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
- 3 Feb 2025:
Costagliola v Autore [2025] FCA 35
BANKRUPTCY AND INSOLVENCY - application for freezing order to restrain sale of property - where applicant obtained judgment against the respondent in the District Court - where respondent subsequently went bankrupt and freezing orders were sought against companies allegedly related to the respondent - where orders sought were ambitious and novel…
Judge: Wigney J - 28 Jan 2025:
Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 8) [2025] FCA 20
PRACTICE AND PROCEDURE - consent orders giving effect to judgment - construction of orders - applications dismissed
Judge: Markovic J - 28 Jan 2025:
Mokhtar v Piscopo (No 2) [2025] FCA 21
COSTS - applicant sought orders that the respondent trustee personally pay the applicant's costs - respondent sought no order as to costs - where applicant was successful in application for removal of respondent as trustee of the applicant's bankrupt estate - consideration of general principles applicable to the discretion to grant costs under s…
Judge: Perry J - 13 Jan 2025:
Michael Wilson & Partners Ltd v Porter (No 5) [2025] FCA 5
PRACTICE AND PROCEDURE - where orders made pursuant to s 54A(1) of the Federal Court of Australia Act 1976 (Cth) for costs to be quantified on a lump sum basis by a registrar acting as a referee - application to extend time for seeking orders to the effect that the report of the referee not be adopted - application refused - consideration of…
Judge: Colvin J - 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
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.
