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:
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| Rules: |
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Latest Judgments
- 7 Dec 2023:
Dunstan v Orr (No 2) [2023] FCA 1536
PRACTICE AND PROCEDURE - respondents' application under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) for summary judgment - where applicant's claims arose from applicant's suspension from duty under Public Service Act 1922 (Cth) in 1997 and the conduct of the respondents and their legal…
Judge: Wigney J - 6 Dec 2023:
Toogood v Gott [2023] FCA 1521
APPEAL AND NEW TRIAL - whether the primary judge denied the appellants procedural fairness - whether the primary judge failed to provide adequate reasons for judgment BANKRUPTCY AND INSOLVENCY - whether creditor's petition had lapsed - whether creditor's petition invalid - whether bankruptcy notice invalid - whether appellants were solvent -…
Judge: Rangiah J - 5 Dec 2023:
Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 4) [2023] FCA 1555
PRACTICE AND PROCEDURE - interlocutory application for stay of orders for possession in aid of application for leave to appeal order refusing to grant such a stay - where application for leave to appeal not shown to have any prospects of success - interlocutory application dismissed with costs
Judge: Nicholas J - 4 Dec 2023:
Broadbent v Medical Board of Australia [2023] FCAFC 186
BANKRUPTCY - appeal from dismissal of application for review of sequestration order made by a registrar - whether error in exercise of discretion to make sequestration order on creditor's petition - whether sufficient cause why sequestration order ought not be made - whether there was in truth and reality a debt due to the petitioning creditor -…
Judge: Collier, Meagher and Horan JJ - 30 Nov 2023:
Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 3) [2023] FCA 1529
PRACTICE AND PROCEDURE - application for stay of execution of orders - application made on the basis of hardship - application made on the basis that the judgment giving rise to the relevant orders was obtained by fraud - application dismissed
Judge: Markovic J - 24 Nov 2023:
Scott v NIMLAW Pty Ltd (No 2) [2023] FCA 1472
PRACTICE AND PROCEDURE - application for a stay of orders dismissing an application to set aside a bankruptcy notice pending the determination of an application for leave to appeal against the orders - preliminary assessment that the prospects of success on the application for leave to appeal are poor - applicant will not suffer material prejudice …
Judge: O'Bryan J - 23 Nov 2023:
Soloman v Official Receiver in Bankruptcy, in the matter of Soloman [2023] FCA 1462
BANKRUPTCY - statement of affairs - whether to be treated as having been filed at a date earlier than it was actually filed - Held: Application granted.
Judge: Cheeseman J - 15 Nov 2023:
Pro Plumbing & Gasfitting Pty Ltd v Betts [2023] FCA 1433
PRACTICE AND PROCEDURE - orders ancillary to freezing orders - affidavits of disclosure - claim of privilege against self-incrimination with respect to one affidavit - order made requiring the affidavit the subject of the claim for privilege to be provided to the plaintiff - certificate granted under s 128A of the Evidence Act 1995 (Cth)
Judge: Goodman J - 15 Nov 2023:
Scott v NIMLAW Pty Ltd [2023] FCA 1420
BANKRUPTCY - application to set aside a bankruptcy notice - notice founded on a judgment debt - whether the applicant has a defence, cross-claim or set-off that could not have been erected in the proceeding in which judgment was obtained - where orders pronounced orally dismissing the application - where ex tempore reasons given - where applicant…
Judge: Charlesworth J - 13 Nov 2023:
Aquamore Credit Equity Pty Ltd v Maroon [2023] FCA 1399
BANKRUPTCY AND INSOLVENCY - whether the requirements for a sequestration order have been established - the Court's discretion not to make sequestration orders under s 52(1) of the Bankruptcy Act 1966 - whether solvency is established - whether the Court should go behind Supreme Court judgments to consider the claim that no debt is owed to the…
Judge: Stewart J
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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.
