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
- 15 Sep 2023:
Guss v Larkfield Industrial Estates Pty Ltd [2023] FCA 1105
BANKRUPTCY AND INSOLVENCY - appeal from Federal Circuit and Family Court of Australia - primary judge refused application to set aside bankruptcy notice - whether primary judge erred in finding that bankruptcy notice was not invalid on the ground of misstatement under s 41(5) of the Bankruptcy Act 1966 (Cth) - whether interlocutory costs orders…
Judge: Rofe J - 14 Sep 2023:
Richards v Hutchinson [2023] FCA 1102
BANKRUPTCY - application to set aside bankruptcy notice - where debtor sought to amend application and file further affidavit material - hearing de novo - original application relied on s 41(6A) Bankruptcy Act 1966 (Cth) - debtor subject of interlocutory costs order in Supreme Court of Queensland in favour of respondents to substantive proceedings …
Judge: Collier J - 11 Sep 2023:
JB Solicitors Pty Ltd v Cam, in the matter of the Bankrupt Estate of Cam [2023] FCA 1095
BANKRUPTCY AND INSOLVENCY - review of sequestration order made by Registrar - where default judgment against Respondent entered by District Court of New South Wales - where notice of motion to set aside default judgment had been dismissed - whether evidence of Respondent provides a sufficient basis to go behind default judgment
Judge: Perram J - 11 Sep 2023:
Van Eps v Child Support Registrar [2023] FCA 1068
BANKRUPTCY AND INSOLVENCY - Whether application to set aside bankruptcy notice filed within time under s 41(7) Bankruptcy Act 1966 (Cth) - when applicant served with bankruptcy notice - meaning of "within 21 days after" - when application taken to be filed under r 2.25 Federal Court Rules 2011 (Cth) - whether Court has jurisdiction to hear…
Judge: Collier J - 29 Aug 2023:
Coleman v Veale [2023] FCA 1023
BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice under s 30 of the Bankruptcy Act 1966 (Cth) (the Act) - whether failure to note and make allowance for a costs order adverse to respondent vitiated bankruptcy notice - consideration of whether invalidity flows automatically from misstatement - consideration of meaning of…
Judge: Kennett J - 28 Aug 2023:
Dessmann, in the matter of Dessmann [2023] FCA 1019
SUPERANNUATION - application for an order that the applicant not be a disqualified person under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth) - where applicant is sole member of a self-managed superannuation fund
Judge: Hespe J - 24 Aug 2023:
Yushkova v Cook (Trustee) in the matter of the bankrupt estate of King (No 3) [2023] FCA 1027
PRACTICE AND PROCEDURE - application for recusal on grounds of apprehended bias - whether previous decision pre-judged the matter - whether fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind - whether logical connection established - application dismissed
Judge: Thomas J - 23 Aug 2023:
Roufeil as Trustee of the Bankrupt Estate of Tarrant v Tarrant Enterprises Pty Ltd as Trustee for the MRT Family Trust [2023] FCAFC 142
BANKRUPTCY AND INSOLVENCY - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) - where transfers made by a person who later became bankrupt from his current account to a loan account held by a company - whether the transfers may be avoided on the basis that each transfer constituted a "payment of money" within the…
Judge: Derrington, Abraham and Jackman JJ - 18 Aug 2023:
Cooper v Selection Steel Trading Pty Ltd [2023] FCA 979
BANKRUPTCY AND INSOLVENCY - application for annulment of a sequestration order under s 153B of the Bankruptcy Act 1966 (Cth) - whether the Court is satisfied that the sequestration order ought not to have been made - where the applicant was indebted to the respondent at the time of the sequestration order - where the applicant was properly served…
Judge: O'Sullivan J - 14 Aug 2023:
Burhala v Yeo [2023] FCA 962
PRACTICE AND PROCEDURE - application for security for costs in respect of an application for an extension of time and leave to appeal - where applicant resides out of the jurisdiction - where applicant owns no assets in Australia - where no evidence that applicant is unable to meet adverse costs order from assets held outside Australia and where…
Judge: O'Bryan J
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