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)

• 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
• 4 Sep 2025: Strata Plan 94402 v Chen, in the matter of Chen [2025] FCA 1071
  BANKRUPTCY – application to annul bankruptcy – whether bankrupt is solvent – cash flow test – where bankrupt has net positive equity – where bankrupt has no source of income – where bankrupt requires financial support from family members – where bankrupt unable to pay debts as and when they become due and payable – where bankrupt has not made full …
  Judge: STELLIOS J
• 29 Aug 2025: Sammut v Lawrence [2025] FCA 1040
  BANKRUPTCY AND INSOLVENCY – applications to set aside two bankruptcy notices – whether the applicant has a counter-claim, set-off or cross demand equal to, or in excess of, the judgment debt pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth) that could not have been set up below – whether the issue of the bankruptcy notices are an abuse –…
  Judge: RAPER J
• 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

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