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 Mar 2025: Maclean v Brylewski [2025] FCA 173
  PRACTICE AND PROCEDURE – application for adjournment of appeal – relevant considerations – application for adjournment granted
  Judge: MOORE J
• 11 Feb 2025: McEwan v Official Trustee in Bankruptcy [2025] FCA 162
  BANKRUPTCY AND INSOLVENCY – whether a notice of objection to discharge was invalid – whether a notice of objection to discharge is without utility in the administration of the bankrupt’s estate – whether the conduct of the trustees constitutes disentitling conduct as to the award of costs – application dismissed
  Judge: LOGAN J
• 5 Mar 2025: Frigger v Trenfield (No 10) [2025] FCA 164
  COSTS – whether r 39.05(h) of the Federal Court Rules 2011 (Cth) (Rules) can apply to an error of a costs order made by the Court - whether r 39.05(h) of the Rules can apply to a proceeding where counsel failed to seek an order which required exercise of a judicial discretion – whether r 39.05(h) only applies where judicial discretion could only…
  Judge: LOGAN J
• 26 Feb 2025: Field (Trustee) v Spencer [2025] FCA 122
  BANKRUPTCY - application by trustee for order for possession of bankrupt's home - whether any basis to oppose order - consideration of source of power to grant orders - consideration of appropriate form of orders - considerable delay by trustee in administration of estate - whether orders should be made in exercise of Court's supervisory…
  Judge: COLVIN J
• 24 Feb 2025: Vines (Trustee), in the matter of the Bankrupt Estate of Mitchell v The Edge TC Pty Ltd (No 3) [2025] FCA 142
  BANKRUPTCY AND INSOLVENCY - application by interim receivers for freezing orders - neither interim receivers nor person enjoined parties to proceeding - application for freezing orders - injunction granted restraining person from disposing of or encumbering proceeds of sale of aircraft - interim receivers may seek leave to cross-claim against…
  Judge: JACKSON J
• 25 Feb 2025: Rahman v Kent (No 2) [2025] FCA 129
  PRACTICE AND PROCEDURE - where successful appellant seeks review of a decision by the Registrar to dismiss his application for the release of $25,000 paid into court as security for costs of an appeal - whether that security ought to be released where the appellant was awarded costs on the substantive appeal but was subject to an adverse costs…
  Judge: STEWART J
• 24 Feb 2025: Inspector-General in Bankruptcy v Hartnett [2025] FCA 111
  BANKRUPTCY AND INSOLVENCY - application pursuant to section 222(1) Bankruptcy Act 1966 (Cth) to set aside personal insolvency agreement entered pursuant to Part X of that Act - meaning of "in force" in section 222(1) - whether the terms of the agreement are unreasonable or are not calculated to benefit the creditors generally - whether any other…
  Judge: DOWNES J
• 17 Feb 2025: Kimber v Clark in his capacity as trustee of the property of Kimber (No 3) [2025] FCA 86
  PRACTICE AND PROCEDURE - where applicant has filed an application for annulment of bankruptcy pursuant to s 153B of the Bankruptcy Act 1966 (Cth) - interlocutory application by respondents for summary dismissal under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) - whether annulment…
  Judge: PERRY J
• 13 Feb 2025: Chenyi Pty Ltd v Vrkic, in the matter of Chen [2025] FCA 78
  BANKRUPTCY AND INSOLVENCY - section 90-15(1) of the Insolvency Practice Schedule (Bankruptcy) - whether trustee in bankruptcy justified in entering into and giving effect to terms of settlement - basis for the exercise of the Court's power under s 90-15 established
  Judge: NESKOVCIN J
• 5 Feb 2025: Sandilands v Registrar Parkyn [2025] FCA 41
  PRACTICE AND PROCEDURE - application for an extension of time to review a Registrar's decision under r 2.26 of the Federal Court Rules 2011 (Cth) to reject documents for filing -- jurisdiction of the Court to review decisions of the Registrar -- whether the original application and accompanying documents are frivolous and vexatious -- where there…
  Judge: PERRY J

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