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)

• 10 Apr 2025: Fleming v Calpis [2025] FCA 347
  BANKRUPTCY AND INSOLVENCY – creditor’s petition – failure to comply with bankruptcy notice founded on a judgment debt after a contested hearing – whether there is, in truth and reality, a debt owing to the petitioning creditor – whether Court should go behind a judgment – not satisfied that there is sufficient reason to question the existence of a …
  Judge: MARKOVIC J
• 1 Apr 2025: Stolyar v Scott (Trustee), in the matter of Stolyar (Bankrupt) (No 10) [2025] FCA 344
  PRACTICE AND PROCEDURE – application to stay orders – where applicant seeks stay pending commencement of application to set aside orders made on 16 June 2022 for alleged fraud – where alleged fraud occurred in 2024 – where no prima facie case established – where balance of convenience weighs against applicant – application dismissed
  Judge: THAWLEY J
• 8 Apr 2025: Ahmed v Sijabat (Trustee), in the matter of Ahmed (Bankrupt) [2025] FCA 325
  PRACTICE AND PROCEDURE – suppression order – no evidence that material poses risk to personal safety or the administration of justice – suppression order refused
  Judge: MURPHY J
• 4 Apr 2025: Guss v Larkfield Industrial Estates Pty Ltd [2025] FCA 313
  BANKRUPTCY AND INSOLVENCY – appeal from Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for review of judicial registrar’s decision to sequester appellant debtor’s estate and dismiss his application for extension of time to comply with bankruptcy notice and to stay or adjourn proceedings –…
  Judge: BUTTON J
• 3 Apr 2025: HBSY Pty Ltd v Lewis (No 2) [2025] FCAFC 44
  BANKRUPTCY AND INSOLVENCY – effect of discharge – where an intermeddling executor-beneficiary misappropriates estate funds – where the executor-beneficiary is discharged from bankruptcy – whether the executor-beneficiary’s obligation to make good their breach is a “debt…provable in…bankruptcy” for the purposes of s 153(1) of the Bankruptcy Act…
  Judge: MARKOVIC, DOWNES AND KENNETT JJ
• 2 Apr 2025: Mangano v Bullen [2025] FCAFC 42
  BANKRUPTCY AND INSOLVENCY – appeal from a sequestration order – where appeal by way of rehearing – where primary judge was not satisfied that debtor had discharged her onus to prove that she was able to pay her debts within the meaning of s 52(2)(a) of the Bankruptcy Act 1966 (Cth) – where primary judge erred in concluding that the debtor…
  Judge: CHEESEMAN, SHARIFF AND NEEDHAM JJ
• 17 Feb 2025: Thompson v Lane [2025] FCA 297
  PRACTICE AND PROCEDURE – Application – Leave to appeal – Recusal – Reasonable apprehension of bias – Whether a fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding
  Judge: MEAGHER J
• 28 Mar 2025: Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 9) [2025] FCA 275
  PRACTICE AND PROCEDURE – application to set aside or stay orders – whether failure to act in accordance with orders – construction of orders – application dismissed
  Judge: MARKOVIC J
• 20 Mar 2025: JML Rose Pty Ltd v Jorgensen (No 2) [2025] FCA 282
  BANKRUPTCY – where applicant applies for review of a sequestration order of a registrar made ex parte – whether court must conduct hearing de novo – whether s 52(1) of the Bankruptcy Act 1966 (Cth) is satisfied – whether court should look behind a default judgment which forms the basis of bankruptcy absent a bona fide allegation that no debt lies…
  Judge: LOGAN J
• 25 Mar 2025: Houten v Lennon [2025] FCA 252
  PRACTICE AND PROCEDURE – Registrars – review of Registrar’s power to make sequestration order – review is a hearing de novo – meaning of “hearing de novo”
  Judge: ROFE J

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