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: |
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| 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: |
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| Rules: |
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Latest Judgments
- 26 Jul 2024:
Edmonds v Barrington Winstanley Group Pty Ltd [2024] FCA 821
PRACTICE AND PROCEDURE - application to disqualify the respondent's legal representatives - summary of legal principles - appellants' evidence inadmissible on the basis they contain bare assertions of a scandalous nature - application dismissed PRACTICE AND PROCEDURE - application for leave to amend the notice of appeal - appellants' submission…
Judge: Perry J - 19 Jul 2024:
Stolyar v Scott (Trustee), in the matter of the bankrupt estate of Stolyar [2024] FCA 796
PRACTICE AND PROCEDURE - application for dispensation from rule 4.01 of the Federal Court Rules 2011 - where proposed representative has a personal interest in the outcome of the case - dispensation not granted - leave granted for proposed representative to assist as applicant's McKenzie friend PRACTICE AND PROCEDURE - application for leave to…
Judge: Perry J - 16 Jul 2024:
Manzo v CSM Lawyers Pty Ltd [2024] FCAFC 96
COSTS - where the appellant appeals from a decision of a single judge of this Court to affirm a registrar's sequestration order against the appellant - where the appellant discontinued the appeal the day before the hearing and was deemed to have made an application to discontinue the appeal with no order as to costs - where the respondent…
Judge: Logan, Perry and Meagher JJ - 16 Jul 2024:
Yan v Spyrakis (Trustee), in the matter of the bankrupt estate of Liu [2024] FCA 768
PRACTICE AND PROCEDURE - application for leave to intervene pursuant to rule 2.03(1) of the Federal Court (Bankruptcy) Rules 2016 (Cth) - change of circumstances from the date the application for leave was filed to the date of the hearing - application dismissed BANKRUPTCY - application by a creditor for orders removing trustee of a bankrupt…
Judge: Perry J - 16 Jul 2024:
Kirk as trustee of the Property of Smith (a Bankrupt) v Smith (No 2) [2024] FCA 773
BANKRUPTCY - Orders - principles of tracing - trustee in bankruptcy's interest in property - appointment of trustees for sale under Property Law Act 1974 (Qld) - distribution of sale proceeds - cross-claim to set aside s 139ZQ Notice under Bankruptcy Act 1966 (Cth)- whether indemnity costs should be awarded
Judge: Collier J - 10 Jul 2024:
Tse v Evans as trustee in bankruptcy for Ngo [2024] FCA 787
BANKRUPTCY - application by liquidator for leave to proceed against bankrupt in Supreme Court proceeding pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) - principles applicable to exercise of discretion to grant leave to proceed - where trustee of bankrupt neither consents nor opposes the relief sought by the liquidator.
Judge: Perry J - 3 Jul 2024:
Official Receiver, in the matter of Mottershead [2024] FCA 823
BANKRUPTCY - referral of debtor's petitions against a partnership for directions under s 56C(1)(b) and s 56C(3) of the Bankruptcy Act 1966 (Cth) - consideration of principles applicable for specifying the time for commencement of the bankruptcy under s 56C(5) of the Bankruptcy Act
Judge: Feutrill J - 27 Jun 2024:
Marketlend Pty Ltd v Govindasamy, in the matter of Govindasamy [2024] FCA 704
BANKRUPTCY - review of Registrar's dismissal of application to adjourn creditor's petition under s 206 of the Bankruptcy Act 1966 (Cth) to allow a personal insolvency agreement (PIA) to be executed - where majority of creditors approved the PIA - whether PIA for the advantage of creditors - where paltry return for creditors under PIA and in…
Judge: Stewart J - 27 Jun 2024:
Carson (by her litigation representative Jodi-Ann Michael) v Gabriele [2024] FCA 702
PRACTICE AND PROCEDURE - review of Registrar's decision under s 35A(6) of the Federal Court of Australia Act 1976 (Cth) - Registrar granted leave to withdraw creditor's petition - Registrar ordered costs against the respondent in a fixed amount - hearing de novo - Registrar's decision set aside - creditor's petition dismissed - applicant ordered…
Judge: Thawley J - 21 Jun 2024:
Sherman v Lamb (No 2) [2024] FCA 689
BANKRUPTCY AND INSOLVENCY - where the trustee of the bankrupt estate applies for orders under s 30 of the Bankruptcy Act 1966 (Cth) (the Act) for a production order akin to the trustee's power under s 77A of the Act - where the orders are directed at an incorporated legal practice (ILP) that previously advised the bankrupt in relation to…
Judge: Logan J
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