’s petition for a sequestration order against the respondent debtor under s 43 of the Bankruptcy Act 1966 (Cth) – where failure to comply with bankruptcy notice – whether act of bankruptcy under s 40(1)(g) of the Bankruptcy Act 1966 (Cth) – whether “other sufficient cause” sequestration order should not be made…
  Judge: YOUNAN J
• 12 Sep 2025: Ogbonna v CTI Logistics Ltd (No 7) [2025] FCA 1125
  BANKRUPTCY – appeal from sequestration order made under s 43 of the Bankruptcy Act 1966 (Cth) – judgment debt statute-barred under s 13(1) of the Limitation Act 2005 (WA) – enforcement of debt contingent on grant of leave under s 13(1) of the Civil Judgments Enforcement Act 2004 (WA) – whether judgment debt payable immediately or at a certain…
  Judge: FEUTRILL J
• 8 Sep 2025: Scenic Rim Regional Council v Cutbush (No 3) [2025] FCA 1103
  BANKRUPTCY AND INSOLVENCY — Bankruptcy notice – Determination of a separate question regarding validity of bankruptcy notice — Where notice contained address of creditor’s solicitors, by way of a post office box — Whether notice invalid by reason of a failure of the creditor to state a street or physical address whereby the judgment debtor may…
  Judge: WHEATLEY J
• 4 Sep 2025: Rufford v Sheahan (as Trustee), in the matter of Rufford [2025] FCA 1072
  BANKRUPTCY – review of decision of trustee – decisions to accept proofs of debt in part or in whole – where insufficient evidence to establish that debts constituting proofs of debt were not owing – where applicant alleged debts were authorised as remuneration or otherwise approved – where applicant alleged some debts were payments for consultancy …
  Judge: STELLIOS J

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