General and Personal Insolvency Sub-area
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 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.
Practice Notes
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: |
|
| Guides: |
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:
| Forms: |
|
| Rules: |
|
Latest Judgments
- 20 Dec 2024:
The Official Trustee in Bankruptcy v Shaw (No 5) [2024] FCA 1490
PRACTICE AND PROCEDURE - discontinuation of proceeding - where leave to discontinue proceeding granted - whether interlocutory orders sought by the respondent survive discontinuance - whether interlocutory orders sought constitute valid cross-claim
Judge: Sarah C Derrington J - 20 Dec 2024:
Hurst-Meyers v Hoy [2024] FCA 1499
BANKRUPTCY AND INSOLVENCY - appeal from a decision of the Federal Circuit and Family Court of Australia - where the primary judge dismissed an application for review of a sequestration order made by a Registrar - where appeal by way of rehearing - where appellant did not identify appellable error - whether grounds of appeal competent - whether to…
Judge: Cheeseman J - 19 Dec 2024:
Darmali v Chu [2024] FCA 1521
PRACTICE AND PROCEDURE - applications for stay pending appeals - stays granted on conditions PRACTICE AND PROCEDURE - security for costs -where appellants assert impecuniosity -whether order for security for costs would stultify appeal - security ordered in one appeal and refused in other
Judge: Thawley J - 18 Dec 2024:
Psomas (Trustee), in the matter of Moran (Bankrupt) (No 2) [2024] FCA 1477
BANKRUPTCY AND INSOLVENCY - application for order that trustee be disentitled to indemnity out of bankrupt estate for costs payable to bankrupt - whether trustee acted unreasonably in maintaining argument that summons to bankrupt should be amended rather than discharged - application dismissed
Judge: McDonald J - 13 Dec 2024:
Frigger v Trenfield (No 9) [2024] FCA 1486
COSTS - where an originating application for setting aside of sequestration orders and the annulment of bankruptcies on the basis of fraud entirely unsuccessful - where the respondents applied for costs and the respondent petitioning creditor sought costs from the bankrupt estates in the same priority as the trustee's costs under s 109(1)(a) of…
Judge: Logan J - 13 Dec 2024:
Bertram v Naudi (Costs) [2024] FCA 1444
COSTS - application for costs of claim and cross-claim on an indemnity basis - relevant principles - where the applicant commenced proceedings in the Court when a no-cost recovery alternative was available by internal review by Inspector-General - where applicant failed to file a genuine steps statement - where allegations that applicant…
Judge: O'Sullivan J - 13 Dec 2024:
Frigger v Trenfield (No 8) [2024] FCA 1438
BANKRUPTCY AND INSOLVENCY - where the applicants apply to set aside sequestration orders made against them in 2018 on the basis of fraud and, in the alternative, that their bankruptcies be annulled - where the applicants' allegations of fraud are baseless - where exercise of discretion to sequestrate entailed no error of principle - where the…
Judge: Logan J - 12 Dec 2024:
Stolyar v Scott (Trustee), in the matter of Stolyar (Bankrupt) (Leave to Appeal) [2024] FCA 1425
PRACTICE AND PROCEDURE - Application for leave to appeal from judgment determining application for the enforcement of orders and declarations made previously - no prospects of success. PRACTICE AND PROCEDURE - orders made pursuant to liberty to apply - purpose of liberty to apply - orders made consequential upon relief ordered in primary judgment…
Judge: Needham J - 9 Dec 2024:
Miller v Udunuwara [2024] FCA 1403
BANKRUPTCY AND INSOLVENCY - creditor's petition for a sequestration order - whether requirements for sequestration order have been established - application to adjourn the hearing - application to adjourn dismissed - sequestration orders made
Judge: Dowling J - 5 Dec 2024:
Voukidis Holdings Pty Ltd v Pascoe (as trustee of the bankrupt estate of Voukidis) [2024] FCA 1401
BANKRUPTCY AND INSOLVENCY - application for interlocutory injunction to prevent trustee in bankruptcy from selling property until determination of appeal - where applicant appeals declaration that it does not hold a security interest in the property
Judge: Hespe J
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
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.
