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)

• 17 Jun 2025: Victorian Legal Services Board v Kuksal (No 2) [2025] FCA 646
  BANKRUPTCY AND INSOLVENCY – opposition to listing of creditor’s petition on dates which are seven months after date of filing the petition
  Judge: DOWNES J
• 13 Jun 2025: HBSY Pty Ltd v Lewis (Costs) [2025] FCAFC 80
  COSTS – where respondent successful in the appeal proceedings – where previous costs orders made
  Judge: MARKOVIC, DOWNES AND KENNETT JJ
• 5 Jun 2025: Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 5) [2025] FCA 586
  COSTS – application for an order that a non-party pay the costs of the successful cross-claimant – no basis established for such an order – application dismissed
  Judge: GOODMAN J
• 9 May 2025: Sandhu v Owen [2025] FCA 566
  CORPORATIONS - application for stay of sequestration order - application adjourned - no stay orders made
  Judge: JACKSON J
• 26 May 2025: Paule v Kambouris [2025] FCA 539
  BANKRUPTCY – extension of time to comply with bankruptcy notice – scope of discretion conferred by s 41(6A) of the Bankruptcy Act 1966 (Cth) – where applicant subject to judgment debt – where application to stay judgment debt pending
  Judge: STELLIOS J
• 19 May 2025: Shanahan as trustee of the Estate of Wilcox v Sanderson Estates Pty Ltd in the matter of Wilcox (a bankrupt) (No 2) [2025] FCA 528
  CORPORATIONS – application by trustees and receivers for judicial advice – whether trustees and receivers justified in not appearing and not taking an active role in Court of Appeal of the New South Wales Supreme Court proceeding – orders made giving advice sought
  Judge: HALLEY J
• 20 May 2025: Kimber v Clark in his capacity as trustee of the property of Kimber (No 4) [2025] FCA 509
  COSTS – quantification of amount payable pursuant to lump sum costs order – whether costs fair and reasonable – amount of discount to be applied – uplift for skill, care and responsibility – where proceedings urgent and factually complex
  Judge: PERRY J
• 14 May 2025: Mahommed v Cox [2025] FCA 469
  BANKRUPTCY AND INSOLVENCY – appeal from decision of primary judge to dismiss application for review of registrar’s decision to dismiss an application to set aside a bankruptcy notice – whether appellant has a counter-claim, set-off or cross demand equal to, or in excess of, the judgment debt – where judgment debt created by a costs order – appeal…
  Judge: MARKOVIC J
• 5 May 2025: Paule v Kambouris [2025] FCA 474
  BANKRUPTCY – Urgent interim applications to extend time for compliance with Bankruptcy Notices arising out of proceedings in the NSW Supreme Court until 4pm on the date application listed for hearing – extension of time application rejected by Judicial Registrar – application to review Judicial Registrar’s decision proposed – Notice of Appeal…
  Judge: NEEDHAM J
• 6 May 2025: Vines (Trustee), in the matter of the Bankrupt Estate of Mitchell v The Edge TC Pty Ltd (No 4) [2025] FCA 455
  BANKRUPTCY AND INSOLVENCY - application by bankrupt for leave to be heard pursuant to rule 2.03(1) of the Federal Court (Bankruptcy) Rules 2016 (Cth) - no good reason shown - application dismissed with liberty to apply at later time
  Judge: JACKSON J

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