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)

• 20 Aug 2026: Frugtniet v Mansfield (Trustee), in the matter of Frugtniet [2026] FCAFC 105
  EVIDENCE – section 304 of the Duties Act 1997 (NSW) – inadmissibility of unstamped instrument – discretion to admit if transmitted to the Chief Commissioner in accordance with arrangements approved by the court – meaning of ‘transmitted’ – meaning of ‘arrangements approved by the court’ – appellant undertaking to pay duty and transmit instrument…
  Judge: FEUTRILL, OWENS AND WHEATLEY JJ
• 18 Aug 2026: Gadd v Piscopo (Trustee), in the matter of Kozlowski (Bankrupt) [2026] FCA 1167
  BANKRUPTCY AND INSOLVENCY – application under s 109(10) of the Bankruptcy Act 1966 (Cth) – where creditor funded and indemnified trustee to conduct recovery proceeding – where recovery proceeding produced funds for bankrupt estate – where estate lacked funds to pursue recovery without creditor’s assistance – where creditor assumed significant risk …
  Judge: CHEESEMAN J
• 14 Aug 2026: Maroon v Wengel (Trustee), in the matter of Maroon (Bankrupt) (Trial Judgment) [2026] FCA 1129
  BANKRUPTCY AND INSOLVENCY – application for annulment of bankruptcy under s 153B(1) of the Bankruptcy Act 1966 (Cth) – whether sequestration order ought not to have been made – whether Court should go behind the judgment debt – whether there was in truth and reality no debt due – allegations that debt arose from guarantee procured by…
  Judge: NEEDHAM J
• 27 Jul 2026: Karlsson v Griffith University (No 2) [2026] FCAFC 102
  BANKRUPTCY AND INSOLVENCY – scope of power under s 41(6A) of Bankruptcy Act 1966 (Cth) – operation of s 41(7) of Bankruptcy Act –application brought by creditor for variation of previous orders under r 39.05 of Federal Court Rules 2011 (Cth) or Court’s implied power – variation sought to add order under s 41(6A) of Bankruptcy Act extending time…
  Judge: PERRY, BROMWICH AND RAPER JJ
• 4 Aug 2026: Legal Practice Board v Khosa [2026] FCA 1059
  PRACTICE AND PROCEDURE – recusal application – alleged apprehension of bias due to service on Legal Practice Complaints Committee during time the Committee dealt with the respondent’s complaint – no connection between conduct of Committee during relevant period and respondent’s complaint – no reasonable apprehension of bias – application dismissed …
  Judge: JACKSON J
• 29 Jul 2026: Pomella v Owners Corporation 1 Plan No. PS648585D [2026] FCA 1062
  BANKRUPTCY AND INSOLVENCY – application for interlocutory injunction to restrain the Trustee from dealing with properties in the bankrupt estate – where the applicant seeks an extension of time to appeal – where proceeding commenced 11 months out of time – delays in the administration of the bankrupt estate – prejudice to creditors – whether…
  Judge: NESKOVCIN J
• 3 Aug 2026: Pieman Resources Pty Ltd v Johnston (Sequestration Orders) [2026] FCA 1010
  BANKRUPTCY AND INSOLVENCY – creditors’ petitions accepted for filing on 2 March 2026 – hearing of creditors’ petitions in late July 2026 following previous non-compliance by respondents with court orders – creditors’ petitions based on non-compliance by respondents with bankruptcy notices based on default judgment – whether court should go behind…
  Judge: DOWNES J
• 31 Jul 2026: Low (Liquidator) v Hughes (No 3) [2026] FCA 1048
  COSTS - application for costs of hearing of a separate question - where hearing of separate question substantially disposed of proceeding - whether costs should be paid on an indemnity basis - whether costs should be paid forthwith
  Judge: VANDONGEN J
• 16 Jul 2026: Sanna v Trustee of the Property of Sanna (Bankrupt) [2026] FCA 1046
  PRACTICE AND PROCEDURE – application for leave to amend notice of appeal – where proposed grounds of appeal have no prospects of success and there would be no utility in granting leave for the amendment – leave refused
  Judge: DOWLING J
• 31 Jul 2026: McEwan v Official Trustee in Bankruptcy (Costs) [2026] FCA 1016
  COSTS – proceeding discontinued by leave after judgment reserved – where respondents sought costs of discontinued proceeding – respondents were trustees in bankruptcy of applicant – where previous trustees of applicant’s bankrupt estate filed Objection to Discharge of applicant from bankruptcy under Bankruptcy Act 1966 (Cth) – objection concerned…
  Judge: COLLIER J

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