General and Personal Insolvency Sub-area
About this Sub-Area
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 Court.
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.
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
|NPA Practice Note:|
NOTE: also refer to Schedule 2 of the practice note – General and Personal
Other general practice notes and Court developed guides which may be relevant to this Sub-area include:
General Practice Notes:
Forms, Rules & Fees
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:
- 19 Jun 2019:
Connolly v Mills Oakley Lawyers (a Partnership)  FCA 950
COSTS - appeal from the Federal Circuit Court of Australia - whether primary judge erred in exercising discretion as to costs - where bankruptcy notice issued -where sum paid purportedly to settle the debt - where a creditor's petition was subsequently issued - whether the primary judge erred in law by not addressing a sufficiently articulated…
Judge: Steward J
- 14 Jun 2019:
Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore (No 2)  FCA 916
BANKRUPTCY AND INSOLVENCY - application to set aside examination summons - examination summonses set aside in part
Judge: Jackson J
- 12 Jun 2019:
Olney-Fraser v Deputy Commissioner of Taxation  FCA 877
BANKRUPTCY - appeal from orders of Federal Circuit Court releasing property from control under Part X of Bankruptcy Act 1966 (Cth) - application of Div 2 of Part X subject to s 208 orders - whether special circumstances existed to justify s 208 orders - where appellant identified new creditors subsequent to sworn evidence of extent of liabilities…
Judge: Davies J
- 12 Jun 2019:
Abu-Amsha v Wagner  FCA 900
BANKRUPTCY AND INSOLVENCY - application for review of registrar's decision to dismiss creditor's petition and application for substituted service of petition - where copy of judgment not attached to bankruptcy notices - where insufficient evidence of service - where absence of reliable evidence as to address - where no act of bankruptcy…
Judge: Banks-smith J
- 7 Jun 2019:
Triantafyllos v Yeo as Trustee of the Bankrupt Estate of Andreas Triantafyllos  FCA 894
PRACTICE AND PROCEDURE - transfer of proceedings to the Federal Circuit Court - where present proceeding and pending proceeding in the Federal Circuit Court both relate to same underlying facts and dispute - where neither party opposes transfer - where factors weigh in favour of transferring proceeding to the Federal Circuit Court
Judge: O'Bryan J
- 7 Jun 2019:
Coshott v Official Trustee in Bankruptcy, in the matter of the Bankrupt Estate of Michael Petrovic Lenin (deceased)  FCA 913
PRACTICE AND PROCEDURE - application for leave to appeal - decision not attended by sufficient doubt - application for leave to appeal is dismissed
Judge: Stewart J
- 6 Jun 2019:
Dobrinski v Shepard (Trustee); In the matter of Slade  FCA 843
BANKRUPTCY - duties of trustee in bankruptcy - alleged breach of duty PRACTICE AND PROCEDURE - application for appointment of litigation representative
Judge: Flick J
- 5 Jun 2019:
Slater v Conley  FCA 909
BANKRUPTCY - whether bankruptcy notice should be set aside - whether there has been an overstatement in terms of s 41(5) of the Bankruptcy Act 1966 (Cth) - application dismissed
Judge: Jagot J
- 31 May 2019:
Aravanis (Trustee) v Twin Investors Pty Ltd, in the matter of Kapp  FCA 887
COSTS - urgent interim relief - undertaking not to dispose of proceeds of sale of property without giving 14 days' notice - undertaking withdrawn on immediate notice - costs allowed
Judge: Stewart J
- 29 May 2019:
Walsh v State of Queensland  FCA 871
BANKRUPTCY - disclaimer of real property under s 133 of the Bankruptcy Act 1966 (Cth) - application for order under s 133(9) for property to vest in the applicants - where trustee in bankruptcy disclaimed onerous real property - where applicants purported to buy the property from the bankrupt after he entered into bankruptcy - where contract had…
Judge: Logan J
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.