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
- 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 - 21 Jun 2024:
Scott (trustee) v Stolyar, in the matter of Stolyar (Bankrupt) (No 2) [2024] FCA 659
BANKRUPTCY AND INSOLVENCY - application by trustee in bankruptcy for enforcement of charging order over shares - orders made on 22 December 2023 appointing receiver to sell shares and for sale proceeds to be paid into Court - application by receiver for his costs and disbursements - whether amount claimed is reasonable - application by trustee for …
Judge: Halley J - 20 Jun 2024:
Veale v Coleman [2024] FCAFC 83
BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice issued under s 41(1) of the Bankruptcy Act 1966 (Cth) - foreign currency judgment debt - where bankruptcy notice includes incorrect date for conversion of foreign currency judgment debt to Australian dollars - where bankruptcy notice includes Reserve Bank of Australia rate of…
Judge: Markovic, Halley and Cheeseman JJ - 19 Jun 2024:
Gidley (Trustee), in the matter of Ripoll (Bankrupt) v Ripoll [2024] FCA 650
BANKRUPTCY AND INSOLVENCY - where notice given by Official Receiver pursuant to s 139ZQ of the Bankruptcy Act 1966 (Cth) - where trustee sought recovery of money or property - whether binding financial agreement constituted forbearance to sue - whether forbearance to sue can constitute consideration for the transfer of property - where there was…
Judge: Markovic J - 14 Jun 2024:
Ruhe (Trustee) v Rodmarg Pty Ltd, in the matter of Bankrupt estates of Power [2024] FCA 638
BANKRUPTCY AND INSOLVENCY - orders in relation to estate administration - application of ss121, 128B and 128C of the Bankruptcy Act 1966 (Cth) - findings of fact
Judge: Neskovcin J - 14 Jun 2024:
Lee v Dentons Australia Limited [2024] FCA 622
BANKRUPTCY AND INSOLVENCY -- application for a review of a Registrar's decision -- whether substituted service orders properly construed excluded the operation of reg 102 of the Bankruptcy Regulations 2021 (Cth) and s 28A of the Acts Interpretation Act 1901 (Cth) -- whether there is proof to the contrary in accordance with reg 102(2) of the…
Judge: Cheeseman J - 5 Jun 2024:
Monks v Mawhinney [2024] FCA 582
BANKRUPTCY AND INSOLVENCY - creditor's petition - whether the respondent is indebted to the applicants as required by s 44(1)(a) of the Bankruptcy Act 1966 (Cth) - whether the respondent gave notice that he had suspended payment of his debts within the meaning of s 40(1)(h) of the Act - creditor's petition dismissed with costs
Judge: Stewart J - 23 May 2024:
Official Receiver v Chan [2024] FCA 542
BANKRUPTCY - referral of debtor's petition by joint debtors - where creditor's petition pending against one but not both of joint debtors - whether to direct Official Receiver to accept or reject petition - whether different dates for commencement of bankruptcy appropriate - held if Court is persuaded to direct that debtor's petition by joint…
Judge: Colvin J
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